reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.12 - Grant contracts

Current through June 24, 2024
(1) GENERAL. The department shall enter into
				a written grant contract with each grant recipient, specifying the terms and
				conditions of the grant. No grant award under s.
				ATCP 34.10 is final
				until the grant contract is signed. The contract may incorporate, by reference,
				all or part of the grant application.
(2) CONTENTS. A contract under sub. (1) shall
				include all of the following:
(a) The amount
				of the grant award.
(b) The
				purposes for which the grant award may be used. The contract may identify those
				purposes by reference to this chapter, the department's announcement under s.
				ATCP
				34.06(2), or the grant
				application.
(c) The grant
				recipient's responsibilities under the contract. The contract may identify
				those responsibilities by reference to this chapter, the department's
				announcement under s.
				ATCP
				34.06(2), or the grant
				application.
(d) The nature and
				amount of the grant recipient's contribution under s.
				ATCP
				34.04(5).
(e) The grant recipient's responsibility as a
				hazardous waste generator, under s.
				ATCP
				34.16(1), for hazardous waste
				collected by the clean sweep project.
(g) The grant recipient's agreement to comply
				with applicable requirements under this chapter.
(h) Other contract terms specified by the
				department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.14 - Collecting waste pesticides from very small quantity generators

Current through June 24, 2024
A county may collect waste pesticides and other
				  department-approved farm chemical wastes from a very small quantity generator
				  who is not an agricultural producer, provided that all of the following
				  apply:
(1) The very small quantity
				generator pre-registers with the county or its hazardous waste contractor. The
				registration shall include all of the following:
(a) The registrant's name and
				address.
(c) The registrant's
				certification that the registrant is a very small quantity generator under s.
				NR 662.014.
(d) A complete
				inventory of the pesticides and other department-approved farm chemical wastes
				that the registrant proposes to deliver for collection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.16 - Hazardous waste

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.18 - Reports and payments

Current through June 24, 2024
(1) FINAL REPORT. A grant recipient shall
				provide the department with a final report on a clean sweep project within 60
				days after the grant recipient completes the project. The department may grant
				an extension, not to exceed 45 days, if requested within the 60-day period. The
				final report shall include all of the following:
(a) The number of persons who delivered
				chemical waste or if known, unwanted prescription drugs, for
				collection.
(b) The types and
				amounts of chemical wastes and unwanted prescription drugs collected.
(c) The total cost of the project. The report
				shall include supporting documentation, including invoices for the
				transportation and disposal of chemical waste and unwanted prescription
				drugs.
(d) An evaluation of the
				project, including the need for future clean sweeps projects, if any, and the
				appropriate timing of those projects, an identification of problems and
				possible solutions, the public information program conducted in connection with
				the project, and suggestions on how to collect chemical waste or unwanted
				prescription drugs in the future.
(f) An estimate of future chemical waste or
				unwanted prescription drug collection needs.
(g) The information required under s.
				ATCP
				34.14(3) if the clean sweep project
				collects pesticides from very small quantity generators.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.20 - Contract termination for cause

Current through June 24, 2024
(1) The department
				may terminate a clean sweep grant contract, and withhold some or all contract
				payments, if the department finds that the grant recipient or the grant
				recipient's agent has done any of the following:
(a) Violated this chapter or the grant
				contract.
(b) Failed to perform the
				clean sweep project.
(c) Obtained
				the grant contract by fraud or illegal conduct.
(d) Administered the project in a grossly
				negligent, illegal or corrupt manner.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.01 - Definitions

Current through June 24, 2024
(1) "Active groundwater remediation" means
				active physical, biological or chemical manipulation of groundwater, or of the
				rock or soil media in which groundwater is situated, for the purpose of
				reducing the amount of agricultural chemical contamination or minimizing the
				spread of contamination. "Active groundwater remediation" includes treatment by
				means of aeration, bio-augmentation, planned nutrient loading or pump-and-treat
				methods.
(2) "Active soil
				remediation" means active physical, biological or chemical manipulation of soil
				for the purpose of reducing the amount of agricultural chemical contamination
				in soil. "Active soil remediation" includes treatment by means of excavation
				and landspreading, aeration, bio-augmentation or planned nutrient
				loading.
(3) "Agricultural
				chemical" means a substance that is a fertilizer or a nonhousehold pesticide,
				and that is a hazardous substance as defined in s.
				299.01(6),
				Stats.
(4) "Agricultural chemical
				cleanup council" means the council appointed under s.
				ATCP
				35.34.
(5)
				"Approved corrective action costs" means eligible corrective action costs which
				the department has approved for reimbursement under s.
				ATCP
				35.08(4).
(6) "Approved workplan" means a workplan for
				corrective action that is approved by the department under s.
				ATCP 35.18(1)
				(a).
(7) "Commercial application business" has the
				meaning given under s.
				94.67(5),
				Stats.
(7m) "Contiguous land" means
				land included in the same parcel or an adjacent parcel. "Contiguous land"
				includes parcels that are separated only by a road, railway, or utility
				right-of-way, or by a government-owned land corridor or waterway not wider than
				66 feet.
(8) "Contractor" means a
				person who contracts to perform all or part of a corrective action.
				"Contractor" includes a consultant, general contractor or subcontractor who
				contracts to perform all or part of a corrective action, but does not include a
				responsible person or an employee of a responsible person.
(9) "Contract services" means services
				provided by a contractor as part of a corrective action. "Contract services"
				includes all of the following services:
(a)
				Excavating.
(b) Trucking.
(c) Landspreading.
(d) Waste disposal services.
(e) Drilling, including at-depth soil
				sampling and well installation.
(f)
				Laboratory services.
(g)
				Professional consulting services.
(h) General contractor services.
(i) Other services provided by
				contractors.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.02 - Corrective action order

