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Note: Grant recipients will be responsible for verifying that any clean sweep project in which a collection is made by a “temporary collection facility” or “permanent collection facility” as defined in s. NR 666.901 meet all applicable ch. NR 666 regulations.
SECTION 5 ATCP 34.02 (13m) is created to read:
ATCP 34.02 (13m) “In-kind costs” means a payment given in goods, commodities or services, rather than money.
  SECTION 6 ATCP 34.02 (14g) and (Note) are created to read:
  ATCP 34.02 (14g) “Permanent collection” means a clean sweep project that collects chemical waste or unwanted prescription drugs under this program during at least 6 months of the year and includes permanent infrastructure for waste collection.
Note: A clean sweep project for which a collection is made by a “permanent collection facility” as defined in s. NR. 666.901 (5) must meet all applicable ch. NR 666 regulations.
  SECTION 7 ATCP 34.02 (17) is amended to read:
 
ATCP 34.02 (17) “Temporary collection event means a clean sweep project that collects chemical waste or unwanted prescription drugs on fewer than 4 days in a calendar year.
  SECTION 8 ATCP 34.02 (17) (Note) is created to read:
Note: A clean sweep project for which a collection is made by a “temporary collection facility” as defined in s. NR 666.901 (6) must meet all applicable NR 666 regulations.
  SECTION 9 ATCP 34.02 (17g) and (17r) (a) and (b) are created to read:
  ATCP 34.02 (17g) “Total project cost” means the sum of all reimbursable direct costs, as provided under s. ATCP 34.04 (2), and in-kind costs.
(17r) (a) Except as provided under par. (b), unwanted prescription drug” means
any
of the following if lawfully possessed by an individual for the individual’s own use, for the use of a member of the individual’s household, or for the use of an animal owned by the individual or a member of the individual’s household, and if located in or comes from a place where the individual, a member of the individual’s household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the unwanted prescription drug:
1.
A prescription drug, as defined in s. 450.01(20);
2.
A nonprescription drug product as defined in s. 450.01 (13m), Stats.
3.
A veterinary prescription drug as defined in s. 453.02 (11), Stats.
4.
A veterinary over-the-counter drug as defined in s. 453.02 (10), Stats.
5.
A delivery device with a needle that contains a prescription drug or veterinary prescription drug such as a pre-filled syringe or auto-injector, but not intravenous bags or tubing.
(b) An unwanted prescription drug does not include any of the following:
1. Chemotherapy drugs.
2. Trace chemotherapy waste as defined in s. NR 500.03 (237m).
3. Any item containing elemental mercury, such as a thermometer.
4. Infectious waste as defined in s. 287.07 (7) (c) 1.c., Stats.
  SECTION 10 ACTP 34.02 (18) is amended to read:
  ATCP 34.02 (18) “Very small quantity generator” has the meaning given in s. NR 666.220 660.10 (139).
  SECTION 11 ATCP 34.04 (1) (a) 3. is created to read:
 
ATCP 34.04 (1) (a) 3. Unwanted prescription drugs.
  SECTION 12 ATCP 34.04 (1) (b) and (2) (b) and (c) are amended to read:
  ATCP 34.04 (1) (b) The department may award a clean sweep grant to a municipality for a clean sweep project to collect household hazardous waste or unwanted prescription drugs.
  ATCP 34.04 (2) (b) Direct costs for equipment rentals, supplies and services used to operate the collection site and handle collected chemical waste or unwanted prescription drugs.
(c) Direct costs for county or municipal staff to receive and pack chemical waste at a continuous or permanent collection event.
  SECTION 13 ATCP 34.04 (2) (e) to (g) are created to read:
  ATCP 34.04 (2) (e) Direct costs for purchase and installation of permanent drug drop boxes for unwanted prescription drugs.
  (f) Direct costs to hire a qualified waste contractor to receive, pack, transport and dispose of unwanted prescription drugs.
