•It consolidates the urban and agricultural “clean sweep" programs, and creates standards and procedures for the consolidated program.
•It provides target levels of funding for agricultural and urban “clean sweep" grants that are consistent with pre-consolidation funding levels, but provides greater flexibility to move unused funds between programs to maximize overall “clean sweep" benefits.
•It streamlines and clarifies “clean sweep" grant procedures, including procedures for grant applications, grant awards and contracts.
• It facilitates cost-effective cooperation between counties and municipalities.
•It updates minimum standards for urban and agricultural “clean sweep" projects.
“Clean Sweep" Grants; General
Under s.
93.55, Stats., and this rule, DATCP may award an agricultural “clean sweep" grant to a county (or group of counties). The county may use the grant to collect waste agricultural chemicals from farmers and from certain businesses that qualify as “very small quantity generators" (these businesses must pay a share of their collection costs).
Under s.
93.57, Stats., and this rule, DATCP may award an urban “clean sweep" grant to a county
or municipality (or to a group of counties or municipalities). A county may combine an urban “clean sweep" with an agricultural “clean sweep."
Eligible Costs
A “clean sweep" grant may reimburse direct “clean sweep" project costs, including:
•Direct costs to hire a hazardous waste contractor to receive, pack, transport and dispose of chemical waste.
•Direct costs for equipment rentals, supplies and services to operate the collection site and handle collected chemical waste.
•Direct costs for county or municipal staff to receive and pack chemical waste at a “continuous collection event" that lasts 4 or more days.
•Direct costs for local educational and promotional activities related to the “clean sweep" project.
A grant recipient must fund a portion of the “clean sweep" project costs. DATCP, in its annual call for grant applications, must specify a local cost-share contribution that is at least 25% of project costs.
Grant Application Procedures
If funding is available, DATCP will issue an annual written announcement soliciting “clean sweep" grant applications from counties and municipalities. The notice will specify the following, among other things:
•The total funding available, including separate amounts available for agricultural and urban “clean sweep" grants. Subject to available appropriations, the department will offer at least $400,000 for agricultural “clean sweeps" and $200,000 for urban “clean sweeps" (consistent with pre-consolidation funding levels). Unused funds in either category may be used in the other category.
•The purposes for which grant funds may be used.
•Grant eligibility criteria, including the required local cost-share contribution.
•Grant evaluation criteria.
•Grant application deadlines and procedures.
Grant Applications
A grant application must include the following, among other things:
•The purpose and scope of the proposed “clean sweep" project.
•The proposed collection dates, times, locations, facilities and procedures.
•Whether the project will collect farm chemical waste or hazardous household waste, or both.
•The types and amounts of waste that the applicant expects to collect.
•The proposed hazardous waste contractor.
•The fees, if any, that the applicant proposes to charge to persons delivering waste materials for disposal (a grant recipient may not charge a farmer for the first 200 lbs. of farm chemical waste delivered to an agricultural “clean sweep" event).
•The public information program that will accompany the project.
•The project budget, and the nature and amount of the applicant's proposed contribution.
Evaluating Grant Applications
DATCP must review each grant application to determine whether it meets minimum eligibility requirements. DATCP must then rank each year's eligible grant applications. DATCP may consider the following criteria, among others:
•The types of chemical wastes to be collected.
•The extent of intergovernmental coordination, including coordination with other counties or municipalities.
•The convenience of the proposed collection services.
• The scope and quality of public information and promotional programs that will accompany the project.
•The applicant's capacity to carry out the project.
•The safety and suitability of project facilities and procedures.
•The overall quality of the project, including likely cost -effectiveness and impact.
Grant Award and Contract
DATCP must announce grant awards within 60 business days after the grant application deadline, based on DATCP's ranking of grant applications. DATCP must enter into a contract with each grant recipient, specifying the terms and conditions of the grant.
A grant recipient must take responsibility, as the “hazardous waste generator" under state and federal law, for managing hazardous wastes that the grant recipient collects (there are limited exceptions). The grant recipient must contract with a qualified hazardous waste contractor to receive, pack, transport and dispose of the hazardous waste. The hazardous waste contractor must attend training sponsored by DATCP. For a “clean sweep" project that lasts less than 4 days, the grant recipient must contract with the hazardous waste contractor who manages the State of Wisconsin's hazardous wastes.
Grants are contingent on funding appropriations. If appropriations are not adequate to fund all of the grants awarded, DATCP may cancel grant contracts or reduce grant amounts. Funds allocated but not used for agricultural “clean sweeps" may be reallocated to urban “clean sweeps" and vice versa.
Reports and Payments
A grant recipient must provide DATCP with a final report within 60 days after completing a funded “clean sweep" project. DATCP will not make any grant payment until it receives the final report, except that DATCP may make interim payments for a continuous collection event that lasts 4 days or more (the grant recipient must file interim reports). DATCP will make final payment within 60 days after DATCP accepts the grant recipient's final report.
A grant recipient's final report must indicate the number of participants, types and amounts of waste collected, total cost of the project (including supporting documentation), an evaluation of the project and related pubic information program, and an estimate of types and amounts of wastes yet to be collected.
Contract Termination for Cause
DATCP may terminate a grant contract, or withhold contract payments, if the grant recipient violates DATCP rules or the grant contract, fails to perform the “clean sweep" project, obtains the grant contract by fraud, or engages in illegal or grossly negligent practices. The grant recipient may demand a hearing on DATCP's action.
