Md. Code Regs. 26.20.16.03

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.16.03 - Eligibility for Assistance

A. An applicant is eligible for assistance if the applicant:

(1) Intends to apply for a permit;

(2) Establishes that the probable attributed annual production from all locations on which the operator is issued a surface coal mining and reclamation permit does not exceed 300,000 tons;

(3) Is not restricted in any manner from receiving a permit under the permanent Regulatory Program; and

(4) Does not organize or reorganize a company solely for the purpose of obtaining assistance under the Small Operators Assistance Program (SOAP).

B. Production from the following operations shall be attributed to the applicant:

(1) The pro rata share, based upon 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.

Md. Code Regs. 26.20.16.03

Regulations .03 were previously codified as COMAR 08.13.09.17 a A_H, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .03 amended effective September 23, 1996 (23:19 Md. R. 1378)