Under this rule, a county must contribute at least $3,000 to each county project for which a “clean sweep" grant is awarded. The Department may require counties to contribute a larger amount specified in the Department's announcement soliciting grant applications. Counties that jointly sponsor a “clean sweep" project may prorate the required contribution among them. A county's contribution for a “permanent collection event" may include county staff, building rent, facilities and equipment provided for waste chemical collection and handling at that event.
Temporary and Permanent Collection Events
This rule clarifies that the Department may fund “temporary collection events" (not more than 7 days at a temporary collection site) or “permanent collection events" (more than 7 days at a permanent hazardous waste collection facility).
Grant Purposes
This rule reiterates that agricultural “clean sweep" projects are intended to collect waste agricultural chemicals from farmers. However, this rule authorizes the department to fund the collection of waste agricultural pesticides from “very small quantity generators" (VSQG's) who are not farmers. This might include, for example, hardware stores, farm supply stores, cooperatives, municipalities and commercial pesticide applicators who accumulate no more than 220 pounds of waste pesticides per month.
Use of Grant Funds
Under this rule, as under the current rules, a “clean sweep" grant may be used to reimburse a county's direct costs to collect and dispose of waste agricultural chemicals and containers, including the cost to hire a licensed hazardous waste contractor. This rule clarifies that grant funds may also be used to reimburse a county's direct costs for any of the following:
• Equipment rentals, supplies and services used to operate the collection site and handle collected chemicals.
• County staff to receive and pack waste chemicals at a permanent collection event.
• Local educational and promotional activities related to the “clean sweep" project.
This rule clarifies that an agricultural “clean sweep" grant may not fund the disposal of any of the following:
• Oil that is not contaminated with chemicals.
• Batteries.
• Contaminated soil or debris.
• Fluorescent tubes.
• Triple-rinsed plastic pesticide containers (since those containers may be recycled through the Wisconsin fertilizer and chemical association's recycling program).
• Materials that may be readily handled under other waste disposal or recycling programs.
• Chemicals from persons other than farmers (except agricultural pesticides received from VSQG's according to this rule).
• Chemicals for which there are no federally-approved or state-approved disposal methods. (This rule, like the current rule, spells out procedures which the county and its contractor must follow when they encounter these materials.)
Collecting Waste Agricultural Pesticides from Nonfarmers
Under this rule, the Department will pay no more than 50% of a county's cost to collect and dispose of waste agricultural pesticides from VSQG's who are not farmers. The Department will specify the reimbursement rate in its announcement soliciting county grant applications. The Department may authorize a higher reimbursement rate in certain special cases. A county may charge the remaining costs to participating VSQG's.
VSQG's who are not farmers must pre-register to participate in an agricultural “clean sweep" project. A county must report the amounts and kinds of waste agricultural pesticides collected from VSQG's, the county's costs to collect and dispose of those waste pesticides, and the payments received from participating VSQG's.
County May Not Charge Participating Farmers
This rule prohibits a county from charging a farmer for the first 200 pounds of agricultural chemicals collected from that farmer. A county may charge fees for amounts over 200 pounds if the Department approves the fees. Fees may depend, in part, on the amount of “clean sweep" grant funds and county funds committed to the project.
Hazardous Waste Contractors
Under current rules, a county receiving an agricultural “clean sweep" grant must contract with a licensed hazardous waste contractor to receive, pack, transport and dispose of hazardous wastes collected during the county project. Under the current rules, the Department must approve the hazardous waste contractor and assist the county in preparing the contract. Under the current rules, a copy of the contract must also be incorporated as part of the Department's grant contract with the county.
This rule modifies the current rules related to hazardous waste contractors. Under this rule, a county receiving an agricultural “clean sweep" grant must contract with a licensed hazardous waste contractor to receive, pack, transport and dispose of hazardous wastes collected during the county project. The Department's grant contract with the county must include a copy of the county's contract with the hazardous waste contractor. The contract must include a schedule of the contractor's charges to receive, transport and dispose of relevant categories of chemicals.
The contractor must attend training provided by the Department, and must comply with applicable requirements under this rule. The county must select the contractor by a specified date so the Department can train the contractor before the “clean sweep" project begins.
Under this rule, a hazardous waste contractor must be capable of all the following:
• Assisting counties and “clean sweep" participants to identify and segregate hazardous and solid wastes.
• Providing essential waste handling services including drum packing, testing for unknown chemicals, containing loose chemicals, and approving cylinders for disposal.
• Collecting, packing, and transporting poison-solids, poison-liquids and poison-flammables to waste management sites licensed by federal and state governments.
• Providing waste collection and disposal services for mercury-bearing and dioxin-bearing chemicals, acids, bases, and low-pressure gas cylinders and canisters, unless there are no federally-approved or state approved disposal options available.
• Properly handling chemicals for which no federally approved or state approved disposal options are available.
• Collecting and reporting information related to banned and target chemicals.
• Administering registration, recordkeeping and reporting requirements related to VSQG's who are not farmers.
• Meeting other requirements specified by the Department in its announcement soliciting county grant applications. (Among other things, the Department may specify grant terms and conditions that are reasonably designed to advance the Department's statewide “clean sweep" goals, and facilitate statewide administration of the “clean sweep" program.)
This rule does not require Department approval of a hazardous waste contractor. Nor does it require a county to use the state's hazardous waste contractor. However, the Department may require a county to submit proof that the hazardous waste contractor selected by the county meets applicable requirements under this rule. The Department may disapprove a hazardous waste contractor selected by a county if the Department finds that the contractor does not meet applicable requirements under this rule. The state of Wisconsin's hazardous waste contractor is an approved contractor for purposes of this rule.
