Wisconsin Legislature: ATCP 34.06(3)(a)2.

(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:

(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.

(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:

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.

2. The clean sweep project complies with s. ATCP 34.14.

(5) County or municipal contribution.

(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.

(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:

1. The value of staff services provided for the event.

2. The rental value of facilities or equipment provided for the event.

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.

(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).

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 Grant applications.

(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).

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.

(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:

(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.

(b) The purposes for which grant funds may be used.

(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.

Note: See s. ATCP 34.04 (4) (b).

(d) Minimum grant eligibility criteria, including the minimum county or municipal funding contribution required under s. ATCP 34.04 (5).

(e) Grant application deadlines and procedures.

(f) Grant evaluation criteria, including the criteria in s. ATCP 34.08 (2) and the weights that the department will give to those criteria.

(g) Other grant application terms and conditions that the department deems appropriate.

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.

(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:

(a) The purpose and scope of the proposed clean sweep project, including all of the following:

1. The targeted waste collection area.

2. Types of wastes collected.

3. The agricultural or household populations served.

(b) The proposed collection sites, if known.

(d) The proposed collection facilities, if known.

(e) Any relevant limitations that the applicant will impose on waste collections.

(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.

(g) The hazardous waste contractor who will handle, transport and dispose of hazardous waste or unwanted prescription drugs collected in the clean sweep project.

(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:

1. Advertise the clean sweep project to the target population.

2. Provide information to help the target population minimize, safely handle, and safely dispose of chemical waste.

(k) The proposed budget for the clean sweep project, and the amount of funding requested from the department.

(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.

(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.

(n) Other relevant information that the department requires in its announcement under sub. (2).

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.

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 Evaluating grant applications.

(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).

(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):

(a) The types of chemical wastes or unwanted prescription drugs to be collected.

(b) The extent to which the project coordinates the efforts of state and local government and other interested parties.

(c) The convenience of the collection service. The department may give priority to projects offering conveniences, such as continuous or permanent collections, multiple collection locations, and multiple collection periods, which are reasonably designed to maximize public participation.

(d) The scope and quality of the public information and promotional program that will accompany the project. The department may give priority to projects that are effectively designed to do the following:

1. Reach and involve target audiences holding chemical wastes or unwanted prescription drugs.

2. Minimize future generation of chemical waste or unwanted prescription drugs.

(e) Innovation. The department may give priority to applicants that offer new collection sites or other sound innovations designed to increase public participation, decrease waste generation, increase waste collection, or expand geographic outreach.

(f) The applicant’s capacity to perform. The department may give priority to applicants that demonstrate effective preparation, expertise, capacity, and commitment.

History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: am. (1), (2) (title), (intro.), renum. (2) (a) (intro.) to (a) and am., r. (2) (a) 1. to 4., am. (b), (c), (d) 1., 2., (e), r. (2) (g), (h) Register June 2015 No. 714, eff. 7-1-15.

ATCP 34.10 Grant awards.

(1) Deadline. The department shall announce each year’s clean sweep grant awards within 60 business days after the grant application deadline specified in the department’s announcement under s. ATCP 34.06 (2).

(2) Farm chemical waste collection projects. The department shall annually award clean sweep grants for farm chemical waste collection projects based on the evaluation under s. ATCP 34.08 (2).

(3) Household hazardous waste collection projects. The department shall annually award clean sweep grants for household hazardous waste collection projects based on the evaluation under s. ATCP 34.08 (2). The department shall annually award a minimum of two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va), Stats.

(3m) Unwanted prescription drug collection projects. The department shall annually award clean sweep grants for unwanted prescription drug collection projects based on the evaluation under s. ATCP 34.08 (2).

Note: Unwanted prescription drug collection projects must comply with drug disposal program requirements in s.165.65, Stats., effective 7-01-15 created by 2013 Wis. Act 198.

(4) Grant funding. The department shall annually award 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 projects and unwanted prescription drug projects. The remaining funds go to farm chemical waste collection projects. Following awards under subs. (2), (3), and (3m), the department may award grant funds for other projects without regard to whether the projects will collect farm chemical waste, household hazardous waste, or unwanted prescription drugs.

History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: am. (2), (3), cr. (3m), am. (4) Register June 2015 No. 714, eff. 7-1-15.

ATCP 34.12 Grant contracts.

(1) General. The department shall enter into a written grant contract with each grant recipient, specifying the terms and conditions of the grant. No grant award under s. ATCP 34.10 is final until the grant contract is signed. The contract may incorporate, by reference, all or part of the grant application.

(2) Contents. A contract under sub. (1) shall include all of the following:

(a) The amount of the grant award.

(b) The purposes for which the grant award may be used. The contract may identify those purposes by reference to this chapter, the department’s announcement under s. ATCP 34.06 (2), or the grant application.

(c) The grant recipient’s responsibilities under the contract. The contract may identify those responsibilities by reference to this chapter, the department’s announcement under s. ATCP 34.06 (2), or the grant application.

(d) The nature and amount of the grant recipient’s contribution under s. ATCP 34.04 (5).

(e) The grant recipient’s responsibility as a hazardous waste generator, under s. ATCP 34.16 (1), for hazardous waste collected by the clean sweep project.

(g) The grant recipient’s agreement to comply with applicable requirements under this chapter.

(h) Other contract terms specified by the department.

(3) Grants contingent upon funding. Every grant award and grant contract under this chapter is contingent upon the availability of funding. If funding is not available for all of the grants awarded, the department may do any of the following notwithstanding its contract with any grant recipient:

(a) Cancel one or more of the grants.

(b) Reduce grant amounts.

(4) Reallocation of funds. A county that receives grant funds for both a farm chemical waste collection project and a household hazardous waste collection project may reallocate up to 50% of either project’s grant funding to the other project, based on unanticipated changes in demand for collection services in either project. A county may not reallocate funds from a project if the reallocation results in a shortage of funds for that project.

History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: r. (2) (f), am. (3) (a) Register June 2015 No. 714, eff. 7-1-15.

ATCP 34.14 Collecting waste pesticides from very small quantity generators. A county may collect waste pesticides and other department-approved farm chemical wastes from a very small quantity generator who is not an agricultural producer, provided that all of the following apply:

(1) The very small quantity generator pre–registers with the county or its hazardous waste contractor. The registration shall include all of the following:

(a) The registrant’s name and address.

(d) A complete inventory of the pesticides and other department-approved farm chemical wastes that the registrant proposes to deliver for collection.

(2) The county gives each registrant under sub. (1) a receipt that shows all of the following:

(a) The amounts and kinds of pesticides and other department-approved farm chemical wastes actually collected from the registrant.

(b) The amount paid by the registrant, if any.