Rule-making notices
Notice of Hearing
Agriculture, Trade & Consumer Protection
[
CR 04-039]
(Reprinted From Mid-May Wis. Adm. Register)
Rules related to agricultural and household hazardous waste.
Collection (Clean Sweep) Grant Program.
The State of Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) announces that it will hold a public hearing on a rule which will consolidate Wisconsin's agricultural and urban “clean sweep" grant programs. Since the early 1990s, DATCP has collected unwanted agricultural pesticides and chemicals under ch.
ATCP 34, Wis. Administrative Code. In 2003, the Household Hazardous Waste Collection Grant program was transferred from the Department of Natural Resources to DATCP. The proposed rule revision will allow DATCP to consolidate and efficiently manage both programs.
DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, June 11, 2004 for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department Agriculture, Trade, and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, or by calling 608-224-4545. Copies will also be available at the public hearing.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Thursday, May 27, 2004 by writing to Kris Gordon, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, telephone 608-224-4509. Alternatively, you may contact the DATCP TDD at 608-224-5058. Handicap access is available at the hearings.
Hearing Location:
Thursday, June 3, 2004, 1 p.m. to 5 p.m.
Prairie Oak State Office Building
2811 Agriculture Drive
Board Room
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade & Consumer Protection
This rule consolidates the agricultural “clean sweep" program under s.
93.55, Stats., and the urban “clean sweep" program under s.
93.57, Stats., and establishes standards and procedures for the consolidated program. DATCP provides grants to local governments for “clean sweep" programs to collect and safely dispose of waste agricultural and household chemicals.
Background
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently administers an agricultural chemical and container collection program (agricultural "clean sweep" program). This program is designed to collect and safely dispose of waste pesticides and agricultural chemicals, including chemical containers. DATCP may provide grants to counties to operate agricultural “clean sweep" events (s.
93.55, Stats.). DATCP has adopted agricultural “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code.
Until recently, the Department of Natural Resources (“DNR") administered a similar but smaller urban “clean sweep" program for household hazardous waste. The biennial budget act (
2003 Wis. Act 33) transferred the urban “clean sweep" program from DNR to DATCP, and consolidated funding for the urban and agricultural programs. DATCP may provide grants to counties
or municipalities to establish urban “clean sweep" events (s.
93.57, Stats.).
DATCP must operate the urban “clean sweep" program under DNR rules until DATCP adopts its own rules for the program (see
2003 Wis. Act 33,
nonstatutory provisions). DATCP has general authority to adopt rules for programs that DATCP administers (see s.
93.07(1), Stats.) This rule consolidates the agricultural and urban “clean sweep" programs, and establishes standards and procedures for the consolidated program.
Rule Content
This rule repeals and recreates DATCP's current “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code. This rule does all of the following:
•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.
