Section 8 clarifies that there is no conflict between s.
Adm 2.08 (1) and s.
Adm 2.11, in accordance with standard rules of legal interpretation, and places a reasonable limitation on the retention of items by the Wisconsin state capitol police.
Section 9 clarifies existing prohibitions against conducting or participating in events occurring without permits. Prohibition against participating in events is redefined in accordance with recent settlement. Clarity to the sub-section is sought by separating the violations for conducting such events from violations for participating in such events into separate sub-sections. The potential offense of occupying space is clarified by removing excess language from the paragraph. Additionally, introductory statements, which do not constitute elements leading to a citation, are moved to the appropriate introductory clause for the section. Finally, a new paragraph is added, codifying a decibel limitation currently found in policy, and lowering it in accordance with an expert witness report commissioned by the Wisconsin Department of Justice.
Section 10 continues the attempt to clarify existing prohibitions against unauthorized events by simplifying the arrangement and using newly defined terms. Section 10 also improves protections for the public by eliminating an alternative rationale for prosecution.
Section 11 also continues the attempt to clarify existing prohibitions by eliminating language that, substantively, is now located in other portions of this subsection. The result is a sub-section that is less complicated to read and interpret.
Summary of and comparison with, existing or proposed federal regulations
Existing federal regulations vary by agency, state, and facility, and are too numerous to permit meaningful comparative analysis. However, the department notes that no protests or the like are permitted within the United States capitol building, and that persons attempting to do so have been successfully prosecuted under the federal criminal code.
Comparison with rules in adjacent states
All adjacent states have similar administrative code provisions. Illinois requires permits for demonstrations or other events to be submitted at least 48 hours in advance of the use, unless the requestor can prove by a preponderance of the evidence that the cause of the event was unknown or resulted from changed circumstances. Michigan does not permit demonstrations or other activities without written authorization. Michigan also requires written authorization for displays, and requires that such requests “normally" be submitted 30 days in advance. Likewise, Minnesota requires a written permit, with the State and the applicant reaching agreement on topics including, “security, police protection, liability for damages, and cleanup of areas" prior to issuance of a permit. Iowa also requires a written application and approval by written letter or a memorandum of understanding signed by the event director.
Effect on Small business
The proposed rule changes will have no impact upon small businesses.
Initial Regulatory Flexibility Analysis
The proposed rule will not affect small businesses.
Fiscal Estimate
Modification of the existing rules should decrease the costs of gaining compliance with the rules by reducing the number of issues currently subject to litigation. In the long term, modification of existing rules to conform to practice and to expand the legally recognized categories of permitted users should increase the legitimacy of the permitting process for the general public, leading to greater voluntary compliance and reduced costs.
Summary of Economic Impact Analysis
The rule modifications are expected to have no economic impact. A copy of the Economic Impact analysis may be obtained from the agency at no charge by contacting Donna Sorenson at the contact information listed on the first page of this Notice.
Small Business Regulatory Coordinator
Joe Knilans
Telephone: 608-267-7873
Contact Person
Andrew Hitt
Department of Administration
101 E. Wilson Street, 10th Floor
Madison, WI 53702
(608) 266-1741
June 14, 2013.
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 12-R-05 )
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule relating to the clean sweep program. This rule revises Chapter
ATCP 34, Wis. Admin. Code, related to Wisconsin's “clean sweep" program.
DATCP will hold three public hearings at the times and places shown below.
Hearing Information
Date: Monday, February 17, 2014
Time: 1:00 to 4:00 p.m.
Location: Rooms 8 and 9
University of Wisconsin Cooperative
Extension — Jefferson County
864 Collins Road
Jefferson, WI 53549
Date: Tuesday, February 18, 2014
Time: 1:00 to 4:00 p.m.
Location: Rooms 185 and 158
DNR Service Center
1300 West Clairemont Avenue
Eau Claire, WI 54701
Date: Wednesday, February 19, 2014
Time: 1:00 to 4:00 p.m.
Location: Education Room
Outagamie County Recycling Center
Door #12
1419 Holland Road
Appleton, WI 54911
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by February 3, 2014, by writing to Jane Larson, Division of Agricultural Resource Management, DATCP, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
jane.larson@wisconsin.gov or by telephone at (608) 224-4545. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facilities are handicap accessible.
Appearance at Hearing, Submission of Written Comments, and Availability of Rules
You can obtain a free copy of this hearing draft rule and related documents, including the economic impact analysis, by contacting Jane Larson at the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, DATCP, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911. You can also obtain a copy by calling (608) 224-4545 or by e-mailing
jane.larson@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to:
http://adminrules.wisconsin.gov.
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to
keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies ch.
