The Florida Senate

403.265  Peat mining; permitting.--

(1)  Definitions.--As used in this section, the term:

(a)  "Agricultural use of peat" means the use of peat as a soil medium, additive, enhancer, or fertilizer.

(b)  "Peat" means a dark brown or black residuum produced by the partial decomposition and disintegration of mosses, sedges, trees, and other plants that grow in marshes and other wet places.

(c)  "Peat mining activity" means the extraction of peat or peat soils for sale or consumption or the disturbance of vegetation or soils in anticipation of the extraction of peat or peat soils for sale or consumption. For the purposes of this part, the term "peat mining activity" does not include the removal of peat or peat soils for construction activities or the removal of overburden for other mining activities.

(d)  "Peat soil" means soil which contains at least 75 percent dry weight of peat material. Such soil is rich in humus and gives an acid reaction.

(2)  Each department permit which authorizes the mining of peat or peat soils or any mining activity associated with the anticipation of the extraction of peat or peat soils for sale or consumption shall require the permittee to institute and complete a reclamation program for the area mined, which program must include the following factors:

(a)  Control of the physical and chemical quality of the water draining from the mining area;

(b)  Soil stabilization, including contouring and vegetation;

(c)  Elimination of health and safety hazards;

(d)  Conservation and preservation of remaining natural resources; and

(e)  A time schedule for the completion of the program and the various phases thereof.

(3)  The department may adopt rules which are consistent with the powers and duties listed in ¹s. 403.912 to govern the mining of peat, including stricter permitting and enforcement provisions for the mining for sale or consumption of peat or peat soils within or contiguous to the areas which have been designated as Outstanding Florida Waters or which were under consideration by the Environmental Regulation Commission for such designation on April 1, 1984.

(4)  The mining of peat or peat soils of less than 5 acres per year, and all peat mining activities for the agricultural use of peat, are exempt from the provisions of this section.

(5)  Nothing in this section limits the permitting authority of the department to regulate peat mining pursuant to other provisions of this chapter.

History.--s. 2, ch. 84-79.

¹Note.--Repealed by s. 45, ch. 93-213.