Business Impact
This rule will have a positive impact on farmers, and on businesses that qualify as “very small quantity generators" of waste pesticides. These may include businesses such as lawn care companies, structural and aerial applicators, golf courses, agricultural chemical dealers, hardware stores, discount stores, marinas, parks, cemeteries, and construction companies.
This rule implements the statewide “clean sweep" program which helps these persons dispose of waste chemicals at little or no cost. Businesses that deliver pesticide wastes must pay a portion of the collection and disposal costs. Farmers may deliver up to 200 lbs. of farm chemical waste without charge (local governments may impose a charge for larger amounts). The safe removal of chemical waste from farm and business locations also reduces health and environmental hazards, and related financial liability.
Many of the beneficiaries of this rule are small businesses. This rule will have no adverse effect on large or small businesses.
Fiscal Impact
This rule will have no fiscal impact on DATCP or local units of government. The Legislature has already created a state “clean sweep" grant program and provided funding for that program. This rule will not increase or decrease the amount of available funding. This rule merely spells out standards and procedures for the distribution of state “clean sweep" grants and the operation of “clean sweep" programs by grant recipients. Local government participation in the “clean sweep" program is entirely voluntary. This rule will not affect DATCP costs to administer the “clean sweep" program.
Environmental Assessment
This rule will have no adverse environmental impact. This rule will streamline and clarify the state “clean sweep" program, which has a positive impact on the environment, public health and the economy of the state.
Federal Programs
This rule implements a grant program for local government collection of waste chemicals. State and federal laws regulate hazardous waste management, but there are no federal laws related to “clean sweep" grant programs. This rule is consistent with state and federal laws on hazardous waste management.
Surrounding State Programs
All surrounding states have state-local cooperative programs to collect household hazardous wastes and certain farm chemicals, but programs vary widely from state to state.
•Michigan. The Michigan Department of Environmental Quality funds 15 permanent household waste collection sites. The Michigan Department of Agriculture uses federal grants, when available, to support agricultural pesticide collections at these household sites.
•Illinois. The Illinois Environmental Protection Agency provides grants for household collections. The Illinois Department of Agriculture typically sponsors two multi-county agricultural events each year.
•Iowa. The Iowa Department of Natural Resources provides start-up grants for local permanent collection facilities, and sponsors Toxic Clean Days that provide collection of both agricultural pesticides and household hazardous wastes.
•Minnesota. Minnesota's law recently changed. Under the revised law, Minnesota's Pollution Control Agency provides funding for 64 permanent household hazardous wastes sites. Minnesota's Department of Agriculture can fund agricultural pesticide collections through any of these local sites that seek funding for those collections.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.121, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to historic and existing buildings.
The public hearing will be held as follows:
Date and Time:
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Location:
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Monday, June 7, 2004
Starting at 10:00 a.m.
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Thompson Commerce Center Third Floor, Room 3C
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201 W. Washington Avenue
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Madison, Wisconsin
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Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
June 18, 2004 to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Diane Meredith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
dmeredith@commerce.state.wi.us.
This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
General Summary
Under sections
101.02 (1) and
(15), Stats., the Department has authority to protect public health, safety, and welfare, at public buildings and places of employment, by promulgating and enforcing requirements for construction and maintenance of those facilities.
Under section
101.121, Stats., the Department also has the responsibility to develop reasonable rules for the preservation and restoration of buildings designated as historic buildings. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Comm 70 in lieu of strict compliance with chapters Comm 61 to 65, which is the
Wisconsin Commercial Building Code (WCBC).
Currently, the Department adopts by reference the suite of International Codes as the base building construction rules under chapters Comm 61 to 65. The purpose of the rule modifications in chapter Comm 70 and the creation of rules under chapter Comm 62 is to improve the consistency of application of the construction requirements to historic buildings with the application of the WCBC to non-historic buildings, and to update the existing technical requirements relating to historic buildings.
The energy conservation requirements are reprinted in this rule package but there are no substantive changes proposed to these energy rules. Therefore, it is determined these rules are an environmental type III action, which does not require the preparation of an environmental analysis.
Detailed Summary
Although the entire chapter Comm 70 would be repealed and recreated under this proposal, many of the current requirements and provisions would not change. The reason for reprinting the entire chapter is to have all of the technical requirements available for reference to those requirements being changed, and to modify the format and terminology for consistency with other codes.
The following are the major changes contained in the revised chapters Comm 62 and 70:
1. Require a review of IBC chapter 9 for the installation of automatic sprinkler systems when an existing building is changed to include a Group A-2–assembly occupancy. This requirement will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m)]
2. Require automatic sprinkler systems, standpipes, and elevator controls for emergency recall and in-car operation that comply with the applicable requirements in the IBC for an existing building or portion of an existing building, when an existing building greater than 60 feet in height is changed to include a Group R-1–transient-type residential or R-2–permanent-type residential occupancy. These requirements will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m) (b), Comm 62.0905 and Comm 62.3001 (4)]
3. Clarify the application and election requirements of Comm 70 relating to the repair, alteration, or change of occupancy to a qualified historic building. [Comm 70.03 (2)]
4. Modify the administration and enforcement requirements by cross-referencing ch.
Comm 61 for consistency in application. [Comm 70, subchapter II]
