ATCP 34.02 Note Note: Grant recipients will be responsible for verifying that any clean sweep project in which a collection is made by a “temporary collection facility" or “permanent collection facility" as defined in s. NR 666.901 meet all applicable ch. NR 666 regulations.
ATCP 34.02(7) (7) “County" means a single county, a regional planning commission, or an association of 2 or more counties.
ATCP 34.02(8) (8) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 34.02(9) (9) “Farm chemical waste" means waste pesticides or other waste chemicals manufactured for agricultural use. “Farm chemical waste" includes farm chemical containers and contaminated farm chemicals that cannot be accepted by recycling or other disposal programs.
ATCP 34.02(10) (10) “Grant recipient" means a county or municipality that receives a clean sweep grant, and includes an agent of that county or municipality.
ATCP 34.02(11) (11) “Hazardous waste" has the meaning given in s. 291.01 (7), Stats.
ATCP 34.02(12) (12) “Hazardous waste contractor" means a person who is licensed and permitted under applicable federal and state laws to collect, pack, transport, and dispose of hazardous waste.
ATCP 34.02(13) (13) “Household hazardous waste" means a household waste as defined in s. NR 661.04 (2) (a) that would be a hazardous waste under ch. NR 661, except that it is exempt under s. NR 661.04.
ATCP 34.02(13m) (13m) “In-kind costs" means a payment given in goods, commodities, or services, rather than money.
ATCP 34.02(14) (14) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, or metropolitan sewage district. “Municipality" includes a regional planning commission or an association of 2 or more municipalities.
ATCP 34.02(14g) (14g) “Permanent collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs under this program during at least 6 months of the year and includes permanent infrastructure for waste collection.
ATCP 34.02 Note Note: A clean sweep project for which a collection is made by a “permanent collection facility" as defined in s. NR. 666.901 (5) must meet all applicable ch. NR 666 regulations.
ATCP 34.02(15) (15) “Pesticide" has the meaning given in s. 94.67 (25), Stats.
ATCP 34.02(16) (16) “Resource conservation and recovery act" has the meaning given in s. 291.01, Stats.
ATCP 34.02(17) (17) “Temporary collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on fewer than 4 days in a calendar year.
ATCP 34.02 Note Note: A clean sweep project for which a collection is made by a “temporary collection facility" as defined in s. NR 666.901 (6) must meet all applicable NR 666 regulations.
ATCP 34.02(17g) (17g) “Total project cost" means the sum of all reimbursable direct costs, as provided under s. ATCP 34.04 (2), and in-kind costs.
ATCP 34.02(17r)(a)(a) Except as provided under par. (b), “unwanted prescription drug" means any of the following if lawfully possessed by an individual for the individual's own use, for the use of a member of the individual's household, or for the use of an animal owned by the individual or a member of the individual's household, and if located in or comes from a place where the individual, a member of the individual's household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the unwanted prescription drug:
ATCP 34.02(17r)(a)1. 1. A prescription drug, as defined in s. 450.01 (20), Stats.
ATCP 34.02(17r)(a)2. 2. A nonprescription drug product as defined in s. 450.01 (13m), Stats.
ATCP 34.02(17r)(a)3. 3. A veterinary prescription drug as defined in s. 89.02 (11), Stats.
ATCP 34.02(17r)(a)4. 4. A veterinary over-the-counter drug as defined in s. 89.02 (10), Stats.
ATCP 34.02(17r)(a)5. 5. A delivery device with a needle that contains a prescription drug or veterinary prescription drug such as a pre-filled syringe or auto-injector, but not intravenous bags or tubing.
ATCP 34.02(17r)(b) (b) An unwanted prescription drug does not include any of the following:
ATCP 34.02(17r)(b)1. 1. Chemotherapy drugs.
ATCP 34.02(17r)(b)2. 2. Trace chemotherapy waste as defined in s. NR 500.03 (237m).
ATCP 34.02(17r)(b)3. 3. Any item containing elemental mercury, such as a thermometer.
ATCP 34.02(17r)(b)4. 4. Infectious waste as defined in s. 287.07 (7) (c) 1. c., Stats.
ATCP 34.02(18) (18) “Very small quantity generator" has the meaning given in s. NR 660.10 (139).
ATCP 34.02 History History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; corrections in (13) and (18) made under s. 13.93 (2m) (b) 7., Stats., Register March 2012 No. 675; CR 14-007: cr. (5) (c), am. (6), cr. (13m), (14g), am. (17), cr. (17g), (17r), am. (18) Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 1. made under s. 35.17, Stats., Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718.
