Return...

Clean Sweep Rule Revision

We are proposing changes to ATCP 34, the administrative rule that details the Wisconsin Clean Sweep program, which provides grants to local communities to assist in collecting and disposing of various hazardous materials. The Clean Sweep program has operated for nearly 25 years, starting with agricultural chemicals and then adding household hazardous wastes and unwanted prescription drugs to the materials collected. Many of the proposed changes result from the fact that the program has grown and matured. Communities hosting Clean Sweeps have experience in running their collections and handling the materials, and they recommended some of these changes. Other proposed changes result from amendments to the statute that created the program.

The proposed changes would update rule provisions, add standards for the prescription drug component of the program, resolve conflicts between the statute and the existing rule, and permit electronic grant applications. This rule does not affect the level of available funding for Clean Sweep.

You can comment on the proposals until 4:30 p.m. Wednesday, March 5.

Current ATCP 34
Summary of proposed changes
Hearing draft 
Edited ATCP 34 - for information purposes only
Hearing schedule
How to comment
Contact information  

Summary of Proposed Changes

The proposed changes include:
  • Adding "unwanted prescription drugs" to the list of definitions in the rule. This includes Schedule II to V controlled substances; other drugs that can be prescribed for humans, including analgesics, anti-inflammatory drugs, gastrointestinal drugs, inhalers and antihistamines; and some veterinary drugs.
  • Changing the term "event" to "collection" in the rule to reflect the trend toward multiple collections or permanent collection sites, rather than one- or two-day events; redefining temporary and continuous collections; and adding a definition for permanent collections.  A temporary collection would be defined as one that operates five or fewer days in a calendar year. A continuous collection would change to one that operates six or more days in the year, and a permanent collection would means one that operates at least at least six months of the year and has a permanent infrastructure. Grantees holding temporary collections will still be required to use the state hazardous waste contractor as their waste hauler. Those holding continuous or permanent collections may contract with other haulers. Applicants would no longer have to provide specific dates, locations and facilities for collections.
  • Allowing local governments to request funds to buy and install drug drop boxes, where residents can dispose of prescription and veterinary drugs.  The current rule does not allow Clean Sweep funds to be used to buy permanent equipment. 
  • Allowing local governments to request reimbursement for disposal of "sharps" that contain medication, such as EpiPens® or prefilled syringes.  Disposal costs for needles or lancets would remain ineligible for reimbursement.
  • Changing the rule to require that at least two-thirds of available funding go to household hazardous waste collections.  This reflects a change in the statute, as well as the increasing demand for household hazardous waste disposal and decreasing demand for agricultural chemical disposal.
  • Specifying that DATCP will designate a means of applying for grants.  The rule now requires that applicants use paper forms provided by DATCP. The change leaves room for other types of applications, such as electronic or online forms.
  • Changes to the criteria for assessing grant applications.  Evaluating applications for safety and suitability is no longer necessary, because local coordinators and their staffs are so experienced. Previously, we placed a priority on coordination across multiple jurisdictions. We still encourage such coordination, but local coordinators have taken it upon themselves to do so and it is no longer necessary to make it a top priority.
  • Dropping the requirement that the contract between the grant recipient and DATCP include the recipient's contract with a hazardous waste hauler.
  • Specifying that the department can cancel grants if there is not enough money to cover them.
  • Removing the requirement that local coordinators get the license status of very small quantity generators (VSQG) licensed under ATCP 29.  They will need to get the name and address of the VSQG, but DATCP can determine license status with that information.
  • Ending the requirement that hazardous waste contractors attend training sessions provided by DATCP.  This was necessary in the program's early days, but contractors now are experienced and familiar with the program rules.
  • Allows a 45-day extension of the final report deadline; consolidates some required elements of the report; and removes the requirement for estimations of future collection needs and timing, and suggestions for collecting chemical waste.  Again, this is no longer necessary when program participants are experienced. 

Hearing Schedule

Jefferson:  Feb. 17, 1-4 p.m., University of Wisconsin Extension-Jefferson County, Rooms 8-9, 864 Collins Road  Map

Eau Claire:  Feb. 18, 1-4 p.m., Department of Natural Resources Service Center, Rooms 185 and 158, 1300 W. Clairemont Ave.  Map 

Appleton:  Feb. 19, 1-4 p.m., Outagamie County Solid Waste and Recycling, Recycling Facility Education Room, 1419 N. Holland Road  Map 

To request a sign language interpreter for any of the hearings, contact Jane Larson via mail, email, or phone no later than Monday, Feb. 3:

Email    jane.larson@wi.gov
TDD     608-224-5058
Mail      DATCP-ARM
             P.O. Box 8911
            Madison, WI   53708-8911

How to Comment

The comment period will remain open until 4:30 p.m. Wednesday, March 5. You may comment orally and/or turn in written comments at any of the public hearings listed above. You may send written comments in three ways:

Mail     Jane Larson
             DATCP-ARM
             P.O. Box 8911
             Madison, WI   53708-8911

Email    jane.larson@wi.gov

Online    

For more information

Contact Jane Larson, 608-224-4545, jane.larson@wi.gov