Section 54.03. Permit procedures and criteria.

 

(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.

History: Cr. Register, September, 1979, No. 285 , eff. 10-1-79; am. (1) (intro.), Register, December, 1985, No. 360 , eff. 1-1-86;correction made under s. 13.93 (2m) (b) 7., Stats, Register, April, 1993, No. 448 .