2 Colo. Code Regs. § 401-1-5

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 401-1-5 - Application for a Permit

A.Application for Permit. An application for a weather modification permit must be submitted at least 45 days before the beginning date of proposed weather modification operation.

B.Requirements for Operator. The qualifications, education, and experience of any prospective Operator to engage in weather modification operations must be demonstrated to the Director pursuant to section 36-20-112(1)(g), C.R.S. (2011). An application for a permit must therefore include evidence of one of the following:

(1) A minimum of four years of field experience in the management and control of weather modification operations or research; and

(2) A degree in engineering, the physical sciences, or meteorology; or

(3) Certification by the Weather Modification Association as a Certified Operator; or

(4) Other training and relevant experience that the Director accepts as indicative of sufficient competence in the field of weather modification to engage in weather modification activities.

At least one such Operator shall be available at all times and days during weather modification activities for immediate consultation by the Director.

C.Modification, Suspension or Revocation of Permit. The Director may revise the terms of a permit if the operator is first given notice and opportunity for a hearing on the need for a revision and the Director determines the revision is necessary to protect the health or property of any person or to protect the environment. The Director may suspend or revoke a permit if it appears that the operator no longer has the qualification necessary for the issuance of the permit or has violated any provision of the Act after giving the operator notice and opportunity for a hearing pursuant to sections 36-20-119 and 36-20-120, C.R.S. (2011). While the Director may only issue one active permit for activities in any geographic area if two or more projects may adversely interfere with each other, the Director may issue more than one permit for activities in any geographic area if one of the permits becomes inactive due to a project sponsor's termination of a contract with a permit holder and the cessation of weather modification operations.

D.Permit Fee. A permit application or renewal must include the appropriate application or renewal fee designated by the Director pursuant to section 36-20-113, 114, C.R.S. (2011), as set forth in a policy discussed at a Board meeting and published on the Board website. The application fee is required of all applicants; including persons employed by commercial firms, government and nonprofit agencies and should be sufficient to pay the direct costs of reviewing the permit application, holding public hearings and monitoring the Permitting Program.

E.Commercial Fee. Applicants for commercial weather modification operations must also pay a Commercial Fee. The amount of this Commercial Fee is 2% of the yearly contract between the permit holder and the operation sponsors. If the permit holder and operation sponsor are the same, then the Commercial Fee is 2% of the operation's yearly budget. The Commercial Fee shall be paid at the beginning of each operational season, or may be prorated to be paid half at the beginning of the operational season and half at the end of the season at the discretion of the Director. The Commercial Fee compensates for permitting, regulatory compliance and environmental monitoring functions performed by the Director or his or her designee. The Director may waive the Commercial Fee in extraordinary circumstances.

2 CCR 401-1-5