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42.09 Permits.

Subdivision 1. Issuance. No person shall conduct an operation without a permit issued by the commissioner. Applications for permits shall be on forms prescribed and furnished by the commissioner. Permits shall be issued only to applicants who hold a valid weather modification license, pay a fee of $100 and furnish proof of financial responsibility pursuant to subdivision 2. Prior to conducting an operation, the permittee shall publish notice of the operation as the commissioner shall require and shall give written notice to the county boards of the counties over which the operation is to be conducted and counties contiguous thereto. The permit shall be valid for one year or until the operation terminates, whichever first occurs.

Subd. 2. Liability. The applicant shall demonstrate to the satisfaction of the commissioner the ability to respond to damages for liability which might reasonably result from the operation for which the permit is sought.

Subd. 3. Repealed, 1996 c 310 s 1

Subd. 4. Exemptions. To the extent the commissioner deems necessary, emergency weather modification operations for the purpose of controlling fire, frost, sleet, hail, fog, or wind shall be exempt from the permit requirements.

Subd. 5. Renewal. The commissioner may renew a permit annually if the applicant has the qualifications necessary for issuance of an original permit and pays a fee of $100.

Subd. 6. Certain apparatus prohibited. No permit shall be issued to use a cloud seeding apparatus which emits cloud seeding material into the air when located on or in contact with the ground.

Subd. 7. Hearing. Before a permit is issued, the commissioner may hold an informal hearing on the permit, at a location within the same geographic area as the proposed operation will be conducted.

Subd. 8. One permit per area. No more than one weather modification permit shall be issued for a given geographic area.

Subd. 9. Operational plan. The applicant must submit a complete operational plan for each proposed project prepared by the licensee who shall conduct the operation, which shall include, but not be limited to:

(a) a specific statement of the nature and objectives of the intended operation,

(b) a map of the proposed operating area which specifies the primary target area and shows the area reasonably expected to be affected and a rain gauge system for both seeded and downwind areas,

(c) an estimate of the amount of cloud seeding material expected to be placed in the clouds,

(d) a statement of the types of clouds to be seeded and identification of a procedure for random selection of at least a portion of the clouds to be seeded during the operation,

(e) the name and address of the licensee,

(f) the person or organization on whose behalf it is to be conducted,

(g) a statement showing any expected effect upon the environment and results of weather modification operations, and methods of determining and properly evaluating that operation, and any other detailed information as may be required to describe the operation and its proposed method of evaluation.

HIST: 1977 c 426 s 9; 1985 c 248 s 11; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes