ATCP 34.04 NoteNote: “That” was inadvertently omitted from CR 14-007. “At” should have been used in place of “under”. Corrections will be made in future rulemaking. ATCP 34.04(3)(3) Prohibited uses. A grant under sub. (1) may not fund the collection or disposal of any of the following: ATCP 34.04(3)(b)(b) Contaminated soil or debris, except for small quantities that the department specifically approves in advance on a case-by-case basis. ATCP 34.04(3)(d)(d) Materials that are handled by other waste disposal or recycling programs. ATCP 34.04(3)(e)(e) Batteries, non-mercury bulbs, florescent tubes, tires, electronics, freon appliances or antifreeze. ATCP 34.04(3)(g)(g) Chemical waste for which there is no federally–approved or state–approved disposal method. If a grant recipient receives a chemical waste for which there is no approved disposal method, the grant recipient shall do all of the following: ATCP 34.04(3)(g)1.1. Securely repackage the chemical waste and return it to the person who delivered it. ATCP 34.04(3)(g)2.2. Record the person’s name and address, and the type and amount of chemical waste returned to that person. ATCP 34.04(3)(g)3.3. Inform the person that, if an approved disposal method becomes available, the department will attempt to notify the person at the address recorded under subd. 2. ATCP 34.04(3)(i)(i) Personal care products including soap, shampoo, and toothpaste. ATCP 34.04(3)(j)(j) Medical devices or oxygen-containing devices for which another collection, disposal, or recycling option is available. ATCP 34.04(4)(4) Farm chemical waste. A grant under sub. (1) (a) may reimburse a county’s cost to collect and dispose of any of the following: ATCP 34.04(4)(a)(a) Farm chemical waste received from an agricultural producer, or from a person who holds the farm chemical waste from farming operations conducted on property that the person now owns or controls. ATCP 34.04(4)(b)(b) Waste pesticides and other department-approved farm chemical wastes that the county receives from a very small quantity generator who is not an agricultural producer, provided that all of the following apply: ATCP 34.04(4)(b)1.1. The department, in its announcement under s. ATCP 34.06 (2), specifies the percentage rate at which the department will reimburse that cost. The percentage rate may not exceed 50%, except that the ARM division administrator may approve a higher percentage rate for individual disposal problems that warrant the higher rate. The ARM division administrator shall consider the chemicals involved, the environmental setting, the exposure risks, the responsibility or culpability of the parties, and disposal options available to the parties. ATCP 34.04(5)(a)(a) A grant recipient under sub. (1) shall fund a portion of each clean sweep project for which the grant is awarded. The department’s announcement under s. ATCP 34.06 (2) shall specify a required minimum contribution that is at least 25% of the total project cost. ATCP 34.04(5)(b)(b) For a continuous or permanent collection, a grant recipient’s contribution under par. (a) may include any of the following costs that are directly related to the collection and handling of chemical waste collected at that event: ATCP 34.04 NoteNote: A grant recipient is responsible for managing chemical waste in compliance with applicable law. This chapter does not expand or limit the application of state or federal hazardous waste laws administered by the Wisconsin department of natural resources. This chapter does not authorize or require a grant recipient to serve as an enforcement agency, nor does it require a grant recipient to indemnify persons that violate state or federal law. Participation in a clean sweep project does not relieve any person of the duty to comply with applicable law, or indemnify that person for any liability to which that person is subject.
ATCP 34.04(6)(6) Collecting Waste From Very small quantity generators. A grant recipient under sub. (1) may collect hazardous waste from a very small quantity generator, regardless of whether the collection cost is eligible for reimbursement under this chapter. Except as provided in sub. (4), the grant recipient may not include the collection costs in its grant-eligible expenses under sub. (2) or in its local contribution under sub. (5).