4VAC25-130-795.6: Eligibility for assistance

(a) An applicant is eligible for assistance if the applicant—

(1) Intends to apply for a permit pursuant to the Act;

(2) Establishes that his probable total attributed annual production from all locations on which the operator is issued the surface coal mining permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant—

(i) 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% interest;

(ii) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10% of the applicant's operation;

(iii) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;

(iv) 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 the Act; and

(4) Does not organize or reorganize his company solely for the purpose of obtaining assistance under the SOAP.