Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1222 - SMALL OPERATOR ASSISTANCE PROGRAM: ELIGIBILITY FOR ASSISTANCE
Universal Citation: MT Admin Rules 17.24.1222
Current through Register Vol. 6, March 22, 2024
An applicant is eligible for assistance if he or she:
(1) intends to apply for a permit pursuant to the Act;
(2) establishes that the probable total actual and attributed coal production of the operation for each year of the permit will not exceed 300,000 tons. Production from the following operations must be attributed to the applicant:
(a) the pro rata share, based upon percentage
of ownership by the applicant, of coal produced by operations in which the
applicant owns more than a 10% interest;
(b) all coal produced by operations owned by
persons who directly or indirectly control the applicant by reason of stock
ownership, direction of the management or in any other manner
whatsoever;
(c) the pro rata share,
based upon percentage of ownership of the applicant, of coal produced in other
operations owned or controlled by persons who own more than 10% of the
applicant's operation;
(d) all coal
produced by operations owned by the family and relatives of the applicant,
unless there is no direct or indirect business relationship between or among
the individuals; and
(3) has not organized or reorganized his or her company solely for the purpose of obtaining assistance.
AUTH: 82-4-205, MCA; IMP: 82-4-221, MCA
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