Science, and transportation united states senate

of any or all atmospheric cloud forms or precipitation forms which occur in the

troposphere.

WAC 178-495-030 Requirement for Licenses and Permits. — No person shall

engage in weather modification activities except under and in accordance with

a license and a permit issued by the department, unless specifically exempt from

this requirement in WAC 173-495-050.

WAC 173-495-040 Exempt Activities — Requirements of Those Exempted. — The

following weather modification and control activity shall be exempt from the

license requirement of RCW 43.37.100. the permit requirements of RCW 43.37.100,

and the liability requirements of RCW 43.37.190 :

(1) All research and experiments related to weather modification control con-

ducted within laboratories.

(2) Those weather modification operations designed to alleviate sudden, un-

ezpected, hazardous conditions which require expeditious localized action for:

(a) protection against fire

(b) prevention of frost

(c) dispersal of fog

(3) Field research and development by institutions of higher learning.

(4) Any person proposing to conduct weather modification and control activi-

ties as described in subsection (2) above shall make every reasonable effort

prior thereto to notify the Department of Ecology, headquarters offices in

Olympia, Washington, of the type of activity to be carried out. the person carry-

ing out the activity and the materials and technique of application to be used.

(5) Any person proposing to conduct weather modification and control activi-

ties as described in subsection (3) above shall provide a written description of

the proposed program, notice of actual operations ten (10) days prior to com

mencement. and quarterly reports of operations and status to the headquarters

office Department of Ecology, Olympia, Washington.

WAC 11.', -.',.9.7 0>,~> Qualifications for License — Regular. — All applicants for a

weather modification license shall be certified professional members of the Amer-

ican Meteorological Society or possess the academic achievements and profes-

sional experience necessary to receive such certification. In cases where the

applicant is an organization, the individual or individuals who will be in control

715

to meet the above standard.

WAC 173-459-050 Qualifications for License — Restricted License. — (1) A re-

stricted license may be issued to an applicant for such license when :

(a) the applicant's proposed weather modification activities are limited

solely to those designed to disperse fog over airports ; and

(b) the applicant will be fully advised of the pertinent weather informa-

tion by the meteorologist on duty during the carrying out of the airport fog

dispersal.

(2) Applicants for restricted licenses are not required to meet the qualifica-

tions otherwise imposed by WAC 173-495-040.

WAC 173-495-060 Procedures for Issuing License. —

(1) Any person or organization desiring to obtain a license or restricted li-

cense shall make an application to the Department of Ecology on the form

prescribed, listing name, business address, etc.

(2) The department may require additional information of the applicant to

determine competency in the field of meteorology. Such additional information

shall be requested of the applicant by certified mail, and shall be submitted in

writing.

(3) Prior to the issuance of any license, the applicant shall pay a fee of $100

to the State of Washington.

(4) The application shall be deemed received by the Department of Ecology

when received at the headquarters offices, Department of Ecology, Olympia,

Washington 985504.

WAC 173-495-065 Period of License.—

(1) Licenses issued pursuant to chapter 43.37 RCW and these regulations

shall be effective for a period of one (1) year, to terminate at the end of the

calendar year of issuance.

(2) No later than thirty (30) days prior to the end of the calendar year, the

licensee may request a renewal of the license. The department shall review said

license upon the payment of a renewal fee of $100 to the State of Washington.

(3) In the determination of whether or not to grant such renewal request,

the department shall consider, and the applicant shall provide, information as

to whether the facts and circumstances relied on in the issuance of the original

permit have changed or altered. If the department determines that the licensee

no longer meets the requirements of competency in the field of meteorology, the

department may refuse to renew said license.

WAC 173-495-070 Permits Requirements.—

(1) Each weather modification operation not specifically exempted by statute

or these regulations shall require a permit. A separate permit shall be issued for

each operation.

(2) A license holder desiring to conduct a weather modification operation shall

submit, an application for a permit to the Department of Ecology.

(3) The permit applicant must hold a valid weather modification license from

the State of Washington.

