Chapter ATCP 54

Chapter ATCP 54

WEATHER MODIFICATION

ATCP 54.01   Definitions.

ATCP 54.02   Licensing procedure and criteria.

ATCP 54.03   Permit procedures and criteria.

ATCP 54.04   Records.

ATCP 54.05   Reports.

ATCP 54.06   Statutory authority; exemptions.

Ch. ATCP 54 Note Note: Chapter Ag 16 was renumbered ch. ATCP 54 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

ATCP 54.01 ATCP 54.01 Definitions.

ATCP 54.01(1) (1) “Act” means s. 93.35, Stats., the weather modification law as created by chapter 87, laws of 1977.

ATCP 54.01(2) (2) “Control area” means a preselected, untreated surface area comparable to the target area, in which no effects are expected, and which is to be used for comparison with the target area.

ATCP 54.01(3) (3) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 54.01(4) (4) “Operation” means the performance of any weather modification activity undertaken for the purpose of producing or attempting to produce any form of modifying effect upon the weather within a specified geographical area over a specified time interval, as provided under s. 93.35 (1) (b), Stats.

ATCP 54.01(5) (5) “Operations area” means the area in which an operation is conducted to produce or attempt to produce the desired effect within the target area.

ATCP 54.01(6) (6) “Target area” means the surface area within which the effects of an operation are expected to be found.

ATCP 54.01(7) (7) “Weather modification” means any activity performed with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere, as provided under s. 93.35 (1) (c), Stats.

ATCP 54.01(8) (8) “Weather modification apparatus” means any device used to dispense any chemical material with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere.

ATCP 54.01 History History: Cr. Register, September, 1979, No. 285, eff. 10-1-79.

ATCP 54.02 ATCP 54.02 Licensing procedure and criteria.

ATCP 54.02(1) (1) License application. Applications for professional weather modification licenses shall be submitted on forms prescribed by the department, accompanied by the required fee, no later than 20 business days before the applicant plans to use the license. The department shall grant or deny a license 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 other information required by the department, applicants shall provide the following information concerning the applicant’s educational background, professional reputation and knowledge of experience in weather modification:

ATCP 54.02(1)(a) (a) Educational background at the undergraduate and graduate level, including dates of attendance and graduation, major and minor subjects, number of semester hours of meteorological course work, degrees received, and titles of any theses or dissertations.

ATCP 54.02(1)(b) (b) Experience in weather modification or related activities and particularly experiences under meteorological conditions typical of Wisconsin. Applicants shall list dates and titles of each position held and whether they were at a sub-professional or professional level, the names and addresses of employers, a description of the work done including both the magnitude and complexity of the work and duties and degrees of responsibility for the work, and the names and addresses of supervisors under whom the work was performed.

ATCP 54.02(1)(c) (c) Membership in scientific or engineering societies including the grade of membership and certification held in each society.

ATCP 54.02(1)(d) (d) Patents held, articles or papers published, and reports prepared relevant to weather, meteorology, and weather modification.

ATCP 54.02(1)(e) (e) A list of all jurisdictions in which the applicant has previously filed an application for a professional weather modification license and whether or not the license was issued.

ATCP 54.02(1)(f) (f) A list of all lawsuits relating to weather modification in which the applicant was involved as a party or as an employee of a party in the lawsuit.

ATCP 54.02(1)(g) (g) A list of all jurisdictions which have suspended, revoked, refused to renew, or placed on probationary status a professional weather modification license held by the applicant or in which the applicant was subjected 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 the action.

ATCP 54.02(1)(h) (h) Three references who will attest to the applicant’s professional reputation, knowledge of weather modification principles and experience in the application of these principles.

ATCP 54.02(2) (2) Licensing standards and criteria. A professional weather modification license may be issued only to persons submitting a complete application and who have demonstrated to the satisfaction of the department their competence to engage in weather modification operations. Competence shall be determined on basis of:

ATCP 54.02(2)(a) (a) Educational and experience criteria established under sub. (3);

ATCP 54.02(2)(b) (b) Information provided in the application, including responses from references; and

ATCP 54.02(2)(c) (c) Relevant data about the applicant that the department possesses or discovers, or obtains from the applicant by personal interview.

ATCP 54.02(3) (3) Experience and educational criteria.

