Wisconsin Legislature: ATCP 34.02(5)(b)

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.

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 Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created, Register December 2004 No. 588, effective January 1, 2005.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 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.

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.

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 Definitions. In this chapter:

(1) “Agricultural producer” means a person who produces agricultural commodities on land that the person owns or controls.

(2) “ARM division administrator” means the administrator of the department’s agricultural resource management division.

(3) “Chemical waste” means farm chemical waste or household hazardous waste.

(4) “Clean sweep grant” means a grant under s. 93.55 or 93.57, Stats.

(5) “Clean sweep project” means a project under s. 93.55 or 93.57, Stats., to collect any of the following for disposal:

(a) Farm chemical waste from a source identified under s. ATCP 34.04 (4).

(b) Household hazardous waste.

(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.

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.

(7) “County” means a single county, a regional planning commission, or an association of 2 or more counties.

(8) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

(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.

(10) “Grant recipient” means a county or municipality that receives a clean sweep grant, and includes an agent of that county or municipality.

(11) “Hazardous waste” has the meaning given in s. 291.01 (7), Stats.

(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.

(13) “Household hazardous waste” means a household waste as defined in s. NR 661.0004 (2) (a) that would be a hazardous waste under ch. NR 661, except that it is exempt under s. NR 661.0004.

(13m) “In-kind costs” means a payment given in goods, commodities, or services, rather than money.

(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.

(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.

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.

(15) “Pesticide” has the meaning given in s. 94.67 (25), Stats.

(16) “Resource conservation and recovery act” has the meaning given in s. 291.01, Stats.

(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.

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.

(17g) “Total project cost” means the sum of all reimbursable direct costs, as provided under s. ATCP 34.04 (2), and in-kind costs.

(17r)

(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:

1. A prescription drug, as defined in s. 450.01 (20), Stats.

2. A nonprescription drug product as defined in s. 450.01 (13m), Stats.

3. A veterinary prescription drug as defined in s. 89.02 (11), Stats.

4. A veterinary over-the-counter drug as defined in s. 89.02 (10), Stats.

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.

(b) An unwanted prescription drug does not include any of the following:

1. Chemotherapy drugs.

2. Trace chemotherapy waste as defined in s. NR 500.03 (237m).

3. Any item containing elemental mercury, such as a thermometer.

4. Infectious waste as defined in s. 287.07 (7) (c) 1. c., Stats.

(18) “Very small quantity generator” has the meaning given in s. NR 660.10 (139).

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; CR 14-007: cr. (5) (c), am. (6), cr. (13m), (14g), am. (17), cr. (17g), (17r), am. (18) Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 1. made under s. 35.17, Stats., Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776.

ATCP 34.04 Grants to counties and municipalities.

(1) General.

(a) The department may award a clean sweep grant to a county for a clean sweep project to collect any of the following:

1. Farm chemical waste from a source identified in sub. (4).

2. Household hazardous waste.

3. Unwanted prescription drugs.

(b) The department may award a clean sweep grant to a municipality for a clean sweep project to collect household hazardous waste or unwanted prescription drugs.

(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.

(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:

(a) Direct costs to hire a hazardous waste contractor to receive, pack, transport, and dispose of chemical waste.

(b) Direct costs for equipment rentals, supplies, and services used to operate the collection site and handle collected chemical waste or unwanted prescription drugs.

(c) Direct costs for county or municipal staff to receive and pack chemical waste at a continuous or permanent collection.

(d) Direct costs for local educational and promotional activities related to the clean sweep project.

(e) Direct costs for purchase and installation of permanent drug drop boxes for unwanted prescription drugs.

(f) Direct costs to hire a qualified waste contractor to receive, pack, transport, and dispose of unwanted prescription drugs.

(g) Direct costs for the collection and disposal of mercury containing devices including thermometers or thermostats, [that] are acceptable under [at] household hazardous waste collections.

Note: “That” was inadvertently omitted from CR 14-007. “At” should have been used in place of “under”. Corrections will be made in future rulemaking.

(3) Prohibited uses. A grant under sub. (1) may not fund the collection or disposal of any of the following:

(a) Oil, unless the oil is contaminated with chemical waste.

(b) Contaminated soil or debris, except for small quantities that the department specifically approves in advance on a case-by-case basis.

(d) Materials that are handled by other waste disposal or recycling programs.

(e) Batteries, non-mercury bulbs, florescent tubes, tires, electronics, freon appliances or antifreeze.

(f) Farm chemical waste from sources other than those identified in sub. (4).

(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:

1. Securely repackage the chemical waste and return it to the person who delivered it.