Section 312 IAC 25-4-137 - Small operator assistance; eligibility for assistanceAuthority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 795.6
Sec. 137.
An applicant is eligible for assistance if he or she does the following:
(1) Intends to apply for a permit under IC 14-34 and this article.(2) Establishes that his or her probable total attributed production from all locations on which the operator is issued the surface coal mining and reclamation permit will not exceed three hundred thousand (300,000) tons. Production from the following operations shall be attributed to the applicant:(A) The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns more than a ten percent (10%) interest.(B) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than ten percent (10%) of the applicant's operation.(C) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of ownership, direction of management, or in any other manner.(D) 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.(3) Is not restricted in any manner from receiving a permit under IC 14-34 or this article.(4) Does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the small operator assistance program.Natural Resources Commission; 312 IAC 25-4-137; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3499, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA