Current through August 26, 2024
(1) PERMIT
APPLICATION. Applications for a weather modification permit shall be submitted
on forms prescribed by the department no later than 20 business days before the
applicant plans to use the permit and be accompanied by the required fee. The
department shall grant or deny a permit application within 20 business days
after the application is filed with the department, provided that the
application is accompanied by all requisite information and documentation. In
addition to information required under s.
93.35(6) (b), Stats., the applicant shall provide the
following:
(a) A list of all jurisdictions
which have suspended, revoked, refused to renew or placed on probationary
status a weather modification permit held by the applicant or which have
subjected the applicant to any other form of disciplinary action. If there has
been any such suspension, revocation, refusal to renew, placement on
probationary status, or other disciplinary action; the applicant shall explain
the circumstances of such action.
(b) If the applicant is a corporation, proof
that it is incorporated in or has a certificate of authority to do business in
Wisconsin.
(c) Names, addresses and
weather modification license numbers of individuals under whose control and
direction the operation will be conducted on a day-to-day basis.
(d) Proof of financial responsibility as
provided under sub. (4).
(e) If the
operation will be conducted under a contract, a copy of the contract and a
statement showing the value of the contract.
(f) If the operation will not be conducted
under a contract, an estimate of the costs of the operation and information as
to how the estimate was made.
(g) A
copy of any promotional and advertising material used in connection with
negotiations for the contract with the sponsor.
(h) A completed environmental impact
questionnaire and screening form prescribed by the department.
(2) OPERATIONAL PLAN. The
application shall include a complete and detailed operational plan which,
together with the information required under s.
93.35(6) (b) 5, Stats., shall contain the following
information:
(a) The nature and objective of
the operation.
(b) The legal
descriptions of and a map showing the operations area, the target area and the
control area, if a control area is to be used.
(c) The approximate starting date of the
operation and its anticipated duration.
(d) The kind of seeding agents to be used and
the anticipated rate of use.
(e)
The kinds of weather modification apparatus which will be used and methods of
seeding for which they will be used.
(f) A description of the meteorological,
surface and other conditions under which modification of the weather will be
done by the applicant.
(g) An
emergency shutdown procedure which describes conditions under which operations
will or must be suspended because of possible danger to the public health,
safety and welfare, or to the environment.
(h) The means by which the operational plan
will be implemented and carried out, such as the location of the main
operational office and any other offices used in connection with the operation,
the location of such ground equipment as seeding generators, radar and
evaluation instrumentation, the number and kinds of aircraft which will be
used, and the extent to which weather data will be available to licensees and
other personnel carrying out the project.
(i) How conduct of the operation will
interact with other projects.
(j)
An acceptable plan for the evaluation of the operation prepared in compliance
with sub. (3) (d).
(k) Such
additional information as will assist the department in deciding whether or not
to issue the permit.
(3)
PERMIT STANDARDS AND CRITERIA. The granting of a permit shall, in addition to
other criteria established under s.
93.35(6) (d), Stats., be based on the following
standards and criteria:
(a) The operation
will be conducted under the direction and supervision on a day-to-day basis of
a person who holds a valid Wisconsin professional weather modification license
and who is present on the site during the weather modification operation or
readily available to be contacted personally or by telephone and can be called
to the site when and if needed.
(b)
The operation does not involve a substantial or high degree of risk to persons
or property, is designed to include adequate safeguards to minimize possible
damage to the public health, safety, welfare, property, or the environment; has
outlined a program for implementing safeguards, including an emergency shutdown
procedure which describes conditions under which operations will be suspended
because of possible danger to the public health, safety, welfare, property or
the environment.
(c) The operation
will not adversely affect an existing research and development project exempted
from licensing and permit requirements.
(d) The applicant has an acceptable plan for
evaluation of the operation by using available surface data from sources such
as the United States department of agriculture county crop yield reports, the
United States geological survey stream flow gauges, the national weather
service temperature and precipitation gauges and reports, and the hail loss
insurance records for the region.
(e) The operational plan is sufficiently
comprehensive to meet the basic purposes and objectives of the act.
(4) FINANCIAL RESPONSIBILITY.
Proof of financial responsibility may be established by filing with the
department:
(a) A prepaid noncancellable
insurance legal liability policy or a corporate surety bond issued by a company
approved by the department and against whom service of legal process may be
made in Wisconsin, in an amount at least 10 times the value of an operation
conducted under contract or the estimated costs of an operation not conducted
under contract; or
(b) By
depositing with the department cash or negotiable securities in an amount at
least 10 times the value of an operation conducted under contract or the
estimated costs of an operation not conducted under contract.
(5) PERMIT HEARING. Hearings
required under s.
93.35(6) (c), Stats., shall be conducted as a class I
proceeding under s.
227.44,
Stats. At least 10 days notice in writing shall be given to the permit
applicant. Prior notice of the hearing shall also be given to the public in the
area of the state reasonably expected to be affected by the operation by
newspaper, radio or television announcement. Persons who file with the
department a written request to be notified of permit hearings to be held in
their area shall be mailed a copy of the hearing notice at least 10 days prior
to the scheduled date of the hearing.
(6) NOTICE OF OPERATION. Permittees shall, 24
hours prior to the commencement of the operation, directly notify the
department of the time, when and place where the operation will be commenced.
Permittees shall within 24 hours after the completion of an operation notify
the department of the time such activity was concluded. Notice shall be given
to department officials by telephone or telegraphic communication.