Grant Applications and Awards
This rule clarifies the standards and procedures which the Department uses to invite county grant applications, establish grant conditions, evaluate grant applications, and award “clean sweep" grants to counties. Like the current rule, this rule requires the Department to enter into a grant contract with each county receiving a “clean sweep" grant, and spells out the required contents of that contract.
Reports and Payments
Like the current rule, this rule requires a county to file a final report with the Department before the Department pays any grant funds to the county. The county must file the report within 90 days after the “clean sweep" project is completed, and must include relevant information about the project. This rule authorizes the Department to make partial payments for “permanent collection events" while those events are ongoing. A county must file an interim report prior to each partial payment.
Fiscal Estimate
The proposed rule makes permanent several hazardous waste disposal services that were not legal prior to 1996. These service offerings will not result in significant cost increases. No increase in segregated fund appropriations are required.
The proposed rule will make permanent the required county cost-share match to receive ch. ATCP 34 grants. The cost-share will be set at $3,000 per annual grant application. Counties have not found the required cost-share to be a burden and have continually reapplied to the Department for ch. ATCP 34 grants over the years.
The proposed rule will extend hazardous waste collection services to a wide range of businesses and municipalities, including school districts. It is expected that an extra 50 to 100 businesses, schools, and municipalities will use Ag Clean Sweep disposal services every year. However, as the current segregated fund appropriation has been found to be adequate for business services, there is no need to increase the appropriation at this time.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The proposed rule will make it easier for a wide variety of businesses and public entities, including schools, to use the Agricultural Clean Sweep Program. The new rule extends services to any business or municipal entity that uses or holds non-household pesticides for disposal . . . provided prospective customers self-certify as a Very Small Quantity Generator (VSQG) pursuant to the Department of Natural Resources (DNR) administrative rule, ch. NR 610. This means that hardware stores, department stores, marinas, parks, cemeteries, and construction companies along with schools and local units of government can legally use Agricultural Clean Sweep. This change is expected to at least quadruple the number of businesses eligible for clean sweep disposal services.
Eligible businesses can receive convenient, lower-cost hazardous waste disposal services through Ag Clean Sweep participation. When available, on-site pickup services through private waste haulers are often very expensive. Businesses with unwanted agricultural pesticides can receive up to a 50% disposal subsidy from the Department. All other chemicals can be accepted, but businesses must pay full disposal costs.
Also affected by the proposed rule are national and regional hazardous waste contractors who operate federally- and state-approved disposal facilities. These companies could compete for contracts from counties who have been awarded Ag Clean Sweep Program grants by the Department. It is estimated that up to ten contractors could seek contracts from counties.
Operating Procedures Improved for Businesses:
The proposed rule streamlines and simplifies procedures for business participation in a host of ways. Hazardous waste contractors and county clean sweep coordinators can provide upfront pre-registration packets which contain all necessary information for an accurate estimate of disposal costs. At the same time, this early communication with hazardous waste haulers allows businesses to work with professionals who can provide direct advice on hazardous waste rules and regulations. Poor knowledge of hazardous waste risks and federal/state regulations have been two obstacles preventing businesses from making good decisions on hazardous waste management.
Federal and state hazardous waste reporting requirements have been incorporated into Ag Clean Sweep procedures. Because long term liability under the Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERLA) cannot be waived by public program participation, businesses, with the exceptions of farms, remain responsible for their wastes and appropriate records must be prepared and maintained.
Hazardous Waste Contractors:
The proposed rule allows counties who have been awarded ch. ATCP 34 grants to select their own hazardous waste contractor providing this contractor can meet Ag Clean Sweep performance standards, is selected by the annually established date, and is otherwise capable of meeting the Department's statewide hazardous waste goals. The Department of Administration's (DOA's) hazardous waste contractor selected under cooperative purchasing is available to counties not wishing to seek competitive bids.
Hazardous waste contractor performance will likely improve at permanent collection facilities as a result of the proposed rule. Counties with permanent facilities often have extensive experience with hazardous waste contracting. However, the impact of this rule on temporary or one-day collection events is more uncertain. In general, temporary event counties have limited experience with hazardous waste contracting and they may find it more difficult to meet program service and administrative requirements.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on its emergency rule (ss. ATCP 60.19(3) and (4), Wis. Adm Code) relating to drug residues in raw milk. The hearings will be held at the times and places shown below.
Written Comments
Pursuant to s. 227.24 (4), Stats., public comment is being sought on the Department's emergency rule. The public is invited to attend the hearings and make comments on the emergency rule. Following the public hearings, the hearing record will remain open until June 30, 1999, for additional written comments.
Copies of Rule and Contact Information
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608)224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by July 15, 1999 either by writing to Debbie Mazanec, 2800 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608- 224-4712), or by contacting the message relay system (TTY) at 608-266-4399 to forward your call to the Department at 608-224-5058. Handicap access is available at the hearings.
Hearing Information
Three (3) hearings are scheduled. The hearings will be held simultaneously by videoconferencing at the following locations on Friday, June 18, 1999, from 10:30 a.m. - 12:00 p.m. These hearings are being held in conjunction with hearings on a proposed permanent rule which is identical to the emergency rule.
Locations:
Wis. Dept. of Agriculture, Trade &
Consumer Protection
Room 472
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
State of Wis. Office Building
Room 618
200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wis. Office Building
Room 139
718 West Clairemont Ave.
EauClaire, WI 54701
