Register June 2015 No. 714
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 Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created, Register December 2004 No. 588, effective January 1, 2005.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, and unwanted prescription drug grant programs 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; CR 14-007: am. Register June 2015 No. 714, eff. 7-1-15.
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(5)(c) (c) Unwanted prescription drugs.
ATCP 34.02(6) (6) "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 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. 453.02 (11), Stats.
ATCP 34.02(17r)(a)4. 4. A veterinary over-the-counter drug as defined in s. 453.02 (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).
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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.