Current through August 26, 2024
(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.
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.
(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.
Note 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.
(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).
