62C-16.0071. Violations, Damages, and Penalties

(1) Upon determination by the Department that an operator is in violation of any requirement of this chapter or approval granted, the Department shall notify the operator in writing by certified mail of the alleged violation. The notice of violation shall set forth in detail the alleged violation and specify a reasonable time, not to exceed 90 days, in which to begin corrective action. The Department may also specify a time by which the corrective action must be completed.

(2) If an operator disputes the matters contained in a notice of violation, the operator may request a hearing, pursuant to Sections 120.569 and 120.57, F.S. If a hearing is requested, the time for initiating corrective action shall not begin to run until a final order is entered.

(3) If the violation specified in the notice of violation has not been corrected upon the expiration of the period provided in the notice of violation, the Department may institute a civil action in a court of competent jurisdiction, as follows:

(a) For injunctive or other appropriate relief to enforce compliance with this chapter, or for the assessment of damages, or for both injunctive relief and damages. This paragraph shall not apply to the failure to comply with the requirements of subsection 62C-16.0075(5), F.A.C.

(b) To impose and recover a civil penalty for a violation of this chapter or any order issued pursuant to this chapter. This paragraph shall not apply to the failure to comply with the requirements of subsection 62C-16.0075(5), F.A.C. The penalty shall not exceed the following amounts and the court shall consider evidence in mitigation:

1. For violations of a minor or technical nature, $100 per violation.

2. For major violations on which a penalty has not been imposed under this subparagraph during the previous five years, $1,000 per violation.

3. For major violations not covered by subparagraph 2. above, $5,000 per violation. The civil penalties provided for in this paragraph (b) shall not begin to accrue until the expiration of the time for initiating corrective action, as provided in the notice of violation issued by the Department. Each day or any portion thereof in which the violation continues shall constitute a separate violation.

(c) To recover against the security provided pursuant to Rule 62C-16.0075, F.A.C., if an operator has failed to comply with the requirements of subsection 62C-16.0075(5), F.A.C., and the Department determines that the operator is unable or unlikely to come into compliance with those requirements within a reasonable time.

(4) Minor violations shall consist of the following:

(a) All violations of a technical nature.

(b) Being behind schedule in contouring or revegetation on reclamation parcels more than one month, but less than six months, based on the required completion dates in subsection 62C-16.0051(12), F.A.C.

(c) Being out of compliance with contouring and erosion control standards, after the required completion date for contouring in subsection 62C-16.0051(12), F.A.C.

(d) Being out of compliance with revegetation standards, after the required completion date for revegetation in subsection 62C-16.0051(12), F.A.C.

(e) Failure to submit and complete an Annual Mining and Reclamation Report, pursuant to Rule 62C-16.0091, F.A.C.

(f) Failure to comply with any rule contained in this chapter, unless otherwise specified in subsections (3) and (4).

(5) Major violations shall consist of any violation not specified in subsection (4) above, including the following:

(a) Undertaking any activities that are not in agreement with the approved conceptual plan.

(b) Undertaking any reclamation or restoration activities that are not in agreement with the approved conceptual plan or conceptual plan modification, except as authorized by subsection 62C-16.0041(2), F.A.C.

(c) Being behind in contouring or revegetation on reclamation parcels more than six months, based on required completion dates.

(d) Failure to comply with an order issued pursuant to this chapter.

(e) Failure to post a security as required by subsection 62C-16.0075(1), F.A.C.

Rulemaking Authority 378.205 FS. Law Implemented 120.69, 378.211 FS. History–New 10-6-80, Formerly 16C-16.071, Amended 2-22-87, Formerly 16C-16.0071, Amended 5-28-06.