SECTION 79.22. Description of Permit

A Texas weather modification permit shall include the following:

(1) the effective period of the permit, which may be all or part of a year or years, but not more than four years, and

(A) if the permit is for more than one year, the permit shall contain a statement that it shall remain valid for so long as the permittee continues to operate in successive years during all or some of the months authorized;

(B) if a weather modifier is authorized to conduct an operation on behalf of a sponsoring entity, the term of the permit shall be limited to the duration of the contract in effect between the weather modifier and the sponsor at the date that the Department issues the permit; and

(C) if a weather modifier and client include in their initial contract that their agreement should be renegotiated during the term of a multi-year permit, the permit shall contain a statement that the weather modifier must submit a copy of any modified contract to the Department for review and approval before the start of operations under that modified contract;

(2) a description of the boundaries of the operational and target areas and a map that depicts those areas;

(3) the weather modification method(s) that may be employed;

(4) a requirement that the permittee maintain insurance coverage or other financial assurance of the types and amounts satisfactory to the Department for the term of the permit;

(5) a requirement that the permittee maintain a valid license and that the operation be directed only by those individuals named on the license or as amended under §79.51 and §79.52;

(6) a statement that the operation must be conducted during each year of a multi-year permit, as set forth in the plan of operations, and that the plan is incorporated in the permit;

(7) a requirement that the permittee notify the Department of any changes to the list required by §79.18(8);

(8) a statement that the Department shall have immediate access to any information the permittee maintains that is pertinent to day-to-day weather modification operations; and

(9) other terms, requirements, and conditions that the Department deems advisable.

Source Note: The provisions of this §79.22 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective July 13, 2004, 29 TexReg 6641