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RULE §79.18Permit Application

An application for a Texas weather modification permit must be filed with the Department and must include the following.

  (1) The required permit fee.

  (2) Proof that the applicant holds a valid Texas weather modification license or has a pending application for one.

  (3) Supporting data for the application in a form prescribed by the Department, including:

    (A) a plan of operation that details the type of weather modification activity proposed,

    (B) equipment and personnel involved in the operation,

    (C) a description of climate and hazardous weather in the operational area, including explicit statements, where applicable, that the permittee will, or will not, and under what conditions, conduct operations in areas for which the National Weather Service has issued hazardous-weather watches and warnings,

    (D) a description of the weather modification methodology that will be used, accompanied by documentation (including citations in referenced meteorological journals) which attests to the technology's scientific credibility, and

    (E) a description of the technique that will be used to evaluate the overall effect of the proposed operation.

  (4) All contracts, letters of intent, or proposals that pertain to conducting the proposed operation for a client;

  (5) An illustration of the operational and target areas that is plotted on a map;

  (6) Sufficient information to satisfy the Department that the applicant is able to pay damages for liability which might reasonably arise as a result of the proposed operation, such as a copy of a comprehensive liability insurance policy or a certificate from an insurer guaranteeing coverage for the proposed operation during the proposed term.

  (7) A notice of intention.

Source Note: The provisions of this §79.18 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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