Chapter ATCP 54

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.

ATCP 54.04(1)(c) (c) Local time when modification activity began and ended. For intermittent operations, the start and end of the total sequence of operations may be used.

ATCP 54.04(1)(d) (d) Length of time, in hours and minutes, each unit of weather modification apparatus was used.

ATCP 54.04(1)(e) (e) Kind of modification agent used.

ATCP 54.04(1)(f) (f) Rate of dispersal of agent during the period of actual operation of weather modification apparatus, by hour or other appropriate time period.

ATCP 54.04(1)(g) (g) Total amount of modification agent used. If more than one agent was used, the total amount of each agent used shall be separately reported.

ATCP 54.04(1)(h) (h) Local time when any radar monitoring operation was turned on and off.

ATCP 54.04(1)(i) (i) Description of type of clouds modified and whether they are stratiform, isolated cumuliform, organized cumuliform or other types of clouds.

ATCP 54.04(1)(j) (j) Remarks indicating operational problems encountered, such as equipment failure, weather conditions not conducive to successful conduct of the operation, personnel problems, and others.

ATCP 54.04(2) (2) Summary records. Each permittee shall prepare a monthly summary listing the following totals from daily logs:

ATCP 54.04(2)(a) (a) Days during each month that the operation was conducted.

ATCP 54.04(2)(b) (b) Time of operation.

ATCP 54.04(2)(c) (c) Amount of each kind of agent used.

ATCP 54.04(2)(d) (d) Average rate of dispersal for each kind of agent used.

ATCP 54.04(2)(e) (e) Time of operation of radar.

ATCP 54.04(2)(f) (f) Days of each type of cloud treated.

ATCP 54.04(3) (3) Weather records. Each permittee shall obtain and retain copies of all daily precipitation and weather records available from national weather service stations in the target area, and such other weather information as may be readily available from other reliable sources in the target area.

ATCP 54.04(4) (4) Record of participants. Each permittee shall keep a roster of the names and addresses of all employees or other persons participating or assisting in the conduct of operations for which a permit was issued.

ATCP 54.04(5) (5) Retention and inspection of records. Records prescribed under this section shall be maintained for a period of 3 years and be readily available for inspection by the department.

ATCP 54.04 History History: Cr. Register, September, 1979, No. 285, eff. 10-1-79.

ATCP 54.05 ATCP 54.05 Reports.

ATCP 54.05(1) (1) Monthly report. Within 10 days after the end of each calendar month, the permittee shall submit a report to the department consisting of:

ATCP 54.05(1)(a) (a) A copy of the summary record prepared under s. ATCP 54.04 (2).

ATCP 54.05(1)(b) (b) A copy of the roster prepared under s. ATCP 54.04 (4), listing the names and addresses of all employees and other persons participating or assisting in the conduct of operations.

ATCP 54.05(1)(c) (c) A copy of the federal interim activity report filed for the month with the national oceanic and atmospheric administration under the federal weather modification reporting act. (15 USC 330)

ATCP 54.05(1)(d) (d) A narrative account of the manner in which operations during the month did not conform to the operational plan filed under s. ATCP 54.03.

ATCP 54.05(2) (2) Final report. Within 30 days after completion of any operation, the permittee shall file with the department a final report on the operation consisting of:

ATCP 54.05(2)(a) (a) Copies of logs prepared under s. ATCP 54.04 (1), weather records obtained under s. ATCP 54.04 (3), and totals for the entire operational period based on monthly summary records prepared under s. ATCP 54.04 (2).

ATCP 54.05(2)(b) (b) A copy of the federal final activity report filed with the national oceanic and atmospheric administration under the federal weather modification reporting act. (15 USC 330)

ATCP 54.05(2)(c) (c) A narrative account of the manner in which the operation did not conform to the operational plan filed under s. 93.35 (6) (b) 5., Stats., and s. ATCP 54.03 (2).

ATCP 54.05(3) (3) Evaluation report. Within 120 days after completion of the operation the permittee shall file with the department a narrative evaluation of the operation. The data for this report shall be assembled and evaluated on basis of the evaluation plan prepared under s. ATCP 54.03 (3) (d).

ATCP 54.05(4) (4) Sponsor’s report. Permittees shall file with the department a copy of all reports made by the permittee to sponsors of the operation within 10 days after such report was submitted to the sponsor.

ATCP 54.05 History History: Cr. Register, September, 1979, No. 285, eff. 10-1-79.

ATCP 54.06 ATCP 54.06 Statutory authority; exemptions.

ATCP 54.06(1) (1) These rules are adopted under authority of s. 93.35, Stats.

ATCP 54.06(2) (2) In addition to activities exempted under s. 93.35 (3), Stats., weather modification operations conducted by agencies of the state and federal governments are exempt from licensing and permit requirements.

ATCP 54.06(3) (3) Persons intending to conduct exempted operations shall file with the department a notice of intent to engage in such operations at least 25 days prior to the date weather modification activities are to begin. Notices shall include a statement indicating the name and address of the person intending to engage in an exempted operation, the nature and objective of the activity, and the area in which the operation is to be conducted.

ATCP 54.06 History History: Cr. Register, September, 1979, No. 285, eff. 10-1-79.