(4) The applicant shall publish notice of intention at least once a week for

three (3) consecutive weeks in a legal newspaper having general circulation

and published within any county in which the operation is to be conducted and

in which the affected area is located, or, if the operation is to be conducted in

more than one county or if the affected area is located in more than one county

or is located in a county other than the one in which the operation is to be

conducted, then in a legal newspaper having a general circulation and published

within each of such counties. In case there is no legal newspaper published

within the appropriate county, publication shall be made in a legal newspaper

having a general circulation within the county.

(5) Proof of publication of the notice of intention, made in the manner pro-

vided herein, shall be filed by the licensee with the department within fifteen

(15) days from the date of last publication of the notice.

(6) The notice of intention shall contain at least the following:

(a) the name and address of the licensee ;

(b) the nature and object of the intended operation and the person or

organization on whose behalf it. is to be conducted ;

(c) the area in which and the appropriate time during which the opera-

tion will be conducted ;

(d) the area which is intended to be affected by the operation;

(e) the materials and methods to be used in conducting the operation.

(7) The applicant shall furnish proof of financial responsibility, as described

in WAC 173-495-120 of this chapter.

716

(8) The applicant shall pay a permit fee of one and one-half percent (iy 2 %)

department from evidence available to it.

(9) Prior to issuance of a permit the department shall make a determination

in writing that the weather modification and control activities proposed to be

conducted under authority of the permit have been determined to be for the

general welfare and public good.

(10) The department shall hold an open public hearing at its headquarters

office in Olympia prior to any such permit issuance.

WAC 173-495-080 Permittee's Report of Operations — Requirement. — The

permittee shall be required to maintain reports on all operations on a daily basis,

and submit twice a month (1st day and 15th day) to the Department of Ecology.

The semi-monthly reports shall include the following information :

(1) Number of days under contract.

(2) Number of days of operation and number of hours of each day, for all

stations operated.

(3 ) The consumption rate and name of seeding agent used.

(4) A brief summary statement evaluating the past fifteen (15) -day period

in regard to the seeding potential and experience.

(5) Location of operations.

(6) Name and mailing address of each individual, other than the licensee, par-

ticipating or assisting in the operation.

(7) A brief statement of projected plans for the coming fifteen (15) -day

period.

(8) In the event operations are unexpectedly terminated, a special report

covering that fraction of the half-month period of operation is required. All re-

ports must be post-marked not later than one (1) day after due date.

(9) All such records are public records which shall be open to public inspec-

tion.

(1) All permits authorized by RCW 43.37.110 shall contain the following pro-

visions : "The department may, if it appears that continuing operation under

this permit will cause immediate injury to persons or property, terminate or

otherwise modify the terms of this permit in order to alleviate an emergency

situation by giving notice to the permittee by telegram or other writing."

(2) All permits authorized by RCW 43.37.110 may be revoked, suspended, or

modified when the department has reason to believe that good cause exists and

that the revocation, suspension, or modification is required for the general wel-

fare and public good. Any such revocation, suspension, or modification shall not

be undertaken prior to written notice by certified mail to the permittee. Oppor-

tunity for comment by the permittee shall be allowed. Any final departmental

decision shall be in writing.

(3) In the event the applicant desires to appeal any permit revocation, modi-

fication, or suspension action by the department such appeal must be filed with

the Pollution Control Hearings Board in Olympia within thirty (30) days of

the department's action. An appeal does not constitute a stay.

WAC 173-495-120 Proof of Financial Responsibility. — A permit applicant

shall furnish proof of financial responsibility to the Department of Ecology by

one of the following :

(1) Copy of insurance policy or binder for the operator.

(2) A current balance sheet showing sufficient assets to demonstrate financial

responsibility.

(3) Bond for safe performance.

(4) Such other information as the applicant may provide the department, in

writing, if one of the alternate methods (l)-(3). above, is not feasible or avail-

able, provided the applicant explains the infeasibility or unavailability.

The following sections of WAC 508-20 are repealed :

508-20-020 Board will notify Washington State University and the county

agent when permit is issued.

508-20-030 Permittee's report of operations.

50.8-20-040 Board may modify or terminate permits.

508-20-050 Exempt activities.

508-20-060 Exempt activities— Olympic Mountains research project.

508-20-070 Qualifications of licensees— Restricted license, fog dispersal at

airports.