ATCP 34, Wis. Admin. Code, related to Wisconsin's “clean sweep" program. The department of agriculture, trade and consumer protection (“DATCP" or “department") administers the program pursuant to its authority in Chapter
93, Stats. The clean sweep program is designed to distribute grant funds to counties and municipalities. The funds pay for costs associated with collecting and safely disposing of agricultural pesticides, farm chemical waste and household hazardous waste that might otherwise pose a threat to public health or the environment. Program funds are also used to collect unwanted prescription drugs and veterinary drugs from individuals. This rule does not alter the level of available funding for the clean sweep program.
This rule will:
• Update provisions related to grant applications, grant evaluation and approval, grant contracts, reporting requirements, reimbursement procedures, selection of hazardous waste handlers, and other matters to keep up with developments in programs relating to the collection of hazardous wastes.
• Add standards for the statutory prescription drug component of the clean sweep program to the rule.
• Amend the rule to resolve existing conflicts between the statute and rule concerning funding amounts for the grants and to take into consideration the overall needs of grant recipients.
• Reduce paperwork by permitting electronic applications for grants. Make changes to improve the administrative and operational efficiency of the “clean sweep" program.
Statutes interpreted
Statutes Interpreted: Sections
93.55 and
93.57, Stats.
Statutory authority
Explanation of agency authority
DATCP has authority under s.
93.07 (1), Stats., to make regulations as necessary for the proper enforcement of Chapters
93 to
100, Stats., which includes the administration of the clean sweep grant program. Grants go to local governments for the collection of agricultural and household hazardous waste, including prescription drugs, as required under ss.
93.55 and
93.57, Stats. The department considers it necessary to adopt rules to establish the basis for grant determinations in order to effectuate these laws.
Related rules or statutes
Wisconsin statutes and rules relating to the manufacture, distribution, and use of pesticides in Wisconsin are set forth in ss.
94.67 to
94.71, Stats., and chs.
ATCP 29 and
30, Wis. Admin. Code. Waste management is governed by ch.
289, Stats., and ch.
NR 500, Wis. Admin Code. The manufacture, distribution and dispensing of prescription drugs falls under the authority of the Pharmacy Examining Board.
See ch.
450, Stats. “Veterinary drugs" is defined in s.
453.02 (9), Stats. The Uniform Controlled Substances Act sets standards for prescription drugs that are “controlled substances," pursuant to ch.
961, Stats.
Plain language analysis
Under the clean sweep program, DATCP distributes grants to counties and other local governments to assist in funding their hazardous waste collection events and permanent waste collection sites. The clean sweep program was established in 1990 to provide financial assistance to Wisconsin counties to collect unwanted agricultural pesticides. In 2004, the program expanded to provide grants to local governments to collect household hazardous wastes such as acids, flammable chemicals, mercury, lead paint, and solvents. In 2007, Wis. Act 20 was enacted, which authorized the department to include the funding of county, municipal, and regional planning commission programs to collect unwanted prescription drugs, including controlled substances, analgesics, anti-inflammatory drugs, antibiotics, gastrointestinal drugs, and antihistamines. DATCP implemented a pilot prescription drug program to develop standards for issuing grants related to collection of unwanted prescription drugs, and those standards are now incorporated into this proposed rule.
Other changes in the rule are designed to improve the operational and administrative efficiency of the program for the department and local governments that participate in the “clean sweep" program. Since 1990, the program has matured and several current requirements are no longer needed. At the same time, the needs of the grant recipients have changed. These rule revisions address these changes and reflect the current state of hazardous waste collection in Wisconsin.
Rule content
This proposed rule amends ch.
ATCP 34, relating to the clean sweep program. The following provides a summary of the rule changes by section:
Purpose of the rule
The establishment of procedures for making grants to local governments to dispose of unwanted prescription drugs will be added to the “Purpose" section of the rule.
Definitions
The term “unwanted prescription drugs" is added and includes Schedule II to V controlled substances, and all other drugs that can be prescribed for human health needs, including drugs such as analgesics, anti-inflammatory drugs, antibiotics, gastrointestinal drugs, inhalers, and antihistamines. Unwanted prescription drugs also include certain veterinary drugs.
When local governments first decided to collect pesticide and household wastes, they often held one- or two-day collection “events." Since then, many local governments have expanded to multiple collections or have established permanent collection sites that offer convenience for local residents. The rule removes the term “event" and references a project as a “collection."
In this rule, “temporary collection" means a clean sweep project that collects hazardous waste five days or less in a calendar year. A “continuous collection" means a clean sweep project that collects chemicals on six or more days in a calendar year. A “permanent collection" means a clean sweep project that operates at least six months out of the year and includes permanent infrastructure dedicated to clean sweep collections. Comments received during our listening sessions showed a desire to broaden the gap between temporary and continuous collections. Local governments holding temporary collections are still required to use the state hazardous waste contractor as their waste hauler.