ATCP 34.04 ATCP 34.04Grants to counties and municipalities.
ATCP 34.04(1)(1)General.
ATCP 34.04(1)(a)(a) The department may award a clean sweep grant to a county for a clean sweep project to collect any of the following:
ATCP 34.04(1)(a)1. 1. Farm chemical waste from a source identified in sub. (4).
ATCP 34.04(1)(a)2. 2. Household hazardous waste.
ATCP 34.04(1)(a)3. 3. Unwanted prescription drugs.
ATCP 34.04(1)(b) (b) The department may award a clean sweep grant to a municipality for a clean sweep project to collect household hazardous waste or unwanted prescription drugs.
ATCP 34.04(1)(c) (c) A grant recipient under par. (a) or (b) may, with the department's approval, contract with another person or entity to administer the clean sweep project on behalf of the grant recipient.
ATCP 34.04(2) (2)Permitted uses. A clean sweep grant under sub. (1) may reimburse a grant recipient's direct costs for a clean sweep project, including any of the following:
ATCP 34.04(2)(a) (a) Direct costs to hire a hazardous waste contractor to receive, pack, transport, and dispose of chemical waste.
ATCP 34.04(2)(b) (b) Direct costs for equipment rentals, supplies, and services used to operate the collection site and handle collected chemical waste or unwanted prescription drugs.
ATCP 34.04(2)(c) (c) Direct costs for county or municipal staff to receive and pack chemical waste at a continuous or permanent collection.
ATCP 34.04(2)(d) (d) Direct costs for local educational and promotional activities related to the clean sweep project.
ATCP 34.04(2)(e) (e) Direct costs for purchase and installation of permanent drug drop boxes for unwanted prescription drugs.
ATCP 34.04(2)(f) (f) Direct costs to hire a qualified waste contractor to receive, pack, transport, and dispose of unwanted prescription drugs.
ATCP 34.04(2)(g) (g) Direct costs for the collection and disposal of mercury containing devices including thermometers or thermostats, [that] are acceptable under [at] household hazardous waste collections.
ATCP 34.04 Note Note: “That" was inadvertently omitted from CR 14-007. “At" should have been used in place of “under". Corrections will be made in future rulemaking.
ATCP 34.04(3) (3)Prohibited uses. A grant under sub. (1) may not fund the collection or disposal of any of the following:
ATCP 34.04(3)(a) (a) Oil, unless the oil is contaminated with chemical waste.
ATCP 34.04(3)(b) (b) Contaminated soil or debris, except for small quantities that the department specifically approves in advance on a case-by-case basis.
ATCP 34.04(3)(c) (c) Triple–rinsed plastic pesticide containers.
ATCP 34.04(3)(d) (d) Materials that are handled by other waste disposal or recycling programs.
ATCP 34.04(3)(e) (e) Batteries, non-mercury bulbs, florescent tubes, tires, electronics, freon appliances or antifreeze.
ATCP 34.04(3)(f) (f) Farm chemical waste from sources other than those identified in sub. (4).
ATCP 34.04(3)(g) (g) Chemical waste for which there is no federally–approved or state–approved disposal method. If a grant recipient receives a chemical waste for which there is no approved disposal method, the grant recipient shall do all of the following:
ATCP 34.04(3)(g)1. 1. Securely repackage the chemical waste and return it to the person who delivered it.
ATCP 34.04(3)(g)2. 2. Record the person's name and address, and the type and amount of chemical waste returned to that person.
ATCP 34.04(3)(g)3. 3. Inform the person that, if an approved disposal method becomes available, the department will attempt to notify the person at the address recorded under subd. 2.
ATCP 34.04(3)(g)4. 4. Report to the department the information recorded under subd. 2.
ATCP 34.04(3)(h) (h) Infectious waste as defined by s. 287.07 (7) (c) 1. c., Stats.
ATCP 34.04(3)(i) (i) Personal care products including soap, shampoo, and toothpaste.
ATCP 34.04(3)(j) (j) Medical devices or oxygen-containing devices for which another collection, disposal, or recycling option is available.
ATCP 34.04(3)(k) (k) Hypodermic needles or lancets.
ATCP 34.04(4) (4)Farm chemical waste. A grant under sub. (1) (a) may reimburse a county's cost to collect and dispose of any of the following:
ATCP 34.04(4)(a) (a) Farm chemical waste received from an agricultural producer, or from a person who holds the farm chemical waste from farming operations conducted on property that the person now owns or controls.
