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)(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)(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(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(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 HistoryHistory: 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 34.14ATCP 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)(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(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 HistoryHistory: 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(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 NoteNote: 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.
ATCP 34.16(3)(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. ATCP 34.16(4)(4) Hazardous waste contractor for permanent or continuous collection. ATCP 34.16(4)(a)(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: ATCP 34.16(4)(a)1.1. Help the grant recipient and very small quantity generators to identify and segregate hazardous and solid wastes. ATCP 34.16(4)(a)2.2. Provide essential waste handling services including drum packing, and pickup, testing for unknown chemicals, containing loose chemicals, and approving cylinders for disposal. ATCP 34.16(4)(a)3.3. Collect, pack, and transport poison solids, poison liquids, and flammables to waste management sites licensed by federal and state governments. ATCP 34.16(4)(a)4.4. 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. ATCP 34.16(4)(a)6.6. Collect and report information related to chemicals that are banned or specially restricted by this state or the United States. ATCP 34.16(4)(a)7.7. Comply with s. ATCP 34.14 if a clean sweep project collects pesticides from very small quantity generators who are not agricultural producers. ATCP 34.16(4)(a)9.9. 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. ATCP 34.16(4)(b)(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). ATCP 34.16 NoteNote: The contractor who manages the state of Wisconsin’s hazardous wastes under the cooperative state purchasing agreement meets applicable requirements under sub. (4) (a).
ATCP 34.16 HistoryHistory: 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 34.18(1)(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: ATCP 34.18(1)(a)(a) The number of persons who delivered chemical waste or if known, unwanted prescription drugs, for collection. ATCP 34.18(1)(b)(b) The types and amounts of chemical wastes and unwanted prescription drugs collected. ATCP 34.18(1)(c)(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. ATCP 34.18(1)(d)(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. ATCP 34.18(1)(f)(f) An estimate of future chemical waste or unwanted prescription drug collection needs. ATCP 34.18(1)(g)(g) The information required under s. ATCP 34.14 (3) if the clean sweep project collects pesticides from very small quantity generators. ATCP 34.18(2)(a)(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). ATCP 34.18(2)(b)(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). ATCP 34.18 HistoryHistory: 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 34.20ATCP 34.20 Contract termination for cause. ATCP 34.20(1)(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: ATCP 34.20(1)(d)(d) Administered the project in a grossly negligent, illegal, or corrupt manner. ATCP 34.20(2)(2) Notice of termination. If the department terminates a grant contract or withholds contract payments under sub. (1), the department shall give the grant recipient written notice specifying the reasons for the department’s action. The ARM division administrator or designee may issue a notice under this subsection. ATCP 34.20(3)(3) Request for reconsideration. A grant recipient adversely affected by a department action under sub. (1) may ask the department to reconsider that action. The grant recipient shall make the request in writing, within 30 days after the grant recipient receives the department’s notice under sub. (2). The request shall include all of the following: ATCP 34.20(3)(a)(a) The grant recipient’s objections to the department’s action, including disputed facts and conclusions. ATCP 34.20(3)(b)(b) The information that supports the grant recipient’s objections. ATCP 34.20(4)(a)(a) If the department receives a written request for reconsideration that complies with sub. (2), the ARM division administrator shall schedule an informal conference with the grant recipient. The ARM division administrator or designee shall hold the informal conference within 10 business days after the department receives the request unless the grant recipient agrees to a later date. ATCP 34.20(4)(b)(b) Following the informal conference under par. (a), the ARM division administrator or designee shall affirm, reverse, or modify the department’s action under sub. (1). The ARM division administrator or designee shall issue the decision in writing within 30 working days after the informal conference, and shall give a copy to the grant recipient. ATCP 34.20(5)(5) Contested case hearing. A grant recipient may request a contested case hearing, pursuant to ch. 227, Stats., and ch. ATCP 1, on a decision under sub. (4) (b). A hearing request shall include the information required under sub. (3) (a) to (d). ATCP 34.20 HistoryHistory: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05.
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