Chapter ATCP 34

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)5. 5. Provide services under s. ATCP 34.04 (3) (g) if there are no federally-approved or state-approved disposal options.

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)8. 8. Comply with other requirements specified in the department’s announcement under s. ATCP 34.06 (2).

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 Note 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).

ATCP 34.16 History 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 34.18 ATCP 34.18 Reports and payments.

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) (2) Payment.

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 History 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 34.20 ATCP 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)(a) (a) Violated this chapter or the grant contract.

ATCP 34.20(1)(b) (b) Failed to perform the clean sweep project.

ATCP 34.20(1)(c) (c) Obtained the grant contract by fraud or illegal conduct.

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(3)(c) (c) The legal basis for the grant recipient’s objections.

ATCP 34.20(3)(d) (d) The requested remedy.

ATCP 34.20(4) (4) Informal conference.

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 History History: CR 04-039: cr. Register December 2004 No. 588, eff. 1-1-05.