* At least 2 hours of training related to exotic animals, pet stores, animal collectors or other relevant animal care issues.
• At least 24 hours of legal and investigative training including:
* At least 4 hours of training related to the legal system, the role of the animal cruelty investigator, Wisconsin laws related to animals, and other applicable laws.
* At least 4 hours of training related to the rules of evidence, and the collection and preservation of evidence.
* At least 4 hours of training related to interview and interrogation techniques, stages of the investigation and courtroom testimony.
* At least 4 hours of training on search and seizure law, and on photographing, video taping or sketching the scene of the investigation.
* At least 4 hours of training related to report writing.
* At least 4 hours of training related to crisis intervention, humane officer safety and civil liability.
Initial Training Programs; Approval
The sponsor of an initial training program may apply to the Department for approval of that training program. The application must include the following information:
• A detailed outline showing the topics covered, the number of hours devoted to each topic, and the content of each topic.
• The identity and credentials of program instructors.
• The training location, including the location of any on-site farm training.
• A copy of the certificate that the sponsor will provide to persons who successfully complete the course, and the identity of each person authorized to sign certificates for the sponsor.
The Department must approve or disapprove a training program within 30 days after the Department receives a complete application from the program sponsor.
Humane Officer Appointments; Reporting
Under s. 173.27 (4), Stats., the Department must keep a current registry of all persons serving as humane officers. Under s. 173.03 (1), Stats., a county, city, village or town must report to the Department whenever that local entity appoints or terminates a humane officer. This rule requires the local entity to file the report in writing within 30 days after it appoints or terminates the humane officer. The report must include all the following.
• The identity of the local entity.
• The name and address of the humane officer.
• The humane officer's certification number if the humane officer is currently certified by the Department.
• The date of the humane officer's appointment or termination.
Fiscal Estimate
See page 25 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 25 of the May 31, 1999 Wis. Adm. Register.
Notice of the proposed rule has been delivered to the Department of Development, as required by s. 227.114 (5), Stats.
Notice of Hearings
Agriculture, Trade and Consumer Protection
▶ Reprinted from the May 31, 1999 Wis. Adm. Register.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rule amendments to ch. ATCP 34, Wis. Adm. Code, relating to the collection of unwanted agricultural chemicals and containers (Agricultural Clean Sweep).
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement which accompanies the rule. Following the public hearings, the hearing record will remain open until July 2, 1999 for additional written comments.
Hearing Information
Two hearings are scheduled:
Date and Time Location
June 23, 1999 Prairie Oak State Office Bldg.
Wednesday Wis. DATCP
afternoon session: 2811 Agriculture Dr.
1:00 - 5:00 p.m. MADISON, WI 53708
June 24, 1999 Portage County
Thursday Courthouse Annex
afternoon session: 1462 Strongs Ave.
1:00 - 5:00 p.m. STEVENS POINT, WI 54481
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by June 11, 1999 either by writing to Paula Noel, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708, (608) 224-4505 or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Copies of Rule
A copy of the rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade, and Consumer Protection, Agricultural Resource Management Division, 2811 Agricultural Drive, Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4505. Copies will also be available at public meetings.
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory Authority: S. 93.55
Statute Interpreted: S. 93.55
This rule modifies current rules related to the Department's agricultural “clean sweep" program. The agricultural “clean sweep" program is designed to collect and safely dispose of unused agricultural chemicals and containers that might otherwise pose a threat to public health and the environment. Current agricultural “clean sweep" rules are contained in ch. ATCP 34, Wis. Adm. Code.
Under the agricultural “clean sweep" program, the Department awards grants to counties that sponsor agricultural “clean sweep" events, including temporary and permanent events. Counties contract with licensed hazardous waste contractors to collect, pack, transport and dispose of collected materials.
Grant Recipients
This rule reiterates (per s. 93.55, Stats.) that the Department may award “clean sweep" grants only to counties (or to an association of counties formed to conduct a “clean sweep" project). But under this rule, a county (or association of counties) may enter into an agreement with another person or entity to administer a “clean sweep" grant on behalf of the county (or association).
County Contribution
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:
