Wisconsin Legislature: ATCP 34.08(2)(b)

(d) Minimum grant eligibility criteria, including the minimum county or municipal funding contribution required under s. ATCP 34.04 (5).

(e) Grant application deadlines and procedures.

(f) Grant evaluation criteria, including the criteria in s. ATCP 34.08 (2) and the weights that the department will give to those criteria.

(g) Other grant application terms and conditions that the department deems appropriate.

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.

(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:

(a) The purpose and scope of the proposed clean sweep project, including all of the following:

1. The targeted waste collection area.

2. Types of wastes collected.

3. The agricultural or household populations served.

(b) The proposed collection sites, if known.

(d) The proposed collection facilities, if known.

(e) Any relevant limitations that the applicant will impose on waste collections.

(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.

(g) The hazardous waste contractor who will handle, transport and dispose of hazardous waste or unwanted prescription drugs collected in the clean sweep project.

(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:

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

2. Provide information to help the target population minimize, safely handle, and safely dispose of chemical waste.

(k) The proposed budget for the clean sweep project, and the amount of funding requested from the department.

(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.

(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.

(n) Other relevant information that the department requires in its announcement under sub. (2).

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.

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 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 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 34.10 Grant 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 34.12 Grant 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 34.14 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:

(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.

(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 34.16 Hazardous 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.