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Register March 2012 No. 675
Chapter ATCP 34
CLEAN SWEEP PROGRAM
ATCP 34.01 Purpose.
ATCP 34.02 Definitions.
ATCP 34.04 Grants to counties and municipalities.
ATCP 34.06 Grant applications.
ATCP 34.08 Evaluating grant applications.
ATCP 34.10 Grant awards.
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 Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created, Register December 2004 No. 588, effective January 1, 2005.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(4) (4) "Clean sweep grant" means a grant under s. 93.55 or 93.57, Stats.
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(5)(a) (a) Farm chemical waste from a source identified under s. ATCP 34.04 (4).
ATCP 34.02(5)(b) (b) Household hazardous waste.
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(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(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(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 event" means a clean sweep project that collects chemical waste on fewer than 4 days in a calendar year.
ATCP 34.02(18) (18) "Very small quantity generator" has the meaning given in s. NR 662.220.
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)(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)(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)(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.
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