Kansas Administrative Regulations › Agency 98 - KANSAS WATER Authority › Article 4 - WEATHER MODIFICATION › Section 98-4-2 - Permits

Current through Register Vol. 43, No. 28, July 11, 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.