Current through Register Vol. 43, No. 12, March 20, 2024
(a) A weather
modification permit, which is a document issued by the director authorizing
weather modification activity in Kansas, shall be required annually, on a
calendar-year basis, for each weather modification project. If a weather
modification project will extend over more than one calendar year, a permit may
be extended on a year-to-year basis upon payment of the annual fee, a review by
the director, and the publication of a notice of intent to continue the
operation. A public hearing on any renewal may be held by the director.
A permit shall not be assigned or transferred by the permit
holder.
(b) Each permit
application shall be submitted at least 60 days before the initial date of the
proposed operational period for which the permit is sought. Each permit
applicant shall also provide the application at least 30 days before an
applicable authority meeting to ensure timely consideration.
(c) Each applicant for a permit to conduct
weather modification activities in Kansas shall meet the following
requirements:
(1) Submit to the director a
completed application for permit on a form provided by the director. Forms may
be posted on the office web site;
(2) pay the $100.00 permit fee, if
applicable;
(3) present evidence
that the applicant is, or has in its employ, a license holder;
(4) demonstrate proof of ability to meet the
liability requirements of section 1411 (4) of the Kansas weather modification
act. This proof may be provided in the form of an insurance policy written by a
company authorized to do business in Kansas or by a statement of individual
worth, including a profit-and-loss statement, that is accepted by the
director;
(5) submit a complete and
satisfactory operational plan for the proposed weather modification project
that includes the following:
(A) A map of the
proposed operating area specifying the primary target area and showing the area
reasonably expected to be affected. "Primary target area" shall mean the area
within which the weather modification activity is intended to have an
effect;
(B) the name and address of
the license holder specified in paragraph (c)(3);
(C) the nature and object of the intended
weather modification activities;
(D) the meteorological criteria to be used to
initiate or suspend modification activities;
(E) the person or organization on whose
behalf the project is to be conducted;
(F) a statement showing any expected effect
upon the environment; and
(G) the
methods that will be used in determining and evaluating the proposed weather
modification project;
(6) at least seven days before any required
public hearing, publish a "notice of intent" to engage in weather modification
activities in each county of which all or part could be within the primary
target area or within the areas reasonably expected to be affected. The time
and place of the public hearing shall be approved by the director. The notice
of intent shall include notice published in a newspaper or newspapers of
general circulation in the area. The notice shall meet the following
requirements:
(A) Describe the primary target
area;
(B) describe the area that
might reasonably be affected;
(C)
specify the period of operation, including starting and ending dates.
Operational periods shall not be required to be continuous;
(D) describe the general method of
operation;
(E) describe the
intended effect of the operation;
(F) state the time and place of a public
hearing on the application. The hearing shall be held in or near the primary
target area; and
(G) state that
complete details of the application for a permit will be available for
examination in the office of the authority in Topeka and at a location within
the project area as described in the public hearing notice;
(7) provide satisfactory evidence
of publication of the notice of intent to the director before the public
hearing; and
(8) provide any other
relevant information as may be required by the director.
(d) At the discretion of the director,
additional information may be required of the applicant. This additional
information may include a comprehensive environmental impact analysis similar
to the statements required for federal projects.
(e) Each permit issued for a weather
modification activity shall be subject to revision, suspension, or modification
of its terms and conditions by the director, if necessary to protect the
health, safety, or property of any person or to protect the
environment.
(f) In order to modify
the boundaries of a project for which a permit has previously been obtained, a
revised permit shall be required, with conditions similar to those under which
the original permit was issued or as modified by the director.