50^-20-080 Use of dry ice for fog dispersal over public airports.

Appendix N

Documents of the Weather Modification Association

Constitution and By-Laws of the Weather Modification Association 1

Article I. Name : The name of the organization shall be the Weather Modifi-

cation Association.

Article II. Purpose : The Association shall function as a non-profit organiza-

tion. Its intended purposes include, but are not necessarily limited to, the follow-

ing:

(a) Promotion. — Promoting research, development, and understanding weather

(b) Standards of Conduct. — Encouraging and promoting the highest standards

of conduct including certification of individual members qualified to execute field

experiments or operations in weather modification.

(c) Information Center. — Serving as a clearinghouse and dissemination agent

for weather modification oriented literature and information.

(d) Policy Statements. — Assuming an active role and maintaining a strong

voice in the production and dissemination of policy statements concerning all

aspects of weather modification practice.

Article III. Membership: There shall be four (4) classes of membership in the

Association. Each class shall be afforded the privileges of membership as indi-

cated.

Association, upon payment of the prescribed annual dues (Ref Article IV), shall

be afforded the privileges of membership. Members shall receive all publications

of the Association, and shall have the right to vote in the business of the Asso-

ciation and to hold any office in the Association.

(b) Student Member. — Any person, engaged in a full-time program of study

leading to a degree in the atmospheric sciences, engineering or other subjects

related to the science of weather modification, and who subscribes to the state-

ment of purpose of the Association, upon payment of the prescribed annual dues

(Ref Article IV), shall be afforded the privileges of student membership. Student

members shall receive all publications of the Association but may not vote in the

business of, nor hold office in, the Association.

(c) Corporation Member. — Any organization with active programs in weather

modification, or with interests directly related to weather modification activities,

which subscribes to the statement of purposes of the association, upon payment

of the prescribed annual dues (Ref Article IV), shall be afforded the privileges

of corporate membership. Corporations members shall receive all publications

of the Association and may designate one (1) individual to act for the corpora-

tion in the affairs of the Association. The designated individual shall have the

same rights and privileges afforded members of the Association.

(d) Honorary Member. — Members, or former members, of the Association who

have made outstanding contributions to any aspect of weather modification may,

subject to the unanimous consent of the Executive Committee of the Association,

be nominated in the Association. Election shall be by simple majority vote of the

members present at any regular or special meeting. Honorary membership shall

be non-expiring for the life of the member. Members so elected shall be excused

from the payment of dues. They shall receive all publications of the Association

and enjoy the same privileges as members of the Association.

Article IV. Dues : All dues for the Association shall be paid on a calendar year

basis. Annual dues for the various categories of membership shall be set by vote

of the members present at the annual meeting, on the recommendation of the

Executive Committee (Ref Article VI).

1 From the Journal of Weather Modification, v. 9, No. 1, April 1977, p. 198-201.

(717)

718

being qualified to execute field experiments or operations in weather modifica-

tion shall be based upon experience, knowledge, and character. Certification shall

be granted by the unanimous vote of a Certification Board which shall be com-

posed of three (3) Certified Members who shall be appointed by the President.

The members of the Certification Board shall each serve three (3) years on

staggered terms. Changes in procedure for certification of members shall be

made only after an affirmative majority vote of the Certified Members present

at any annual meeting.

Article VI. Administration : The administration of the Association shall be

vested in an Executive Committee which shall include the elected officers and

trustees of the Association as follows :

(a) President. — The President shall be responsible for the administration of

the Association. He shall appoint such committees as he deems necessary for the

successful accomplishment of the Association's aims. The President shall preside

at all meetings and shall be a member ex-officio of all committees.

(b) President-elect. — The President-elect shall succeed the President in office.

The President-elect shall preside over the administrative functions of the Asso-

ciation in the absence, or by direction, of the President.

(c) Secretary. — The Secretary shall be responsible for the minutes of each

meeting and shall notify the membership of impending meetings (Ref Article

VIII). In the absence of both the President and the President-elect, the Secretary

shall preside over the administrative functions of the Association.

