Section 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.

(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) .

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.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 The contractor who manages the state of Wisconsin's hazardous wastes under the cooperative state purchasing agreement meets applicable requirements under sub. (4) (a). Microsoft Windows NT 6.1.7601 Service Pack 1