Chapter ATCP 34

ATCP 34.06 ATCP 34.06 Grant applications.

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

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

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)(e) (e) Grant application deadlines and procedures.

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)(a)1. 1. The targeted waste collection area.

ATCP 34.06(3)(a)2. 2. Types of wastes collected.

ATCP 34.06(3)(a)3. 3. The agricultural or household populations served.

ATCP 34.06(3)(b) (b) The proposed collection sites, if known.

ATCP 34.06(3)(c) (c) The proposed collection dates, if known.

ATCP 34.06(3)(d) (d) The proposed collection facilities, if known.

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

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.

ATCP 34.08(2)(c) (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.

ATCP 34.08(2)(d) (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:

ATCP 34.08(2)(d)1. 1. Reach and involve target audiences holding chemical wastes or unwanted prescription drugs.

ATCP 34.08(2)(d)2. 2. Minimize future generation of chemical waste or unwanted prescription drugs.

ATCP 34.08(2)(e) (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.

ATCP 34.08(2)(f) (f) The applicant’s capacity to perform. The department may give priority to applicants that demonstrate effective preparation, expertise, capacity, and commitment.

ATCP 34.08 History 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 ATCP 34.10 Grant awards.

ATCP 34.10(1) (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).

ATCP 34.10(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).

ATCP 34.10(3) (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.

ATCP 34.10(3m) (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).

ATCP 34.10 Note 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.

ATCP 34.10(4) (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.

ATCP 34.10 History 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 ATCP 34.12 Grant contracts.

ATCP 34.12(1) (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.

ATCP 34.12(2) (2) Contents. A contract under sub. (1) shall include all of the following:

ATCP 34.12(2)(a) (a) The amount of the grant award.

ATCP 34.12(2)(b) (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.

ATCP 34.12(2)(c) (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.

ATCP 34.12(2)(d) (d) The nature and amount of the grant recipient’s contribution under s. ATCP 34.04 (5).

ATCP 34.12(2)(e) (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.

ATCP 34.12(2)(g) (g) The grant recipient’s agreement to comply with applicable requirements under this chapter.

ATCP 34.12(2)(h) (h) Other contract terms specified by the department.

ATCP 34.12(3) (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:

ATCP 34.12(3)(a) (a) Cancel one or more of the grants.

ATCP 34.12(3)(b) (b) Reduce grant amounts.

ATCP 34.12(4) (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.

ATCP 34.12 History 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 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:

ATCP 34.14(1) (1) The very small quantity generator pre–registers with the county or its hazardous waste contractor. The registration shall include all of the following:

ATCP 34.14(1)(a) (a) The registrant’s name and address.

ATCP 34.14(1)(c) (c) The registrant’s certification that the registrant is a very small quantity generator under s. NR 662.014.

ATCP 34.14(1)(d) (d) A complete inventory of the pesticides and other department-approved farm chemical wastes that the registrant proposes to deliver for collection.

ATCP 34.14(2) (2) The county gives each registrant under sub. (1) a receipt that shows all of the following:

ATCP 34.14(2)(a) (a) The amounts and kinds of pesticides and other department-approved farm chemical wastes actually collected from the registrant.

ATCP 34.14(2)(b) (b) The amount paid by the registrant, if any.

ATCP 34.14(3) (3) The county keeps a record of all the following, and includes that record in its final report under s. ATCP 34.18 (1):

ATCP 34.14(3)(a) (a) The name and address of the very small quantity generator.

ATCP 34.14(3)(b) (b) The types and amounts of pesticides and other department-approved farm chemical wastes actually collected from the very small quantity generator.

ATCP 34.14(3)(c) (c) The total cost to collect and dispose of the pesticides and other department-approved farm chemical wastes collected from the very small quantity generator.

ATCP 34.14(3)(d) (d) The total of all payments received from the very small quantity generator, if any.

ATCP 34.14 History History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register March 2012 No. 675; CR 14-007: r. (1) (b) Register June 2015 No. 714, eff. 7-1-15; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register August 2020 No. 776.

ATCP 34.16 ATCP 34.16 Hazardous waste.

ATCP 34.16(1) (1) County or municipality responsible as waste generator.

ATCP 34.16(1)(a) (a) Except as provided in par. (b) or (c), a grant recipient shall take responsibility, as a hazardous waste generator under the resource conservation and recovery act, for hazardous waste, as well as unwanted prescription drugs, that the grant recipient collects under a funded clean sweep project. As a hazardous waste generator, the grant recipient shall comply with applicable requirements under s. 291.21, Stats., and the resource conservation and recovery act related to that hazardous waste.

ATCP 34.16(1)(b) (b) A grant recipient is not a hazardous waste generator under par. (a) with respect to wastes that are exempt from regulation as hazardous wastes under s. 291.21, Stats., and the resource conservation and recovery act, even if the grant recipient manages those wastes as hazardous wastes after collecting them.

ATCP 34.16(1)(c) (c) A grant recipient is not a hazardous waste generator under par. (a) with respect to hazardous waste collected from a very small quantity generator.

ATCP 34.16(2) (2) Hazardous waste contractor; general. A grant recipient shall contract with a hazardous waste contractor to receive, pack, transport, and dispose of hazardous wastes or unwanted prescription drugs collected under the funded clean sweep project. The hazardous waste contractor shall comply with applicable requirements under this chapter.

ATCP 34.16 Note Note: Management of controlled substances must follow the regulations under the federal drug enforcement administration’s final rule for the disposal of controlled substances, which implements the Secure and Responsible Drug Disposal Act of 2010, and includes using law enforcement to handle controlled substances where applicable.