ATCP 54.02(3)(a) (a) Persons applying for a professional weather modification license shall, as a condition of licensing, have a minimum of 2 years experience at the professional level in directing weather modification field operations or field research, and in addition thereto one of the following 4 educational and experience criteria:

ATCP 54.02(3)(a)1. 1. Six years experience in weather modification field operations or field research; or

ATCP 54.02(3)(a)2. 2. A degree in meteorology; or

ATCP 54.02(3)(a)3. 3. A degree in engineering, mathematics, or the physical sciences, plus 2 years experience in weather modification field operations or field research; or

ATCP 54.02(3)(a)4. 4. A degree in engineering, mathematics or the physical sciences which includes or is in addition to at least 20 semester hours of meteorological course work.

ATCP 54.02(3)(b) (b) In determining if an applicant has satisfied the educational and experience criteria under par. (a), the department may take into consideration certification of the applicant by a recognized national or international professional and scientific association concerned with weather modification and meteorology whose certification standards equal or exceed educational and experience criteria specified under par. (a).

ATCP 54.02(4) (4) Renewals. Licensees may renew an existing license by completing and filing a renewal application with the department and paying the required renewal fee. Licenses shall be renewed on basis of the standards and criteria necessary for issuance of original licenses.

ATCP 54.02 History History: Cr. Register, September, 1979, No. 285, eff. 10-1-79; am. (1) (intro.), Register, December, 1985, No. 360, eff. 1-1-86.

ATCP 54.03 ATCP 54.03 Permit procedures and criteria.

ATCP 54.03(1) (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:

ATCP 54.03(1)(a) (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.

ATCP 54.03(1)(b) (b) If the applicant is a corporation, proof that it is incorporated in or has a certificate of authority to do business in Wisconsin.

ATCP 54.03(1)(c) (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.

ATCP 54.03(1)(d) (d) Proof of financial responsibility as provided under sub. (4).

ATCP 54.03(1)(e) (e) If the operation will be conducted under a contract, a copy of the contract and a statement showing the value of the contract.

ATCP 54.03(1)(f) (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.

ATCP 54.03(1)(g) (g) A copy of any promotional and advertising material used in connection with negotiations for the contract with the sponsor.

ATCP 54.03(1)(h) (h) A completed environmental impact questionnaire and screening form prescribed by the department.

ATCP 54.03(2) (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:

ATCP 54.03(2)(a) (a) The nature and objective of the operation.

ATCP 54.03(2)(b) (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.

ATCP 54.03(2)(c) (c) The approximate starting date of the operation and its anticipated duration.

ATCP 54.03(2)(d) (d) The kind of seeding agents to be used and the anticipated rate of use.

ATCP 54.03(2)(e) (e) The kinds of weather modification apparatus which will be used and methods of seeding for which they will be used.

ATCP 54.03(2)(f) (f) A description of the meteorological, surface and other conditions under which modification of the weather will be done by the applicant.

ATCP 54.03(2)(g) (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.

ATCP 54.03(2)(h) (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.

ATCP 54.03(2)(i) (i) How conduct of the operation will interact with other projects.

ATCP 54.03(2)(j) (j) An acceptable plan for the evaluation of the operation prepared in compliance with sub. (3) (d).

ATCP 54.03(2)(k) (k) Such additional information as will assist the department in deciding whether or not to issue the permit.

ATCP 54.03(3) (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:

ATCP 54.03(3)(a) (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.

ATCP 54.03(3)(b) (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.

ATCP 54.03(3)(c) (c) The operation will not adversely affect an existing research and development project exempted from licensing and permit requirements.

ATCP 54.03(3)(d) (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.

ATCP 54.03(3)(e) (e) The operational plan is sufficiently comprehensive to meet the basic purposes and objectives of the act.

ATCP 54.03(4) (4) Financial responsibility. Proof of financial responsibility may be established by filing with the department:

ATCP 54.03(4)(a) (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

ATCP 54.03(4)(b) (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.

ATCP 54.03(5) (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.

ATCP 54.03(6) (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.

ATCP 54.03 History 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.

ATCP 54.04 ATCP 54.04 Records.

ATCP 54.04(1) (1) Daily log. Each permittee shall complete and retain a daily log of weather modification activities for each unit of weather modification apparatus used during an operation. The log shall be kept on forms prescribed by the department and in addition to information required under s. 93.35 (12) (b), Stats., shall contain the following information:

ATCP 54.04(1)(a) (a) Date of weather modification activity in which the apparatus was used.

ATCP 54.04(1)(b) (b) Location of each item of weather modification apparatus used in the course of an operation and the flight track of each aircraft used in a modification mission. Maps may be used to show the location of the apparatus and the flight tracks.