Register October 2015 No. 718
Chapter ATCP 34
CLEAN SWEEP PROGRAM
Grants to counties and municipalities.
Evaluating grant applications.
Collecting waste pesticides from very small quantity generators.
Reports and payments.
Contract termination for cause.
Ch. ATCP 34 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 Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created, Register December 2004 No. 588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.
This chapter establishes procedures for the agricultural chemical and container collection grant program under s. 93.55
, Stats., and the household hazardous waste, and unwanted prescription drug grant programs under s. 93.57
ATCP 34.01 Note
Funds for the grant programs under ss. 93.55
, Stats., are appropriated under s. 20.115 (7) (va)
, Stats. Grants are subject to appropriation limits.
In this chapter:
"Agricultural producer" means a person who produces agricultural commodities on land that the person owns or controls.
"ARM division administrator" means the administrator of the department's agricultural resource management division.
"Chemical waste" means farm chemical waste or household hazardous waste.
"Clean sweep project" means a project under s. 93.55
, Stats., to collect any of the following for disposal:
"Continuous collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on at least 4 days in a calendar year.
ATCP 34.02 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
"County" means a single county, a regional planning commission, or an association of 2 or more counties.
"Department" means the Wisconsin department of agriculture, trade and consumer protection.
"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.
"Grant recipient" means a county or municipality that receives a clean sweep grant, and includes an agent of that county or municipality.
"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.
"In-kind costs" means a payment given in goods, commodities, or services, rather than money.
"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.
"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
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
"Resource conservation and recovery act" has the meaning given in s. 291.01
"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
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.
"Total project cost" means the sum of all reimbursable direct costs, as provided under s. ATCP 34.04 (2)
, and in-kind costs.
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:
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.
An unwanted prescription drug does not include any of the following: