Section 34.04. Grants to counties and municipalities.

 

(1)   General.

(a) The department may award a clean sweep grant to a county for a clean sweep project to collect any of the following:

1. Farm chemical waste from a source identified in sub. (4) .

2. Household hazardous waste.

3. Unwanted prescription drugs.

(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.

(c) A grant recipient under par. (a) or (b) may, with the department's approval, contract with another person or entity to administer the clean sweep project on behalf of the grant recipient.

(2)   Permitted uses. A clean sweep grant under sub. (1) may reimburse a grant recipient's direct costs for a clean sweep project, including any of the following:

(a) Direct costs to hire a hazardous waste contractor to receive, pack, transport, and dispose of chemical waste.

(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.

(d) Direct costs for local educational and promotional activities related to the clean sweep project.

(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, [that] are acceptable under [at] household hazardous waste collections.

(3)   Prohibited uses. A grant under sub. (1) may not fund the collection or disposal of any of the following:

(a) Oil, unless the oil is contaminated with chemical waste.

(b) Contaminated soil or debris, except for small quantities that the department specifically approves in advance on a case-by-case basis.

(c) Triple–rinsed plastic pesticide containers.

(d) Materials that are handled by other waste disposal or recycling programs.

(e) Batteries, non-mercury bulbs, florescent tubes, tires, electronics, freon appliances or antifreeze.

(f) Farm chemical waste from sources other than those identified in sub. (4) .

(g) Chemical waste for which there is no federally–approved or state–approved disposal method. If a grant recipient receives a chemical waste for which there is no approved disposal method, the grant recipient shall do all of the following:

1. Securely repackage the chemical waste and return it to the person who delivered it.

2. Record the person's name and address, and the type and amount of chemical waste returned to that person.

3. Inform the person that, if an approved disposal method becomes available, the department will attempt to notify the person at the address recorded under subd. 2.

4. Report to the department the information recorded under subd. 2.

(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.

(4)   Farm chemical waste. A grant under sub. (1) (a) may reimburse a county's cost to collect and dispose of any of the following:

(a) Farm chemical waste received from an agricultural producer, or from a person who holds the farm chemical waste from farming operations conducted on property that the person now owns or controls.

(b) Waste pesticides and other department-approved farm chemical wastes that the county receives from a very small quantity generator who is not an agricultural producer, provided that all of the following apply:

1. The department, in its announcement under s. ATCP 34.06 (2) , specifies the percentage rate at which the department will reimburse that cost. The percentage rate may not exceed 50%, except that the ARM division administrator may approve a higher percentage rate for individual disposal problems that warrant the higher rate. The ARM division administrator shall consider the chemicals involved, the environmental setting, the exposure risks, the responsibility or culpability of the parties, and disposal options available to the parties.

2. The clean sweep project complies with s. ATCP 34.14 .

(5)   County or municipal contribution.

(a) A grant recipient under sub. (1) shall fund a portion of each clean sweep project for which the grant is awarded. The department's announcement under s. ATCP 34.06 (2) shall specify a required minimum contribution that is at least 25% of the total project cost.

(b) For a continuous or permanent collection, 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:

1. The value of staff services provided for the event.

2. The rental value of facilities or equipment provided for the event.

(6)   Collecting Waste From Very small quantity generators. A grant recipient under sub. (1) may collect hazardous waste from a very small quantity generator, regardless of whether the collection cost is eligible for reimbursement under this chapter. Except as provided in sub. (4) , the grant recipient may not include the collection costs in its grant-eligible expenses under sub. (2) or in its local contribution under sub. (5) .

CR 04-039 : cr. Register December 2004 No. 588 , eff. 1-1-05; CR 14-007 : cr. (1) (a) 3., am. (1) (b), (2) (b), (c), cr. (2) (e) to (g), (3) (h) to (k), am. (5) (b) (intro.) Register June 2015 No. 714 , eff. 7-1-15.

Note

"That" was inadvertently omitted from CR 14-007 . "At" should have been used in place of "under". Corrections will be made in future rulemaking. Microsoft Windows NT 6.1.7601 Service Pack 1 A grant recipient is responsible for managing chemical waste in compliance with applicable law. This chapter does not expand or limit the application of state or federal hazardous waste laws administered by the Wisconsin department of natural resources. This chapter does not authorize or require a grant recipient to serve as an enforcement agency, nor does it require a grant recipient to indemnify persons that violate state or federal law. Participation in a clean sweep project does not relieve any person of the duty to comply with applicable law, or indemnify that person for any liability to which that person is subject. Microsoft Windows NT 6.1.7601 Service Pack 1