Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 35 - Permanent Regulatory Program: Small Operator Assistance Program
Section 460:20-35-3 - Eligibility for assistance
Universal Citation: OK Admin Code 460:20-35-3
Current through Vol. 42, No. 1, September 16, 2024
(a) An applicant is eligible for assistance if he or she:
(1) Intends to apply for a permit pursuant to
the Act;
(2) Establishes that his
or her probable total actual and attributed production from all locations
during any consecutive 12-month period either during the term of his or her
permit or during the first 5 years after issuance of his or her permit,
whichever period is shorter, will not exceed 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 the applicant, of coal produced by operations in which the
applicant owns more than a 10 percent interest,
(B) The pro rata share, based upon percentage
of ownership of the applicant, of coal produced in other operations by persons
who own more than 10 percent of the applicant's operation;
(C) All coal produced by operations owned by
persons who directly or indirectly control the applicant by reason of direction
of the management;
(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 this Chapter; and
(4) Does not organize or reorganize his or
her company solely for the purpose of obtaining assistance under the Small
Operator Assistance Program.
(b) A State may provide alternate criteria or procedures for determining the eligibility of an operator for assistance under the program, provided that such criteria may not be used as a basis for grant requests in excess of that which would be authorized under the criteria of Subsection (a) of this section.
Amended at 11 Ok Reg 925, eff 12-23-93 through 7-14-94 (emergency); Amended at 11 Ok Reg 4235, eff 7-25-94; Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff 9-13-99
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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