R653-5-7. Procedures for Acquisition of Permit

(1) Application for Permit: To qualify for a cloud seeding permit a licensee must:

(a) Submit a properly completed application to the Division;

(b) Submit proof of financial responsibility in order to give reasonable assurance of protection to the public in the event it should be established that damages were caused to third parties as a result of negligence in carrying out a cloud seeding project;

(c) Submit a copy of the contract or proposed contract between the sponsor and licensed contractor relating to the project;

(d) Submit the plan of operation for the project, including a map showing locations of all equipment to be used as well as equipment descriptions;

(e) Receive preliminary approval of the project from the Director before proceeding with notices of intent described in R653-5-7(7) and (8) of this rule.

(f) File with the Division a notice of intention for publication which sets forth the following:

(i) the name and address of the applicant;

(ii) statement that a cloud seeding license has been issued by the Division;

(iii) the nature and the objective of the intended operation, and the person or organization on whose behalf it is to be conducted;

(iv) the specific area in which, and the approximate date and time during which the operation will be conducted;

(v) the specific area which is intended to be affected by the operation;

(vi) the materials and methods to be used in conducting the operation; and

(vii) a statement that persons interested in the permit application should contact the Division.

(g) File with the Division, within 15 days from the last date of the publication of notice, proof that the applicant caused the notice of intention to be published at least once a week for three consecutive weeks in a newspaper having a general circulation within each county in which the operation is to be conducted and in which the affected area is located. Publication of notice shall not commence until the applicant has received approval of the form and substance of the notice of intention from the Director.

(2) Description of a Permit: A licensee shall comply with all the requirements set out in his permit. A permit shall include the following:

(a) The effective period of the permit, which shall not exceed one year;

(b) The location of the operation;

(c) The methods which may be employed; and

(d) Other necessary terms, requirements, and conditions.

(3) Authority to Amend a Permit: The Division may amend the terms of a permit after issuance if it determines that it is in the public interest.