ATCP 34.12(2)(e)
(e) The grant recipient's responsibility as a hazardous waste generator, under
s. ATCP 34.16 (1), for hazardous waste collected by the clean sweep project.
ATCP 34.12(2)(f)
(f) The grant recipient's contract with the hazardous waste contractor who will receive, transport or dispose of chemicals collected during the clean sweep project. The contract shall include a schedule of the contractor's charges to receive, transport and dispose of relevant categories of chemicals.
ATCP 34.12(2)(g)
(g) The grant recipient's agreement to comply with applicable requirements under this chapter.
ATCP 34.12(3)
(3) Grants contingent upon funding. Every grant award and grant contract under this chapter is contingent upon the availability of funding. If funding is not available for all of the grants awarded, the department may do any of the following notwithstanding its contract with any grant recipient:
ATCP 34.12(3)(a)
(a) Cancel one or more grants in the reverse order in which they were awarded.
ATCP 34.12(4)
(4) Reallocation of funds. A county that receives grant funds for both a farm chemical waste collection project and a household hazardous waste collection project may reallocate up to 50% of either project's grant funding to the other project, based on unanticipated changes in demand for collection services in either project. A county may not reallocate funds from a project if the reallocation results in a shortage of funds for that project.
ATCP 34.12 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05.
ATCP 34.14
ATCP 34.14
Collecting waste pesticides from very small quantity generators. A county may collect waste pesticides and other department-approved farm chemical wastes from a very small quantity generator who is not an agricultural producer, provided that all of the following apply:
ATCP 34.14(1)
(1) The very small quantity generator pre–registers with the county or its hazardous waste contractor. The registration shall include all of the following:
ATCP 34.14(1)(b)
(b) The registrant's license status, if the registrant is required to be licensed under
ch. ATCP 29.
ATCP 34.14(1)(d)
(d) A complete inventory of the pesticides and other department-approved farm chemical wastes that the registrant proposes to deliver for collection.
ATCP 34.14(2)
(2) The county gives each registrant under
sub. (1) a receipt that shows all of the following:
ATCP 34.14(2)(a)
(a) The amounts and kinds of pesticides and other department-approved farm chemical wastes actually collected from the registrant.
ATCP 34.14(3)
(3) The county keeps a record of all the following, and includes that record in its final report under
s. ATCP 34.18 (1):
ATCP 34.14(3)(b)
(b) The types and amounts of pesticides and other department-approved farm chemical wastes actually collected from the very small quantity generator.
ATCP 34.14(3)(c)
(c) The total cost to collect and dispose of the pesticides and other department-approved farm chemical wastes collected from the very small quantity generator.
ATCP 34.14(3)(d)
(d) The total of all payments received from the very small quantity generator, if any.
ATCP 34.14 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats..,
Register March 2012 No. 675 ATCP 34.16(1)(1)
County or municipality responsible as waste generator. ATCP 34.16(1)(a)(a) Except as provided in
par. (b) or
(c), a grant recipient shall take responsibility, as a hazardous waste generator under the resource conservation and recovery act, for hazardous waste that the grant recipient collects under a funded clean sweep project. As a hazardous waste generator, the grant recipient shall comply with applicable requirements under s.
291.21, Stats., and the resource conservation and recovery act related to that hazardous waste.
ATCP 34.16(1)(b)
(b) A grant recipient is not a hazardous waste generator under
par. (a) with respect to wastes that are exempt from regulation as hazardous wastes under s.
291.21, Stats., and the resource conservation and recovery act, even if the grant recipient manages those wastes as hazardous wastes after collecting them.
ATCP 34.16(1)(c)
(c) A grant recipient is not a hazardous waste generator under
par. (a) with respect to hazardous waste collected from a very small quantity generator.
ATCP 34.16(2)
(2) Hazardous waste contractor; general. A grant recipient shall contract with a hazardous waste contractor to receive, pack, transport and dispose of hazardous wastes collected under the funded clean sweep project. The hazardous waste contractor shall attend training provided by the department, and shall comply with applicable requirements under this chapter. The grant recipient shall select a hazardous waste contractor that has attended the most recent training session provided by the department.
ATCP 34.16(3)
(3) Hazardous waste contractor for temporary collection event. For a temporary collection event, a grant recipient shall contract under
sub. (2) with the hazardous waste contractor who manages the state of Wisconsin's hazardous wastes under the cooperative state purchasing agreement.
ATCP 34.16(4)
(4) Hazardous waste contractor for continuous collection event. ATCP 34.16(4)(a)(a) For a continuous collection event, a grant recipient shall contract under
sub. (2) with a hazardous waste contractor that is qualified to do all of the following:
ATCP 34.16(4)(a)1.
1. Help the grant recipient and very small quantity generators to identify and segregate hazardous and solid wastes.
ATCP 34.16(4)(a)2.
2. Provide essential waste handling services including drum packing and pickup, testing for unknown chemicals, containing loose chemicals, and approving cylinders for disposal.
