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RULE §79.17Notice of Intention to Obtain Permit

(a) Any person seeking to obtain a Texas weather modification permit shall file with the Department a notice of intention to engage in a weather modification operation.

(b) The applicant shall include the following information in the notice of intention and must submit the notice of intention in the format prescribed by the Department.

  (1) A statement that an application for a Texas weather modification permit has been filed with the Department, giving the name and address of the applicant.

  (2) The date on which the Department issued the applicant a Texas weather modification license and all dates of renewal, or the date on which the applicant filed an application for a weather modification license with the Department.

  (3) The nature and objectives of the proposed operation and the number of years for which a permit is requested.

  (4) If applicable, the person or organization, including mailing address and occupation, on whose behalf the operation is to be conducted.

  (5) The operational area in which the proposed operation will be conducted, described in sufficient detail to plot the location on a map.

  (6) The target area, which is intended to be affected by the proposed operation, described, in sufficient detail to plot the location on a map.

  (7) The materials and methods to be used in conducting the proposed operation.

  (8) The approximate dates and times during which the proposed operation will be conducted.

  (9) A statement that persons interested in the permit application should contact the Department for more information.

  (10) A statement summarizing the conditions under which the public may request a public meeting on the application, as set forth in §79.20.

  (11) If the application includes hail suppression as an objective, a statement summarizing how the public can petition for an election.

(c) The applicant must submit with the notice of intention the type of supporting data prescribed in §79.18(3).

(d) The applicant may not publish the notice of intention until the Department has reviewed and approved the notice of intention in writing.

(e) The Department may disapprove a notice of intention if the applicant fails to provide any of the information required by subsections (b) and (c) or if the Department determines that the notice of intention does not adequately describe the operation. The Department may seek the advice of the Weather Modification Advisory Committee in making this determination.

(f) If the notice of intention is disapproved by the Department, the applicant may appeal to the Executive Director within 10 working days after the applicant receives the Department's written disapproval. The Executive Director shall review the Department's decision and enter an order approving or disapproving the notice of intention.

(g) The applicant must publish the notice of intention as approved at the applicant's expense at least once a week for three consecutive weeks in a newspaper of general circulation in each county in which the operation is to be conducted.

(h) The applicant must file proof of publication and publishers' affidavits with the Department within 15 days after the date of the last publication.

Source Note: The provisions of this §79.17 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641

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