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In addition to the definitions found at 85-3-101 , MCA, and unless the context requires otherwise, in these rules:

(1) "Act" means Title 85, chapter 3, parts 1-3, MCA.

(2) "Applicant" means any person, political subdivision, public or private corporation, partnership, or other entity that wishes to obtain a weather modification license or permit, or a license or permit exemption.

(3) "License" means an authorization to supervise the conduct of an operation.

(4) "Operational area" means a geographical area in which an operation will be conducted and any meteorological effects of an operation may reasonably be anticipated.

(5) "Permit" means an authorization to engage in a specific operation.

(6) "Seeding" means the intentional introduction of artificial agents into the atmosphere for the purpose of changing or controlling or attempting to change or control the natural development of cloud forms or precipitation forms that occur in the troposphere.

(7) "Target area" means a geographical area within which the intended effects of an operation are desired.

(1) The necessary forms for the administration of these rules are available from the Water RESOURCES DIVISION of the department, 48 Last Chance Gulch, Helena, Montana 59620-1601. The following forms shall be used in the administration of these rules:

(a) Form No. 669-N-278, Application for Exemption from License or Permit Requirements;

(b) Form No. 670-N-278, Application for Weather Modification License;

(d) Form No. 672-N-278, Application for Weather Modification Permit;

(e) Form No. 673-N-278, Notice of Intention to Modify Weather;

(f) Form No. 674-N-278, Weather Modification Operations Report; and

(g) Form No. 675-N-278, Completion Report on Weather Modification Operation.

(1) The following activities are exempt from the license and permit requirements of the act and these rules:

(a) state and federal agencies, colleges, and bona fide non-profit research organizations;

(b) laboratory research and experiments;

(d) activities normally engaged in for purposes other than those of inducing, decreasing, or preventing precipitation or hail.

This rule has been repealed.

(1) A license application shall include the following:

(a) a properly completed Form 670-N-278 including:

(i) a description of the education and experience of the person who will be responsible for the conduct of any operations of the applicant;

(ii) a statement indicating if a weather modification license or a permit application, or a license or permit issued to the applicant by any jurisdiction has been denied or revoked, or if the renewal of any license or permit has been refused. The circumstances for any denial, revocation, or refusal must be described in detail;

(b) a $100 license fee as required by 85-3-205 , MCA.

(1) The department must issue a license to applicants who demonstrate competence in the field of weather modification and meteorology.

(2) Competence in the field of weather modification and meteorology can be demonstrated by a minimum of one full year of experience in a responsible position involving the management and control of a weather modification operation(s) and one of the following:

(a) certification as a weather modification operator or manager by a nationally recognized professional society, agency, or organization; or

(b) four additional years experience in the conduct of weather modification operations; or

(c) a baccalaureate or graduate degree in engineering or a physical sciences field, plus two additional years experience in the conduct of weather modification operations; or

(d) a baccalaureate or graduate degree in engineering or a physical sciences field which includes the equivalent of at least twenty-five quarter credit hours of college course work in meteorology; or

(e) a baccalaureate or graduate degree in meteorology; or

(f) an equivalent combination of education and experience as determined by the department.

(3) The department may also consider the applicant's history of performance and references in determining competency in the field of weather modification and meteorology.

(1) A licensee may apply to have its license renewed by submitting to the department a properly completed Form 671-N-278 and payment of the $100 license fee. An application for license renewal should be submitted to the department at least two months before the license expiration date.

(1) The department may conduct a hearing to modify, suspend, or revoke a license or permit, at any time, or may refuse to renew any license or permit, except the licensee or permittee shall be notified of the hearing by certified mail at least two weeks in advance of the hearing date.

(1) A permit application shall include the following information:

(a) a properly completed Form 672-N-278, including:

(i) a statement with detailed explanation indicating what if any weather modification permits or similar authorizations issued to the applicant by any jurisdiction have been revoked or suspended; and

(ii) informational material used by the applicant to promote its capabilities and activities in the field of weather modification as they relate to the proposed operation;

(b) a Notice of Intention to Modify Weather using Form 673-N-278.

(2) Applications shall be submitted to the department at least 180 days prior to the date on which the intended operation is to commence in order to provide sufficient time for review and preparation of the environmental impact statement. To better assure that a permit application can be processed prior to the intended date of commencement, the applicant should consult with the department prior to permit application submittal.

(1) A permit applicant shall file Form 673-N-278, Notice of Intention to Modify Weather with the department. A completed Form 673-N-278 shall contain the following information:

(a) the name, address, and telephone number of the permit applicant;

(b) the sponsor, objective, and a highlighted description of the intended operation;

(d) the starting date and expected duration of the intended operation;

(e) the seeding agent(s) and rate(s) of use;

(f) the method(s) of delivering the seeding agent(s) , and the intended location of ground-based seeding equipment or airborne seeding activity; and

(g) any suspension criteria proposed by the applicant and included in the detailed operation plan required by ARM 36.20.304.

(2) Upon receipt of Form 673-N-278, the department shall publish the notice of intention at least once a week for two consecutive weeks in a newspaper published within any county wholly or partially within the operational area or having a general circulation in those counties.

(3) The department may generally edit and revise the information provided in Form 673-N-278, include the time and place of any hearing or meeting to be conducted in accordance with ARM 36.20.305, and include the address of the department for the submission of public comments prior to publication.

