61-04.1-16. Permit required - Issuance of permit - Fee

61-04.1-16. Permit required - Issuance of permit - Fee 1. A weather modification permit is required for each geographical area, as set out in the operational plan required by subdivision b, in which a person intends to conduct weather modification operations. Each permit issued by the department of water resources expires on December thirty-first of the year of issuance. A person applying for a weather modification operational permit shall file an application with the department, in such form as the department prescribes, which application must be accompanied by an application fee of twenty-five dollars and contain such information as the department, by rule, may require, and in addition, each applicant for a permit shall: a. Furnish proof of financial responsibility as provided by section 61-04.1-19. b. Set forth a complete operational plan for the proposed operation which must include a specific statement of its nature and object, a map of the proposed operating area which specifies the primary target area for the proposed operation and shows the area that is reasonably expected to be affected by such operation, a statement of the approximate time during which the operation is to be conducted, a list of the materials and methods to be used in conducting the operation, and such other detailed information as may be needed to describe the operation. 2. The department may issue the permit if it determines that: a. The applicant holds a valid weather modification license issued under this chapter. b. The applicant has furnished satisfactory proof of financial responsibility in accordance with section 61-04.1-19. c. The applicant has paid the required application fee. d. The operation: (1) Is reasonably conceived to improve water quantity or quality, reduce loss from weather hazards, provide economic benefits for the people of this state, advance scientific knowledge, or otherwise carry out the purposes of this chapter. (2) Is designed to include adequate safeguards to minimize or avoid possible damage to the public health, safety, welfare, or the environment. (3) Will not adversely affect another operation for which a permit has been issued. e. The applicant has North Dakota workforce safety and insurance coverage for all employees working in this state. f. The applicant has furnished a performance bond as required by section 61-04.1-34. g. The applicant has complied with such other requirements for the issuance of permits as may be required by the rules of the department. h. The applicant has furnished a bid bond. i. The applicant has registered, with the North Dakota aeronautics commission, any aircraft intended to be used in connection with the operation. To carry out the objectives and purposes of this chapter, the department may condition and limit permits as to primary target areas, time of the operation, materials, equipment, and methods to be used in conducting the operation, emergency shutdown procedure, emergency assistance, and such other operational requirements as may be established by the department. 3. The department may issue only one permit at a time for operations in any geographical area if two or more operations conducted in such an area according to permit limitations might adversely interfere with one another. 4. All permit fees collected by the department must be paid into the general fund of the state treasury.