Grants to counties and municipalities
• Drug Drop Boxes. Currently, clean sweep grant funds cannot be used to purchase permanent equipment. However, a large expense associated with the collection of unwanted prescription drugs is a drug drop box. These drop boxes are a secure place for residents to dispose of their unwanted prescription and veterinary drugs. The boxes typically are located within law enforcement agencies and are designed in such a way that drugs cannot be removed except by authorized personnel. The rule would allow a local government to request funds for the direct costs associated with the purchase and installation of a drug drop box.
• Disposal of Dual-Hazardous Waste. This proposed rule will allow counties and municipalities to request reimbursement for the disposal of “sharps" that contain medication such as epinephrine auto-injectors (an example is an EpiPen® ) or prefilled syringes. Disposal costs for sharps such as needles or lancets would remain ineligible for reimbursement.
Grant applications
• Grant Solicitation Announcements. This proposed rule expands the methods of announcing a request for proposals for clean sweep grant funds beyond a written announcement.
• Grant Fund Amounts. Ch.
ATCP 34 states that the department shall offer no less than $400,000 for farm chemical waste collection and not less than $200,000 for household hazardous waste collection. In recent years, the demand for the collection and disposal of household hazardous waste has outpaced agricultural pesticides and farm chemical waste. Also, with the statutory addition of grants for unwanted prescription drug collections in 2008, a different allocation of funds among the collection grants is now required. The new statutory language requires the department to offer a minimum of two-thirds of the available funds for household hazardous waste under s.
93.57, Stats. This proposed rule reflects the change in statutory requirements and eliminates the conflict between rule and statute. This change is also supported by the data collected from clean sweeps in recent years. The demand for household hazardous waste disposal is increasing while the demand for agricultural waste disposal is declining. Household waste disposal demand is outpacing agricultural demand by about a 3:1 margin.
• Grant Applications. The current rule requires that grant applications be submitted on a form provided by the department. To keep up with changing and available technology such as electronic or web-based applications, the rule specifies that future applications will be submitted in a manner designated by DATCP.
• Required Information in Applications. Because of the gap between grant submittal and acceptance and the possibility that a grant may not be funded, this rule specifies that applicants no longer have to provide specific dates, locations and facilities for collections. The department will gather that information after grants are awarded. The proposed rule also removes the requirement that an applicant describe its plans for collecting, handling and disposing of chemical waste. Clean sweep collections are not new and local governments and waste haulers have developed much experience since 1990. Unwanted prescription drug collection information will be incorporated into clean sweep applications. Finally, because multi-government collections are quite common as a way to reach more residents and gain efficiencies with collections, applicants no longer need to describe the role of each government participant under this rule.
Evaluating grant applications
Under this proposed rule, the department will modify the criteria used to assess clean sweep grant applications. Early in the program's history, applicants were encouraged to collect farm and household waste and determine what chemicals were of concern in their areas. Now the majority of applicants are experienced project coordinators familiar with local needs and available resources. For some, it is impractical to collect more than one waste type because there is no need. Because of the experience of the local government coordinators and their staff, evaluating an application based on its safety and suitability is no longer necessary. Coordination across multiple governments is encouraged and points are awarded for these types of collections, but it is no longer necessary to place a priority on such coordination.
Grant awards
Farm Waste and Household Waste. This proposed section reflects the changes in the statute for grant awards and removes the discrepancy between statue and rule. The current rule states that the department will annually award grants totaling at least $400,000 for farm chemical waste, while the statute directs that the department to offer a minimum of two-thirds of the available funds for household hazardous waste. This rule corrects the discrepancy by taking into consideration the current appropriation under s.
20.115 (7) (va), Stats.
Grant contracts
• Hazardous Waste Contract. This proposed rule removes the requirement that the written contract between the department and the clean sweep grant recipient include the recipient's contract with its hazardous waste contractor. The department has found that the information provided in the grant applications is sufficient to make awards.
• Limited Funding. Should the amount of grant funds available be insufficient to cover the awarded grants, the department has the ability to cancel one of more of the grants at its discretion.
Collecting waste pesticides from very small quantity generators (VSQGs)
Generally, a “VSQG" is an individual or business who generates limited quantities of waste pesticides and can include certain hardware stores, farm supply stores, cooperatives, municipalities, or commercial pesticide applicators. This proposed section removes the requirement that a county must collect the license status of a VSQG licensed under ch.
ATCP 29. As long as the VSQG's name and address is captured, the department can verify licensure, if necessary.
Hazardous waste
Hazardous Waste Contractor. This proposed section incorporates unwanted prescription drug collection into the rule. It also removes the requirement that hazardous waste contractors selected by grant recipients attend a training session provided by the department. This was a necessary requirement in the early days of the program but is no longer needed since the program participants, including waste contractors, have gained experience and familiarity with the clean sweep program rules.
Reports and payments
Final Report. This proposed section allows for a 45-day extension on the final report deadline. Other required elements of the final report are consolidated within the rule. This proposed section removes the requirement to estimate future collection needs, the timing of collection and suggestions on how to collect chemical waste. This is no longer necessary with a mature program.