ATCP 34.16(4)(a)3.
3. Collect, pack and transport poison solids, poison liquids and flammables to waste management sites licensed by federal and state governments.
ATCP 34.16(4)(a)4.
4. Provide waste collection and disposal services for mercury–bearing and dioxin–bearing chemicals, acids, bases, lead paint and low pressure gas cylinders and canisters, unless there are no federally–approved or state–approved disposal options for the materials.
ATCP 34.16(4)(a)6.
6. Collect and report information related to chemicals that are banned or specially restricted by this state or the United States.
ATCP 34.16(4)(a)7.
7. Comply with
s. ATCP 34.14 if a clean sweep project collects pesticides from very small quantity generators who are not agricultural producers.
ATCP 34.16(4)(b)
(b) The department may require a grant recipient to submit proof that the hazardous waste contractor selected by the grant recipient complies with
par. (a), and may disapprove a contractor who does not comply with
par. (a).
ATCP 34.16 Note
Note: The contractor who manages the state of Wisconsin's hazardous wastes under the cooperative state purchasing agreement meets applicable requirements under sub. (4)(a).
ATCP 34.16 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05.
ATCP 34.18(1)
(1)
Final report. A grant recipient shall provide the department with a final report on a clean sweep project within 60 days after the grant recipient completes the project. The final report shall include all of the following:
ATCP 34.18(1)(a)
(a) The number of persons who delivered chemical waste for collection.
ATCP 34.18(1)(c)
(c) The total cost of the project. The report shall include supporting documentation, including invoices for the transportation and disposal of chemical waste.
ATCP 34.18(1)(d)
(d) An evaluation of the project, including an identification of problems and possible solutions.
ATCP 34.18(1)(e)
(e) An evaluation of the public information program conducted in connection with the project.
ATCP 34.18(1)(f)
(f) An estimate of future chemical waste collection needs. The report shall estimate future needs based, in part, on collections at the completed clean sweep project. The report shall discuss the need for future clean sweep projects, if any, and the appropriate timing of those projects. It shall also include suggestions on how to collect chemical waste in the future.
ATCP 34.18(1)(g)
(g) The information required under
s. ATCP 34.14 (3) if the clean sweep project collects pesticides from very small quantity generators.
ATCP 34.18(2)(a)(a) Except as provided in
par. (b), the department may not distribute any grant funds under this chapter until the applicant completes the clean sweep project and submits its final report to the department under
sub. (1). The department shall pay the full grant award, less any amount withheld under
s. ATCP 34.20 (1), within 60 days after the department accepts the applicant's final report under
sub. (1).
ATCP 34.18(2)(b)
(b) A grant contract for a continuous collection event may provide for partial payments during the continuous collection event. The grant recipient shall file an interim report prior to each partial payment. The interim report shall contain information required by the grant contract, including interim information of the type required in
sub. (1).
ATCP 34.18 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05.
ATCP 34.20
ATCP 34.20
Contract termination for cause. ATCP 34.20(1)
(1) The department may terminate a clean sweep grant contract, and withhold some or all contract payments, if the department finds that the grant recipient or the grant recipient's agent has done any of the following:
ATCP 34.20(1)(d)
(d) Administered the project in a grossly negligent, illegal or corrupt manner.
ATCP 34.20(2)
(2) Notice of termination. If the department terminates a grant contract or withholds contract payments under
sub. (1), the department shall give the grant recipient written notice specifying the reasons for the department's action. The ARM division administrator or designee may issue a notice under this subsection.
ATCP 34.20(3)
(3) Request for reconsideration. A grant recipient adversely affected by a department action under
sub. (1) may ask the department to reconsider that action. The grant recipient shall make the request in writing, within 30 days after the grant recipient receives the department's notice under
sub. (2). The request shall include all of the following:
ATCP 34.20(3)(a)
(a) The grant recipient's objections to the department's action, including disputed facts and conclusions.
ATCP 34.20(3)(b)
(b) The information that supports the grant recipient's objections.
ATCP 34.20(4)(a)(a) If the department receives a written request for reconsideration that complies with
sub. (2), the ARM division administrator shall schedule an informal conference with the grant recipient. The ARM division administrator or designee shall hold the informal conference within 10 business days after the department receives the request unless the grant recipient agrees to a later date.
ATCP 34.20(4)(b)
(b) Following the informal conference under
par. (a), the ARM division administrator or designee shall affirm, reverse or modify the department's action under
sub. (1). The ARM division administrator or designee shall issue the decision in writing within 30 working days after the informal conference, and shall give a copy to the grant recipient.
ATCP 34.20(5)
(5) Contested case hearing. A grant recipient may request a contested case hearing, pursuant to
ch. 227, Stats., and
ch. ATCP 1, on a decision under
sub. (4) (b). A hearing request shall include the information required under
sub. (3) (a) to
(d).
ATCP 34.20 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05.
