Section 89-07-02-14 - Application for permitApplication for a weather modification permit must be made on forms furnished by the board. Every applicant must submit a properly executed application to the board. The application may contain such information as the board deems necessary, and must include the following information:
1. Name and address of the applicant.2. Whether a weather modification operational permit issued to the applicant in any jurisdiction has ever been suspended or revoked or whether there has been refusal to renew a permit by any jurisdiction. Such circumstances must be explained in detail.3. If the applicant is a corporation, whether it is licensed to do business in North Dakota.4. Whether a license has been issued under North Dakota Century Code section 61-04.1-14, and if so, the names, addresses, and professional license numbers of the controllers.5. Whether professional weather modification licenses issued to the license applicant in any jurisdiction have ever been suspended or revoked or whether there has been refusal to renew a license by any jurisdiction. Such circumstances must be explained in detail.6. Whether proof of financial responsibility has been furnished under section 89-07-02-22 and North Dakota Century Code section 61-04.1-19.7. If the operation will be conducted under a contract, the value of the contract.8. If the operation will not be conducted under a contract, an estimate of the costs of the operation and information as to how the estimate was made.9. Whether the applicant has paid the application fee.10. Whether the applicant has North Dakota workforce safety and insurance coverage.11. A copy of any promotional and advertising material used in connection with negotiations for the contract, if any.12. Whether the applicant has furnished a performance bond, as required by subsection 3 of section 89-07-02-26.13. Whether the applicant has furnished the bid bond.14. Whether the applicant has registered with the North Dakota aeronautics commission all aircraft to be used in the operation for which the permit is sought.15. A complete and detailed operational plan for the operation that includes:a. The nature and object of the operation.b. The legal description and a map showing the operations area and the target area.c. The approximate starting date of the operation and its anticipated duration.d. The kind of seeding agents intended for use and the anticipated rate of their use.e. A list of equipment that will be used and the methods of seeding for which they will be used.f. An emergency shutdown procedure that states conditions under which operations will be suspended because of possible danger to the public health, safety, and welfare or to the environment.g. The means by which the operation plans will be implemented and carried out such as: (1) The location of the main operational office and any other offices used in connection with the operation;(2) The location of such ground equipment as seeding generators, radar, and evaluation instrumentation;(3) The number and kinds of aircraft that will be used;(4) The extent to which weather data will be made available to the licensees; and(5) Other personnel carrying out the project.h. How conduct of the operation will interact with or affect other weather modification operations.16. Such additional information that will assist the board in deciding whether to issue the permit.N.D. Admin Code 89-07-02-14
Effective November 1, 1988; amended effective July 1, 2006.Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .Amended by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 61-04.1-08(3)
Law Implemented: NDCC 61-04.1-16