N.M. Admin. Code § 19.8.32.3200 - ELIGIBILITY FOR ASSISTANCE

An applicant is eligible for assistance if he:

A. intends to apply for a permit pursuant to the act;

B. establishes that his probable total actual and attributed production from all locations during any consecutive 12-month period either during the term of his permit or during the first 5 years after issuance of his permit, whichever period is shorter, will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant:

(1) the pro rata share, based upon percentage of ownership of 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 applicants' relatives, unless it is established that there is no direct or indirect business relationship between or among them.

C. is not restricted in any manner from receiving a permit under the permanent regulatory program; and

D. does not organize or reorganize his company solely for the purpose of obtaining assistance under the SOAP.

Notes

N.M. Admin. Code § 19.8.32.3200

11-29-97; 19.8.32.3200 NMAC - Rn, 19 NMAC 8.2.32.3200, 9-29-2000; A, 1-15-2002