ATCP 34.04 Grants to counties and municipalities.
ATCP 34.06 Grant applications.
ATCP 34.08 Evaluating grant applications.
ATCP 34.12 Grant contracts.
ATCP 34.14 Collecting waste pesticides from very small quantity generators.
ATCP 34.16 Hazardous waste.
ATCP 34.18 Reports and payments.
ATCP 34.20 Contract termination for cause.
Ch. ATCP 34 Note
Note: Chapter Ag 164 was created by emergency rule effective August 14, 1990; Chapter Ag 164 was renumbered ch. ATCP 34 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448. Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created,
Register December 2004 No. 588, effective January 1, 2005.
ATCP 34.01
ATCP 34.01
Purpose. This chapter establishes procedures for the agricultural chemical and container collection grant program under s.
93.55, Stats., and the household hazardous waste grant program under s.
93.57, Stats.
ATCP 34.01 Note
Note: Funds for the grant programs under ss.
93.55 and
93.57, Stats., are appropriated under s.
20.115 (7) (va), Stats. Grants are subject to appropriation limits.
ATCP 34.01 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05.
ATCP 34.02
ATCP 34.02
Definitions. In this chapter:
ATCP 34.02(1)
(1) "Agricultural producer" means a person who produces agricultural commodities on land that the person owns or controls.
ATCP 34.02(2)
(2) "ARM division administrator" means the administrator of the department's agricultural resource management division.
ATCP 34.02(3)
(3) "Chemical waste" means farm chemical waste or household hazardous waste.
ATCP 34.02(5)
(5) "Clean sweep project" means a project under s.
93.55 or
93.57, Stats., to collect any of the following for disposal:
ATCP 34.02(6)
(6) "Continuous collection event" means a clean sweep project that collects chemical waste on at least 4 days in a calendar year.
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(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(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(16)
(16) "Resource conservation and recovery act" has the meaning given in s.
291.01, Stats.
ATCP 34.02(17)
(17) "Temporary collection event" means a clean sweep project that collects chemical waste on fewer than 4 days in a calendar year.
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.
ATCP 34.04
ATCP 34.04
Grants to counties and municipalities. 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)(b)
(b) The department may award a clean sweep grant to a municipality for a clean sweep project to collect household hazardous waste.
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.
ATCP 34.04(2)(c)
(c) Direct costs for county or municipal staff to receive and pack chemical waste at a continuous collection event.
ATCP 34.04(2)(d)
(d) Direct costs for local educational and promotional activities related to the clean sweep project.
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)(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)(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)(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(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(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 collection event, 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 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.
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(2)
(2) Announcement soliciting grant applications. The department shall issue a written 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 announcement 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 no less than $400,000 for farm chemical waste collection grants and no less than $200,000 for household hazardous waste collection grants.
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(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)(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.
ATCP 34.06 Note
Note: The department will normally issue a notice under sub. (2) in June of each year, soliciting grant applications for the next calendar year. Grant funding depends on state budget appropriations.
ATCP 34.06(3)
(3) Application contents. A county or municipality shall submit its grant application under
sub. (1) on a form provided by the department. The application shall comply with requirements contained in the department's announcement under
sub. (2) and shall describe all of the following:
ATCP 34.06(3)(a)
(a) The purpose and scope of the proposed clean sweep project, including all of the following:
