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. 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 Note
Note: 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).
ATCP 34.04 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05;
CR 14-007: cr. (1) (a) 3., am. (1) (b), (2) (b), (c), cr. (2) (e) to (g), (3) (h) to (k), am. (5) (b) (intro.)
Register June 2015 No. 714, eff. 7-1-15.
ATCP 34.06(1)(1)
County or municipality may apply. A county or municipality may apply for a clean sweep grant. A grant application shall comply with sub.
(3).
ATCP 34.06 Note
Note: Pursuant to s.
20.002 (10), Stats., a grant by a state agency made to any city, county, village, or town for any purpose also may be granted by that state agency to any federally recognized tribal governing body for the same purpose.
ATCP 34.06(2)
(2) Announcement soliciting grant applications. The department shall issue an announcement soliciting grant applications under sub.
(1) for the next calendar year if grant funding may be available for any part of that calendar year. The announcements shall specify the general terms and conditions for grant awards, including all of the following:
ATCP 34.06(2)(a)
(a) The total amount available for clean sweep project grants, including separate amounts available for farm chemical waste collection projects and household hazardous waste collection projects. Subject to budget appropriations, the department shall offer a minimum of two-thirds of the funds available from the appropriation account under s.
20.115 (7) (va), Stats., for household hazardous waste collection grants.
ATCP 34.06(2)(c)
(c) The percentage rate, if any, at which the department will reimburse a county's cost to collect and dispose of farm chemical wastes received from very small quantity generators.
ATCP 34.06(2)(d)
(d) Minimum grant eligibility criteria, including the minimum county or municipal funding contribution required under s.
ATCP 34.04 (5).
ATCP 34.06(2)(f)
(f) Grant evaluation criteria, including the criteria in s.
ATCP 34.08 (2) and the weights that the department will give to those criteria.
ATCP 34.06(2)(g)
(g) Other grant application terms and conditions that the department deems appropriate.
ATCP 34.06 Note
Note: The department will normally issue a notice under sub. (2) in June of each year, soliciting grant applications for the next calendar year. Grant funding depends on state budget appropriations.
ATCP 34.06(3)
(3) Application contents. A county or municipality shall submit its grant application under sub.
(1) in a manner designated by the department. The application shall comply with requirements contained in the department's announcement under sub.
(2) and shall describe all of the following:
ATCP 34.06(3)(a)
(a) The purpose and scope of the proposed clean sweep project, including all of the following:
ATCP 34.06(3)(e)
(e) Any relevant limitations that the applicant will impose on waste collections.
ATCP 34.06(3)(f)
(f) A schedule of fees, if any, which the applicant proposes to charge to persons from whom it collects chemical waste or unwanted prescription drugs. A county may not charge an agricultural producer for the first 200 pounds of farm chemical waste collected from that agricultural producer, but may charge fees for amounts over 200 pounds of farm chemical waste or for agricultural producers disposing of any household hazardous waste or any unwanted prescription drugs.
ATCP 34.06(3)(g)
(g) The hazardous waste contractor who will handle, transport and dispose of hazardous waste or unwanted prescription drugs collected in the clean sweep project.
ATCP 34.06(3)(j)
(j) The public information program that the applicant will undertake in connection with the clean sweep project. The public information program shall do all of the following:
ATCP 34.06(3)(j)2.
2. Provide information to help the target population minimize, safely handle, and safely dispose of chemical waste.
ATCP 34.06(3)(k)
(k) The proposed budget for the clean sweep project, and the amount of funding requested from the department.
ATCP 34.06(3)(L)
(L) The applicant's proposed contribution to the project. The applicant's contribution shall comply with s.
ATCP 34.04 (5). The applicant shall identify and distinguish applicant–funded project costs from grant–funded project costs.
ATCP 34.06(3)(m)
(m) The agency and individual that are primarily responsible for coordinating the project on behalf of the applicant, and any other agencies involved in implementing the project.
ATCP 34.06(3)(n)
(n) Other relevant information that the department requires in its announcement under sub.
(2).
ATCP 34.06 Note
Note: The grant application and related evaluation criteria are available from the department at the following address: Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, PO Box 8911, Madison, WI 53708-8911 or
http://datcp.wi.gov.
ATCP 34.06 History
History: CR 04-039: cr.
Register December 2004 No. 588, eff. 1-1-05;
CR 14-007: am. (2) (intro.), (a), (3) (intro.), (a) 2., r. (3) (a) 4., am. (3) (b) to (d), (f), (g), r. (3) (h), (i), am. (3) (m)
Register June 2015 No. 714, eff. 7-1-15.
ATCP 34.08
ATCP 34.08
Evaluating grant applications. ATCP 34.08(1)(1)
Determining eligibility. The department shall review each grant application under s.
ATCP 34.06 (3) to determine whether it complies with minimum eligibility requirements under this chapter. The department shall reject grant applications that fail to meet minimum eligibility requirements, or that fail to comply with application procedures prescribed under s.
ATCP 34.06 (2).
ATCP 34.08(2)
(2) Evaluating eligible grant applications. The department shall evaluate each year's eligible grant applications under s.
ATCP 34.06 (1). The department may consider the following criteria, and other criteria set forth in the department's notices under s.
ATCP 34.06 (2):
ATCP 34.08(2)(a)
(a) The types of chemical wastes or unwanted prescription drugs to be collected.
ATCP 34.08(2)(b)
(b) The extent to which the project coordinates the efforts of state and local government and other interested parties.
