Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 34 - Clean Sweep Program
Section ATCP 34.02 - Definitions

Universal Citation: WI Admin Code ยง ATCP 34.02

Current through August 26, 2024

In this chapter:

(1) "Agricultural producer" means a person who produces agricultural commodities on land that the person owns or controls.

(2) "ARM division administrator" means the administrator of the department's agricultural resource management division.

(3) "Chemical waste" means farm chemical waste or household hazardous waste.

(4) "Clean sweep grant" means a grant under s. 93.55 or 93.57, Stats.

(5) "Clean sweep project" means a project under s. 93.55 or 93.57, Stats., to collect any of the following for disposal:

(a) Farm chemical waste from a source identified under s. ATCP 34.04(4).

(b) Household hazardous waste.

(c) Unwanted prescription drugs.

(6) "Continuous collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on at least 4 days in a calendar year.

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.

(7) "County" means a single county, a regional planning commission, or an association of 2 or more counties.

(8) "Department" means the Wisconsin department of agriculture, trade and consumer protection.

(9) "Farm chemical waste" means waste pesticides or other waste chemicals manufactured for agricultural use. "Farm chemical waste" includes farm chemical containers and contaminated farm chemicals that cannot be accepted by recycling or other disposal programs.

(10) "Grant recipient" means a county or municipality that receives a clean sweep grant, and includes an agent of that county or municipality.

(11) "Hazardous waste" has the meaning given in s. 291.01(7), Stats.

(12) "Hazardous waste contractor" means a person who is licensed and permitted under applicable federal and state laws to collect, pack, transport, and dispose of hazardous waste.

(13) "Household hazardous waste" means a household waste as defined in s. NR 661.0004(2) (a) that would be a hazardous waste under ch. NR 661, except that it is exempt under s. NR 661.0004.

(13m) "In-kind costs" means a payment given in goods, commodities, or services, rather than money.

(14) "Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, or metropolitan sewage district. "Municipality" includes a regional planning commission or an association of 2 or more municipalities.

(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.

(15) "Pesticide" has the meaning given in s. 94.67(25), Stats.

(16) "Resource conservation and recovery act" has the meaning given in s. 291.01, Stats.

(17) "Temporary collection" means a clean sweep project that collects chemical waste or unwanted prescription drugs on fewer than 4 days in a calendar year.

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.

(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), Stats.

2. A nonprescription drug product as defined in s. 450.01(13m), Stats.

3. A veterinary prescription drug as defined in s. 89.02(11), Stats.

4. A veterinary over-the-counter drug as defined in s. 89.02(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.

(18) "Very small quantity generator" has the meaning given in s. NR 660.10(139).

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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