§ 880-X-8N-.07. Eligibility For Assistance
An applicant is eligible for assistance if he:
(a) Possesses a valid license pursuant to Chapter 880-X-6.
(b) Applies for a permit pursuant to the Act; and
(c) Establishes that his or her probable total attributed annual production from all locations on which the operator is issued the surface coal mining and reclamation permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the permittee:
1. The pro rata share, based on percentage of ownership of the applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest.
2. The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;
3. All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;
4. All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.
(d) Is not restricted in any manner from receiving a permit under the permanent regulatory program; and
(e) Does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the SOAP.
Author:(Filed May 20, 1982. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.)
On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83.
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