(4) The applicant shall reimburse the department for the expenses associated with publishing the notice of intention.

(1) Proof of financial responsibility shall be made by the applicant by showing to the satisfaction of the department that the applicant has the ability to respond in damages for liability which might result as a consequence of the intended operation. Such damages include, but are not limited to, losses from flood, lightning-induced fire, hail, or erosion, including those losses that develop after the operation is concluded. Such proof may be shown by:

(a) presenting to the department a prepaid insurance policy or a corporate surety bond, or proof of purchase thereof, in the amount of $10,000,000 and issued by a company against whom service of legal process may be made in Montana for liabilities resulting as a consequence of weather modification operations. This amount may be increased or decreased at the discretion of the department if greater or lesser liability could reasonably be attached to or result from the operation; or

(b) depositing cash or negotiable securities with the department in the amount of $10,000,000. This amount may be increased or decreased at the discretion of the department if greater or lesser liability could reasonably be attached to or result from the operation; or

(2) Cancellation of an insurance policy or corporate bond used to prove financial responsibility must be reported to the department immediately and the permit is automatically suspended upon the expiration of such insurance or bond. The permittee may request a hearing before the department or a designated hearings officer at any time before or after the suspension to prove that financial responsibility can be maintained by means in accordance with this rule. If the hearing is conducted by a designated hearings officer, the department may make a final decision by telephone conference call.

(1) A completed Form 672-N-278 will include the following information:

(a) a general description of the nature and purpose of the operation;

(b) a discussion of the technical and scientific basis for the operation, including a reasonable and generally accepted physical hypothesis underlying the specific seeding methodology to be used;

(c) a map of the target area and the operational area. The map shall specify in detail the intended location of groundbased seeding equipment, airborne seeding activity, and major monitoring devices for the operation;

(d) the location of the site from which management decisions for the operation would be made;

(e) a description of the target area and operational area boundaries and how they were determined;

(f) seeding agent(s) , rate(s) of use, and method(s) of delivery;

(g) intended starting date and expected duration of the operation;

(h) a description of the meteorological data used to design the proposed operation, especially the period of record for which the data were collected, the location of data collection sites, and the frequency with which such data were collected;

(i) the frequency and means by which meteorological and related information needed to conduct and monitor the operation will be collected;

(j) a list of major equipment to be used in the operation, including, but not limited to, seeding equipment, weather forecasting instruments, seeding and cloud physics aircraft, radar systems, and radio communications equipment;

(k) the name and qualifications of the individuals who would be responsible for the day-to-day decisions needed to conduct the proposed operation;

(l) a listing of all key personnel necessary to conduct the operation;

(m) a description of the meteorological conditions or other criteria that would be used to determine when seeding operations would commence and be suspended;

(n) a description of the potential impacts of the intended operation upon other weather modification operations that may be in the vicinity or downwind of the proposed target area;

(o) a general assessment of potential environmental effects, both positive and negative, that could result from the operation, including, but not limited to, impacts on fish and wildlife, precipitation patterns, surface and ground water hydrology, and regional social and economic conditions;

(p) a plan to generally assess the meteorological effects of the operation through the use of reasonably available information;

(q) the estimated cost of the operation for which the permit is being requested; and

(r) proof of financial responsibility.

(1) Permit applicants shall be notified of any hearing at least two weeks prior to the hearing date.

(2) The date, time, and place of the hearing will be included in the notice of intention required by ARM 36.20.302, as well as in any general news release the department may issue regarding the proposed operation.

(1) The department will, upon request, assist a permit applicant by responding to questions regarding the interpretation and requirements of these rules. The department may review draft applications prior to final submittal.

(2) Upon receipt of a final application, the department shall:

(a) review the application and prepare a report and environmental impact statement pursuant to Title 75, chapter 1, part 2, MCA;

(b) perform other analyses as necessary to evaluate an application and the information provided therein;

(d) hold required hearings or meetings.

(1) The department may issue a permit if the statutory requirements are met subject to terms, conditions, restrictions, and limitations it considers necessary to assure that the operation would be for the general welfare and public good.

(1) If, for the protection of the health or the property of any person, it is necessary to suspend a permit the department director, or the director's designee, may authorize an immediate permit suspension by telephone. A hearing to determine if the suspension should be lifted or the permit modified or revoked must be held within two weeks of the effective date of the suspension. The department may appoint a hearings officer to conduct hearings in which testimony is received on the suspension or revocation of a weather modification permit. Upon reviewing the report of the hearings officer, the department shall meet to make a decision as soon as possible.

(1) Every licensee shall keep and maintain a daily record of all operations conducted under each permit, showing:

(a) the method(s) employed in delivering the seeding agent;

(b) type of seeding equipment used;

(d) times and places of seeding activities;

(e) names and addresses of individuals participating or assisting in the operation; and

(f) such information as may be required to monitor compliance with any condition of a permit.

(2) A Form 674-N-278 shall be completed and filed with the department on a monthly basis for each permitted operation and for each exempted research and development operation.

(3) Every permittee shall complete and file a Form 675-N-278 with the department at the end of the period for which the permit was issued.

(4) A permittee shall forward a copy of all forms prepared in compliance with federal weather modification rules and regulations to the department at the time such forms are submitted to the federal government.

(5) All records and reports in the custody of the department shall be open for public examination in accordance with Title 2, chapter 6, MCA.