(d) Treasurer. — The Treasurer shall conduct the financial affairs of the Asso-

ciation and keep accurate records thereof. The functions of Secretary and Treas-

urer may be combined in one person at the pleasure of the Executive Committee.

(e) Trustees. — Three (3) Trustees, to serve staggered three-year terms shall

be elected from members representing private groups, university groups, and

government groups respectively. It shall be the duty of the Trustees to represent

the interests of their respective groups as members of the Executive Committee

and to assist the President and other elected officers, as may be required, in the

administration of the Association.

The Executive Committee may employ such other persons as may be necessary

for the conduct of Association business.

Article VII. Elections: Elections shall be held at the annual meeting (Ref

Article VIII). Officers to be elected will include a President-elect, Secretary,

Treasurer (Ref Article VId), and one (1) Trustee.

Nominations for elective offices shall be made by a nominating committee ap-

pointed by the President. Nominations will also be accepted from the floor, as

called for, prior to balloting.

New officers and trustees shall assume their duties at the conclusion of the

annual meeting, and shall serve until their successors assume office.

Article VIII. Meetings : Meetings shall be held at least once a calendar year.

The first meeting of each calendar year shall be the annual meeting unless other-

wise designated by the Executive Committee. Advance notice of all meetings

shall be mailed by the Secretary (Ref Article Vic) to all members at least

thirty (30) days prior to the date of the meeting.

The presiding officer and ten (10) percent of the voting members shall con-

stitute a quorum. The location and date of all meetings shall be determined by a

majority vote of the Executive Committee.

Article IX. Amendments : This Constitution and By-laws may be amended at

any meeting by a majority vote representing a combination of all members present

plus any absentee ballots received up to the day of the balloting on the floor,

providing that the total votes cast constitute a quorum as defined in Article VIII.

All amendments must be submitted to the membership at least thirty (30) days

prior to the meeting at which they are to be considered.

Qualifications and Procedures for Certification by the Weather

Modification Association 2

purpose of certification

One of the purposes of the Weather Modification Association is to certify indi-

vidual members qualified to direct field experiments or operations in weather

modification. This certification is considered desirable to accomplish other pur-

2 From the "Journal of Weather Modification," v. 9, No. 1, April 1977, p. 202-204.

719

ments, encouraging and promoting the highest standards for professional conduct,

and assisting in arranging liability insurance upon application from members

performing field operations or experiments.

This document gives the qualifications and procedures for such certification

by the Weather Modification Association.

QUALIFICATION FOR CERTIFICATION

Certification of individuals to direct weather modification field experiments or

operations shall be based on character, knowledge, and experience. Certification

shall be made at the discretion of the Board, but the following shall be considered

minimum requirements :

General : A minimum of two years' field experience at the professional level in

directing weather modification operations or research shall be required of all

applicants, in addition to the experience and educational requirements specified

below :

Category A. — Eight (8) years' experience in weather modification field

operations or research.

Category B. — A degree in engineering, mathematics, or the physical sciences

plus two years' experience in weather modification field operations or research.

Category C. — A degree in meteorology, or a degree in engineering, mathematics,

or the physical sciences which includes or is in addition to at least 25 semester

hours of meteorological course work.

Weather modification field operations experience is defined to be that which

is involved in the organization, development, and actual conduct of field proj-

ects designed to effect a change in the weather. Actual manipulation to produce

a desired change is implied. In all cases, actual field experience is required to

insure the qualifications of the person certified. Operations may be either com-

mercial or research, but field operations of either type are required. "Professional

level" indicates a level of responsibility for direct supervision and conduct of

the field operations or substantial parts thereof.

COMPOSITION AND TERMS OF OFFICE OF CERTIFICATION BOARD

The initial Certification Board and the procedure by which the initial certifica-

tion procedures are to be adopted are given in motions passed by the Weather

Modification Association at their March 1967 meeting. The motions read as

follows :

Motion Xo. 1. — That the initial certification committee as specified in Article V

of the Constitution and Bylaws of the Weather Modification Association be com-

posed of three (3) Executive Officers of the W.C.R.A.

Motion Xo. 2. — That the initial certification committee establish the qualifica-

tions and procedures to be followed for certification, and present same by mail

for approval to all past officers of W.C.R.A. who are current members of the