Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

As used in this chapter, unless the context requires otherwise:(1) "Department" means the department of ecology;(2) "Operation" means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing or attempti…

In the performance of its functions the department may, in addition to any other acts authorized by law:(1) Establish advisory committees to advise with and make recommendations to the department concerning legislation, policies, administration, research, and other matters;(2) Es…

The department shall exercise its powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private or public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and p…

In the case of hearings pursuant to RCW 70A.10.160 the department shall, and in other cases may, cause a record of the proceedings to be taken and filed with the department, together with its findings and conclusions. For any hearing, the director of the department or a represent…

(1) The department may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, or bequests, or any other source, a…

Except as provided in RCW 70A.10.070, no person shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing such activities.[ 2020 c 20 s 1045; 1973 c 64 s 6; 1965 c 8 s 43.37.080.…

The department, to the extent it deems practical, shall provide by regulation for exempting from license, permit, and liability requirements, (1) research and development and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit resea…

(1) Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate competence in the field of meteorology to the satisfaction of the department, reasonably necessary to engage in ac…

The department shall issue permits in accordance with such procedures and subject to such conditions as it may by regulation establish to effectuate the provisions of this chapter only:(1) If the applicant is licensed pursuant to this chapter;(2) If a sufficient notice of intenti…

A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the department and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his or h…

The notice of intention shall set forth at least all the following:(1) The name and address of the licensee;(2) The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted;(3) The area in which and the approximate time duri…

(1) The applicant shall cause the notice of intention, or that portion thereof including the items specified in RCW 70A.10.110, to be published at least once a week for three consecutive weeks in a legal newspaper having a general circulation and published within any county in wh…

Proof of financial responsibility may be furnished by an applicant by his or her showing, to the satisfaction of the department, his or her ability to respond in damages for liability which might reasonably be attached to or result from his or her weather modification and control…

The fee to be paid by each applicant for a permit shall be equivalent to one and one-half percent of the estimated cost of such operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and payable to the department as of the…

(1) Every licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equi…

(1) The department may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the li…

Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control activities of any private person or group, nor to affect in any wa…

Any person violating any of the provisions of this chapter or any lawful regulation or order issued pursuant thereto, shall be guilty of a misdemeanor; and a continuing violation is punishable as a separate offense for each day during which it occurs.[ 1965 c 8 s 43.37.200. Prior…

The legislature finds and declares that when prolonged lack of precipitation or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of the state, a program to increase precipitation is occasionally needed for the g…

The director of ecology may establish by rule under chapter 34.05 RCW a program of emergency cloud seeding. The director may include in these rules standards and guidelines for determining the situations which warrant cloud seeding and the means to be used for cloud seeding.[ 198…

Upon a proclamation of a state of emergency, related to a lack of precipitation or a shortage of water supply, by the governor under RCW 43.06.210, the department shall exempt a licensee from the requirements of RCW 70A.10.090 (2) and (6) and 70A.10.120.[ 2020 c 20 s 1049; 1981 c…

The effective date of this 1973 amendatory act shall be July 1, 1973.[ 1973 c 64 s 18. Formerly RCW 43.37.910.]