Chapter ATCP 34
CLEAN SWEEP PROGRAM
ATCP 34.04 Grants to counties and municipalities.
ATCP 34.06 Grant applications.
ATCP 34.08 Evaluating grant applications.
ATCP 34.12 Grant contracts.
ATCP 34.14 Collecting waste pesticides from very small quantity generators.
ATCP 34.16 Hazardous waste.
ATCP 34.18 Reports and payments.
ATCP 34.20 Contract termination for cause.
Ch. ATCP 34 Note
Note: Chapter Ag 164 was created by emergency rule effective August 14, 1990; Chapter Ag 164 was renumbered ch. ATCP 34 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448. Chapter ATCP 34 as it existed on December 31, 2004, was repealed and a new chapter ATCP 34 was created,
Register December 2004 No. 588, effective January 1, 2005.
ATCP 34.01
ATCP 34.01
Purpose. This chapter establishes procedures for the agricultural chemical and container collection grant program under s.
93.55, Stats., and the household hazardous waste, and unwanted prescription drug grant programs under s.
93.57, Stats.
ATCP 34.01 Note
Note: Funds for the grant programs under ss.
93.55 and
93.57, Stats., are appropriated under s.
20.115 (7) (va), Stats. Grants are subject to appropriation limits.
ATCP 34.02
ATCP 34.02
Definitions. In this chapter:
ATCP 34.02(1)
(1) “Agricultural producer" means a person who produces agricultural commodities on land that the person owns or controls.
ATCP 34.02(2)
(2) “ARM division administrator" means the administrator of the department's agricultural resource management division.
ATCP 34.02(3)
(3) “Chemical waste" means farm chemical waste or household hazardous waste.
ATCP 34.02(5)
(5) “Clean sweep project" means a project under s.
93.55 or
93.57, Stats., to collect any of the following for disposal:
ATCP 34.02(6)
(6) “Continuous collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on at least 4 days in a calendar year.
ATCP 34.02 Note
Note: Grant recipients will be responsible for verifying that any clean sweep project in which a collection is made by a “temporary collection facility" or “permanent collection facility" as defined in s.
NR 666.901 meet all applicable ch.
NR 666 regulations.
ATCP 34.02(7)
(7) “County" means a single county, a regional planning commission, or an association of 2 or more counties.
ATCP 34.02(8)
(8) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 34.02(9)
(9) “Farm chemical waste" means waste pesticides or other waste chemicals manufactured for agricultural use. “Farm chemical waste" includes farm chemical containers and contaminated farm chemicals that cannot be accepted by recycling or other disposal programs.
ATCP 34.02(10)
(10) “Grant recipient" means a county or municipality that receives a clean sweep grant, and includes an agent of that county or municipality.
ATCP 34.02(12)
(12) “Hazardous waste contractor" means a person who is licensed and permitted under applicable federal and state laws to collect, pack, transport, and dispose of hazardous waste.
ATCP 34.02(13m)
(13m) “In-kind costs" means a payment given in goods, commodities, or services, rather than money.
ATCP 34.02(14)
(14) “Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, or metropolitan sewage district. “Municipality" includes a regional planning commission or an association of 2 or more municipalities.
ATCP 34.02(14g)
(14g) “Permanent collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs under this program during at least 6 months of the year and includes permanent infrastructure for waste collection.
ATCP 34.02 Note
Note: A clean sweep project for which a collection is made by a “permanent collection facility" as defined in s.
NR 666.901 (5) must meet all applicable ch.
NR 666 regulations.
ATCP 34.02(16)
(16) “Resource conservation and recovery act" has the meaning given in s.
291.01, Stats.
ATCP 34.02(17)
(17) “Temporary collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on fewer than 4 days in a calendar year.
ATCP 34.02 Note
Note: A clean sweep project for which a collection is made by a “temporary collection facility" as defined in s.
NR 666.901 (6) must meet all applicable NR 666 regulations.
ATCP 34.02(17g)
(17g) “Total project cost" means the sum of all reimbursable direct costs, as provided under s.
ATCP 34.04 (2), and in-kind costs.
ATCP 34.02(17r)(a)(a) Except as provided under par.
(b), “unwanted prescription drug" means any of the following if lawfully possessed by an individual for the individual's own use, for the use of a member of the individual's household, or for the use of an animal owned by the individual or a member of the individual's household, and if located in or comes from a place where the individual, a member of the individual's household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the unwanted prescription drug:
ATCP 34.02(17r)(a)5.
5. A delivery device with a needle that contains a prescription drug or veterinary prescription drug such as a pre-filled syringe or auto-injector, but not intravenous bags or tubing.
ATCP 34.02(17r)(b)
(b) An unwanted prescription drug does not include any of the following:
ATCP 34.02 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05;
corrections in (13) and (18) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2012 No. 675;
CR 14-007: cr. (5) (c), am. (6), cr. (13m), (14g), am. (17), cr. (17g), (17r), am. (18)
Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 1. made under s. 35.17, Stats.,
Register June 2015 No. 714, eff. 7-1-15; correction in (17r) (a) 3., 4. made under s. 13.92 (4) (b) 7., Stats.,
Register October 2015 No. 718;
correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776. ATCP 34.04
ATCP 34.04
Grants to counties and municipalities. ATCP 34.04(1)(a)(a) The department may award a clean sweep grant to a county for a clean sweep project to collect any of the following:
ATCP 34.04(1)(b)
(b) The department may award a clean sweep grant to a municipality for a clean sweep project to collect household hazardous waste or unwanted prescription drugs.
ATCP 34.04(1)(c)
(c) A grant recipient under par.
(a) or
(b) may, with the department's approval, contract with another person or entity to administer the clean sweep project on behalf of the grant recipient.
ATCP 34.04(2)
(2) Permitted uses. A clean sweep grant under sub.
(1) may reimburse a grant recipient's direct costs for a clean sweep project, including any of the following:
ATCP 34.04(2)(a)
(a) Direct costs to hire a hazardous waste contractor to receive, pack, transport, and dispose of chemical waste.
ATCP 34.04(2)(b)
(b) Direct costs for equipment rentals, supplies, and services used to operate the collection site and handle collected chemical waste or unwanted prescription drugs.
ATCP 34.04(2)(c)
(c) Direct costs for county or municipal staff to receive and pack chemical waste at a continuous or permanent collection.
ATCP 34.04(2)(d)
(d) Direct costs for local educational and promotional activities related to the clean sweep project.
ATCP 34.04(2)(e)
(e) Direct costs for purchase and installation of permanent drug drop boxes for unwanted prescription drugs.
ATCP 34.04(2)(f)
(f) Direct costs to hire a qualified waste contractor to receive, pack, transport, and dispose of unwanted prescription drugs.
ATCP 34.04(2)(g)
(g) Direct costs for the collection and disposal of mercury containing devices including thermometers or thermostats, [that] are acceptable under [at] household hazardous waste collections.
ATCP 34.04 Note
Note: “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.