  (g) Direct costs for the collection and disposal of mercury containing devices including thermometers or thermostats, are acceptable under household hazardous waste collections.
  SECTION 14 ATCP 34.04 (3) (h) to (k) are created to read:
  ATCP 34.04 (3) (h) Infectious waste as defined by s. 287.07 (7) (c) 1. c., Stats.
  (i) Personal care products including soap, shampoo, and toothpaste.
  (j) Medical devices or oxygen-containing devices for which another collection, disposal or recycling option is available.
  (k) Hypodermic needles or lancets.
SECTION 15 ATCP 34.04 (5) (b) (intro.) is amended to read:
  ATCP 34.04 (5) (b) For a continuous or permanent collection event, 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:
  SECTION 16 ATCP 34.06 (1) (Note) is created to read:
  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.
  SECTION 17 ATCP 34.06 (2) (intro.) and (a) are amended to read:
  ATCP 34.06 (2) Announcement Soliciting Grant Applications. The department shall issue an written 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 no less than $400,000 for farm chemical waste collection grants and no less than $200,000 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.
  SECTION 18 ATCP 34.06 (3) (intro.) and (a) 2. are amended to read:
  ATCP 34.06 (3) Application Contents. A county or municipality shall submit its grant application under sub. (1) on a form provided 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) 2. Whether the project will collect farm chemical waste, household hazardous waste or both. Types of wastes collected.
  SECTION 19 ATCP 34.06 (3) (a) 4. and (Note) are repealed.
  SECTION 20 ATCP 34.06 (3) (b) to (d), (f) and (g) are amended to read:
(b) The proposed collection sites, if known.
(c) The proposed collection dates and times, if known.
(d) The proposed collection facilities and procedures , if known.
  (f) A schedule of fees, if any, which the applicant proposes to charge to persons from whom it collects waste chemicals 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.
  SECTION 21 ATCP 34.06 (3) (h) and (i) are repealed.
  SECTION 22 ATCP 34.06 (3) (m) and (Note) are amended to read:
  (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. If the project will involve multiple units of government, the application shall describe the role of each actively participating government unit.
Note: Copies of theThe grant application form 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.
  SECTION 23 ATCP 34.08 (1), (2) (title) and (intro.), and (a) to (e) are amended to read:
  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 conduct this review before the department ranks eligible grant applications under sub. (2). 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) Ranking Evaluating eligible grant applications. The department shall rank 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. The department may give priority to projects that do one or more of the following:
  1. Collect both farm chemical waste and household hazardous waste.
  2. Collect a wide variety of chemical wastes.
  3. Collect waste pesticides from very small quantity generators.
  4. Effectively target chemical wastes of special concern in the project area.
  (b) The extent to which the project coordinates the efforts of state and local government and other interested parties. The department may give priority to projects that achieve cost efficiencies by combining the efforts of counties, municipalities, or counties and municipalities.
  (c) The convenience of the collection service. The department may give priority to projects offering conveniences, such as continuous collection events 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.
  SECTION 24 ATCP 34.08 (2) (g) and (h) are repealed.
  SECTION 25 ATCP 34.10 (2) and (3) are amended to read:
  ATCP 34.10 (2) Farm chemical waste collection projects. The department shall annually award clean sweep grants for farm chemical waste collection projects based on the ranking evaluation under s. ATCP 34.08 (2). The department shall annually award grants totaling at least $400,000 for farm chemical waste collection projects, subject to eligible grant application requests and available appropriations.
  (3) Household hazardous waste collection projects. The department shall annually award clean sweep grants for household hazardous waste collection projects based on the ranking evaluation under s. ATCP 34.08 (2). The department shall annually award grants totaling at least $200,000 for household hazardous waste collection projects, subject to eligible grant application requests and available appropriations a minimum of two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va), Stats.
  SECTION 26 ATCP 34.10 (3m) and (Note) are created to read:
  ATCP 34.10 (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).
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