ATCP 34.04(4)(b) (b) Waste pesticides and other department-approved farm chemical wastes that the county receives from a very small quantity generator who is not an agricultural producer, provided that all of the following apply:
ATCP 34.04(4)(b)1. 1. The department, in its announcement under s. ATCP 34.06 (2), specifies the percentage rate at which the department will reimburse that cost. The percentage rate may not exceed 50%, except that the ARM division administrator may approve a higher percentage rate for individual disposal problems that warrant the higher rate. The ARM division administrator shall consider the chemicals involved, the environmental setting, the exposure risks, the responsibility or culpability of the parties, and disposal options available to the parties.
ATCP 34.04(4)(b)2. 2. The clean sweep project complies with s. ATCP 34.14.
ATCP 34.04(5) (5)County or municipal contribution.
ATCP 34.04(5)(a)(a) A grant recipient under sub. (1) shall fund a portion of each clean sweep project for which the grant is awarded. The department's announcement under s. ATCP 34.06 (2) shall specify a required minimum contribution that is at least 25% of the total project cost.
ATCP 34.04(5)(b) (b) For a continuous or permanent collection, a grant recipient's contribution under par. (a) may include any of the following costs that are directly related to the collection and handling of chemical waste collected at that event:
ATCP 34.04(5)(b)1. 1. The value of staff services provided for the event.
ATCP 34.04(5)(b)2. 2. The rental value of facilities or equipment provided for the event.
ATCP 34.04 Note Note: A grant recipient is responsible for managing chemical waste in compliance with applicable law. This chapter does not expand or limit the application of state or federal hazardous waste laws administered by the Wisconsin department of natural resources. This chapter does not authorize or require a grant recipient to serve as an enforcement agency, nor does it require a grant recipient to indemnify persons that violate state or federal law. Participation in a clean sweep project does not relieve any person of the duty to comply with applicable law, or indemnify that person for any liability to which that person is subject.
ATCP 34.04(6) (6)Collecting Waste From Very small quantity generators. A grant recipient under sub. (1) may collect hazardous waste from a very small quantity generator, regardless of whether the collection cost is eligible for reimbursement under this chapter. Except as provided in sub. (4), the grant recipient may not include the collection costs in its grant-eligible expenses under sub. (2) or in its local contribution under sub. (5).
ATCP 34.04 History History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: cr. (1) (a) 3., am. (1) (b), (2) (b), (c), cr. (2) (e) to (g), (3) (h) to (k), am. (5) (b) (intro.) Register June 2015 No. 714, eff. 7-1-15.
ATCP 34.06 ATCP 34.06Grant applications.
ATCP 34.06(1) (1)County or municipality may apply. A county or municipality may apply for a clean sweep grant. A grant application shall comply with sub. (3).
ATCP 34.06 Note Note: Pursuant to s. 20.002 (10), Stats., a grant by a state agency made to any city, county, village, or town for any purpose also may be granted by that state agency to any federally recognized tribal governing body for the same purpose.
ATCP 34.06(2) (2)Announcement soliciting grant applications. The department shall issue an announcement soliciting grant applications under sub. (1) for the next calendar year if grant funding may be available for any part of that calendar year. The announcements shall specify the general terms and conditions for grant awards, including all of the following:
ATCP 34.06(2)(a) (a) The total amount available for clean sweep project grants, including separate amounts available for farm chemical waste collection projects and household hazardous waste collection projects. Subject to budget appropriations, the department shall offer a minimum of two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va), Stats., for household hazardous waste collection grants.
ATCP 34.06(2)(b) (b) The purposes for which grant funds may be used.
ATCP 34.06(2)(c) (c) The percentage rate, if any, at which the department will reimburse a county's cost to collect and dispose of farm chemical wastes received from very small quantity generators.
ATCP 34.06 Note Note: See s. ATCP 34.04 (4) (b).
ATCP 34.06(2)(d) (d) Minimum grant eligibility criteria, including the minimum county or municipal funding contribution required under s. ATCP 34.04 (5).
ATCP 34.06(2)(e) (e) Grant application deadlines and procedures.
ATCP 34.06(2)(f) (f) Grant evaluation criteria, including the criteria in s. ATCP 34.08 (2) and the weights that the department will give to those criteria.
ATCP 34.06(2)(g) (g) Other grant application terms and conditions that the department deems appropriate.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.