Weather Modification Penalties and Sanctions

Weather Modification (WXM)

Texas Agriculture Code, Chapter 301

16 Texas Administration Code, Chapter 79

Class A:

1^st Violation, warning letter to $1,500

2^nd Violation, $1,000 to $2,500 and/or up to 6-month probated suspension of license and/or permit

3^rd Violation, $2,000 to $4,000 per day not corrected plus 1-year probated suspension up to 1-year full suspension of license and/or permit

• Failed to keep a record of each operation under a permit - 301.117(a)
• Failed to submit a written report for each operation at the time and in the manner required by the Department - 301.117(b), 301.253(b)(5), 79.33
• Failed to submit all information on an operation to the Department before its release to the public - 301.117(c)
• Engaged in weather modification activities that do not require a license or permit without first receiving written approval from the Department - 79.12(a)
• Failed to keep the daily log required by 15 CFR § 908.8(a) - 79.31(1)
• Failed to keep the supplemental information required by 15 CFR
  § 908.8(b), (c), and (d) - 79.31(2)
• Failed to keep the required records for operations employing aircraft - 79.32

Class B:

1^st Violation, $500 to $3,000 and/or up to 6-month probated suspension of license and/or permit

2^nd Violation, $2,000 to $4,000 plus 1-year probated suspension up to 1-year full suspension of license and/or permit

3^rd Violation, $3,500 to $5,000 plus 6-month full suspension up to revocation of license and/or permit

• Engaged in weather modification activities without a license and/or permit - 301.101 (1), 79.11(a)
• Violated a term or condition of a license or permit - 301.101(2), 301.116, 301.252(1)
• Failed to obtain a separate permit for each operation or project - 301.109, 79.11(b)
• Operated prior to filing an application for a permit or having a notice of intention published - 301.110
• Failed to publish notice of intention to undertake any operation - 301.112
• Failed to file proof of publication of notice of intention to undertake any operation with Department - 301.113
• Failed to confine activities substantially within the limits of time and area specified in the notice of intention - 301.116
• Having a record of environmental violations in the previous five years at the permitted site - 301.252(2), 301.253(b)(1)
• Indebted to the state for fees, payment of penalties, or taxes imposed by the law within the Department’s jurisdiction - 301.252(5), 301.253(b)(6)
• Failed to continue to possess qualifications necessary for the issuance of the license or permit - 301.252(9), 301.253(b)(7), 79.42(a)(3)
• Material change in operational personnel or other information which were the basis of the issuance of the license - 79.42(a)(4)
• Licensee had suspension or revocation of license in another state - 79.42(a)(5)
• Allowed permitee’s license to expire during the term of the permit and did not make a timely request for renewal - 79.42(b)(3)

Class C:

1^st Violation, $1,500 to $3,500 plus up to 1-year probated suspension of license and/or permit

2^nd Violation, $2,500 to $4,500 plus 1-year probated suspension up to 2-year full suspension of license and/or permit

3^rd Violation, $4,000 to $5,000 plus 1-year full suspension up to revocation of license and/or permit

• Failed to provide proof of financial responsibility - 301.114
• Operated outside of eight miles from the limits of the target area - 301.151(b)(a)
• Caused a discharge, release, or emission contravening a pollution control standard, or contravening the intent of the law - 301.252(3)
• Failed to insure that the management of a permitted facility conforms to the law - 301.252(6)
• Abandoned the permit or operations under the permit - 301.252(7)
• Demonstrated gross negligence, incompetency, or misrepresentation while acting as license holder - 301.253(b)(3)
• Failed to keep and transmit records - 301.253(b)(5)
• Permitted operation has significantly dissipated the clouds and prevented the natural course of developing rain in the area where the operation was conducted to the material detriment of the area - 79.42(b)(4)

Class D:

1^st Violation, Revocation

2^nd Violation, Revocation

3^rd Violation, Revocation

• Misrepresented or failed to disclose fully all relevant facts in obtaining a permit, or made an intentional misstatement or misrepresentation to the Department of any relevant fact at any time - 301.252(4), 301.253(b)(4), 79.42(b)(2)
• Obtaining a license by fraud or false representation - 301.253(b)(2), 79.42(a)(2), 60.23(a)(1)
• Failed to comply with previous order of Commission/Executive Director - 51.353(a)
• Failed to pay the Department for a dishonored check - 60.82