25 Pa. Code § 86.83. Eligibility for assistance.

§ 86.83. Eligibility for assistance.

(a)  An applicant is eligible for assistance if the applicant:
   (1)  Intends to apply for a permit under this chapter.
   (2)  Establishes that the probable total attributed annual production from all locations on which the applicant is issued the mining activities permit will not exceed 300,000 tons.
   (3)  Is not restricted from receiving a permit.
(b)  Production attributed to the applicant shall include the following:
   (1)  Coal produced by operations beneficially owned entirely by the applicant or controlled, by reason of ownership, direction of the management or in another manner, by the applicant.
   (2)  The pro rata share, based upon the percentage of beneficial ownership of coal produced by operations in which the applicant owns a 10% interest or more.
   (3)  Coal produced by persons who own 10% or more of the applicant or who directly or indirectly control the applicant by reason of stock ownership, direction of the management or in another manner.
   (4)  The pro rata share of coal produced by operations owned or controlled by the person who owns or controls the applicant.
   (5)  Coal produced by operations owned by members of the applicant’s family and relatives unless the applicant demonstrates that there is no direct or indirect business relationship among them.
(c)  For the purpose of this subchapter, measurement of coal production will be based on the production reported to the office of surface mining reclamation and enforcement for the purpose of the reclamation fee payment.

Source

   The provisions of this §  86.83 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1946; amended September 29, 1995, effective September 30, 1995, 25 Pa.B. 4124; amended January 2, 1998, effective January 3, 1998, 28 Pa.B. 15. Immediately preceding text appears at serial page (198816).

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