16 Tex. Admin. Code § 79.17 - Notice 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.
Notes
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