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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 34.08Evaluating 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 34.10Grant 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 34.12Grant 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 34.14Collecting 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.
(c) The registrant’s certification that the registrant is a very small quantity generator under s. NR 662.014.
(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.
(3)The county keeps a record of all the following, and includes that record in its final report under s. ATCP 34.18 (1):
(a) The name and address of the very small quantity generator.
(b) The types and amounts of pesticides and other department-approved farm chemical wastes actually collected from the very small quantity generator.
(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.
(d) The total of all payments received from the very small quantity generator, if any.
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 34.16Hazardous waste.
(1)County or municipality responsible as waste generator.
(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.
(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.
(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.
(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.
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.
(3)Hazardous waste contractor for temporary collection. For a temporary collection, a grant recipient shall contract under sub. (2) with the hazardous waste contractor that manages the state of Wisconsin’s hazardous wastes under the cooperative state purchasing agreement.
(4)Hazardous waste contractor for permanent or continuous collection.
(a) For a permanent or continuous collection, a grant recipient shall contract under sub. (2) with a hazardous waste contractor that is qualified to do the following:
1. Help the grant recipient and very small quantity generators to identify and segregate hazardous and solid wastes.
2. Provide essential waste handling services including drum packing, and pickup, testing for unknown chemicals, containing loose chemicals, and approving cylinders for disposal.
3. Collect, pack, and transport poison solids, poison liquids, and flammables to waste management sites licensed by federal and state governments.
4. Provide waste collection and disposal services for mercury–bearing and dioxin–bearing chemicals, acids, bases, lead paint, and low pressure gas cylinders and canisters, unless there are no federally–approved or state–approved disposal options for the materials.
5. Provide services under s. ATCP 34.04 (3) (g) if there are no federally-approved or state-approved disposal options.
6. Collect and report information related to chemicals that are banned or specially restricted by this state or the United States.
7. Comply with s. ATCP 34.14 if a clean sweep project collects pesticides from very small quantity generators who are not agricultural producers.
8. Comply with other requirements specified in the department’s announcement under s. ATCP 34.06 (2).
9. Comply with applicable state and federal laws relating to the segregation, packing, and transportation of unwanted prescription drugs, including controlled substances, if unwanted prescription drugs are collected.
(b) The department may require a grant recipient to submit proof that the hazardous waste contractor selected by the grant recipient complies with par. (a), and may disapprove a contractor who does not comply with par. (a).
Note: The contractor who manages the state of Wisconsin’s hazardous wastes under the cooperative state purchasing agreement meets applicable requirements under sub. (4) (a).
History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: am. (1) (a), (2), (3), (4) (title), (a), cr. (4) (a) 9. Register June 2015 No. 714, eff. 7-1-15.
ATCP 34.18Reports and payments.
(1)Final report. A grant recipient shall provide the department with a final report on a clean sweep project within 60 days after the grant recipient completes the project. The department may grant an extension, not to exceed 45 days, if requested within the 60-day period. The final report shall include all of the following:
(a) The number of persons who delivered chemical waste or if known, unwanted prescription drugs, for collection.
(b) The types and amounts of chemical wastes and unwanted prescription drugs collected.
(c) The total cost of the project. The report shall include supporting documentation, including invoices for the transportation and disposal of chemical waste and unwanted prescription drugs.
(d) An evaluation of the project, including the need for future clean sweeps projects, if any, and the appropriate timing of those projects, an identification of problems and possible solutions, the public information program conducted in connection with the project, and suggestions on how to collect chemical waste or unwanted prescription drugs in the future.
(f) An estimate of future chemical waste or unwanted prescription drug collection needs.
(g) The information required under s. ATCP 34.14 (3) if the clean sweep project collects pesticides from very small quantity generators.
(2)Payment.
(a) Except as provided in par. (b), the department may not distribute any grant funds under this chapter until the recipient completes the clean sweep project and submits its final report to the department under sub. (1). The department shall pay the full grant award, less any amount withheld under s. ATCP 34.20 (1), within 60 days after the department accepts the recipient’s final report under sub. (1).
(b) A grant contract for a permanent or continuous collection may provide for partial payments during the collection not to exceed two payments. The grant recipients shall file an interim report prior to each partial payment. The interim reports shall contain information, required by the grant contract, including interim information of the type required in sub. (1).
History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05; CR 14-007: am. (1) (intro.), (a) to (d), r. (1) (e), am. (1) (f), (2) (a), (b) Register June 2015 No. 714, eff. 7-1-15.
ATCP 34.20Contract termination for cause.
(1)The department may terminate a clean sweep grant contract, and withhold some or all contract payments, if the department finds that the grant recipient or the grant recipient’s agent has done any of the following:
(a) Violated this chapter or the grant contract.
(b) Failed to perform the clean sweep project.
(c) Obtained the grant contract by fraud or illegal conduct.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.