Current through June 24, 2024
(1) GENERAL. The department may issue an
				order requiring a responsible person to take a corrective action. An order
				under this subsection shall include all of the following:
(a) The name and address of the responsible
				person.
(b) A description of the
				property on which the responsible person is required to take corrective
				action.
(c) A description of the
				corrective action which the responsible person is required to take.
(d) A date by which the responsible person is
				required to complete the corrective action.
(e) Notice that the corrective action is
				required to comply with the following:
1.
				Applicable department rules under chs.
				ATCP
				29 to
				33 and this chapter.
2. Applicable rules of the department of
				natural resources under chs.
				NR
				700, 706, 708 and 712 to 727.
Note:
For corrective actions under this chapter,
				  the department is authorized to review compliance with chs.
				  NR
				  700, 706, 708, and 712 to 727, and to grant required
				  approvals and variances under those chapters on behalf of the department of
				  natural resources.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.03 - Landspreading

Current through June 24, 2024
(1) SOIL.
(a) No person may landspread soil that is
				removed from a discharge site, and contains an agricultural chemical, unless
				the department issues to that person a permit authorizing that landspreading.
				Landspreading shall comply with conditions that the department specifies in the
				permit.
(b) An individual who
				landspreads soil containing a pesticide is deemed, for purposes of licensing
				and certification under ss.
				ATCP
				29.25 to
				29.27, to be applying that pesticide.
Note: Landspreading is a potential method for destroying or
				  recycling agricultural chemicals removed from a discharge site as part of a
				  corrective action. The department may approve landspreading which applies
				  agricultural chemicals at rates that are comparable to normal agronomic
				  practice.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.06 - Application for reimbursement

Current through June 24, 2024
(1) APPLICATION
				REQUIRED. A responsible person who seeks reimbursement of corrective action
				costs shall complete and submit to the department all of the following:
(a) An "application cover sheet" containing
				all of the following:
1. The responsible
				person's name and address.
2. The
				name and address of the person directing the corrective action on behalf of the
				responsible person, if other than the responsible person.
3. A statement indicating whether the
				responsible person has applied or will apply to another government agency for
				reimbursement of corrective action costs incurred for the same discharge
				site.
4. Other relevant information
				requested by the department.
5. The
				last date for which an eligible corrective action cost paid by the responsible
				person is being submitted for reimbursement. If the last date is not specified
				on the application form, the last date will be the day the department receives
				the application.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.08 - Department action on reimbursement application

Current through June 24, 2024
(1) PRELIMINARY
				OPINION. The department may issue a preliminary opinion on whether an applicant
				is eligible for reimbursement of corrective action costs. The preliminary
				opinion is not binding on the department.
(2) NOTICE ACKNOWLEDGING APPLICATION. Within
				10 days after the department receives an application under s.
				ATCP
				35.06, the department shall issue a notice to the
				applicant acknowledging the department's receipt of the application.
(3) REQUEST FOR ADDITIONAL INFORMATION.
				Following receipt of an application under s.
				ATCP
				35.06, the department may require an applicant to
				submit any additional information which may be relevant to the department's
				review of the application.
(4)
				DECISION. Within 90 days after the department receives a complete application
				under s.
				ATCP
				35.06, including any additional information required
				by the department under sub. (3), the department shall issue a written decision
				approving or disapproving the application. The department may approve an
				application in part, or approve an application subject to conditions specified
				by the department. In its decision, the department shall specify all of the
				following:
(a) The amount of eligible costs,
				if any, on which reimbursement may be paid.
(b) The applicable rate of reimbursement
				under s.
				ATCP 35.22,
				if any.
(c) The total reimbursement
				amount, if any, that is approved for payment under s.
				ATCP
				35.28. The decision shall specify that payment is
				subject to the terms and conditions specified under s.
				ATCP
				35.28.
(d)
				If the department disapproves all or part of an application, the reasons for
				that disapproval. The department shall also explain any amounts deducted from
				the reimbursement application under sub. (5).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.10 - Responsible person; eligibility for reimbursement

Current through June 24, 2024
A responsible person is not eligible for reimbursement of
				  corrective action costs unless all of the following requirements are
				  met:
(1) The responsible person files
				with the department, by October 14, 2000 or within 3 years after incurring the
				corrective action costs, whichever is later, a reimbursement application that
				complies with s.
				ATCP
				35.06.
(2)
				The responsible person complies with every corrective action order issued by
				the department under s.
				ATCP
				35.02 or the department of natural resources under s.
				292.11(7)
				(c), Stats.
(3) The responsible person, upon discovering
				the discharge, promptly reports the discharge to the department or, if the
				responsible person is required to report the discharge under s.
				292.11(2),
				Stats., to the department of natural resources.
(4) If the responsible person is a commercial
				application business, the responsible person is in compliance, at the time of
				the discharge, with s.
				ATCP
				29.20.
(5)
				If an approved workplan is required under s.
				ATCP
				35.18(1), the corrective action
				complies with the approved workplan for that corrective action.
(6) The corrective action complies with
				applicable requirements under chs. 281 to 285 and 289 to 299, Stats., this
				chapter, chs.
				ATCP
				29 to
				33, and chs.
				NR
				700, 706, 708 and 712 to 727.
Note:
For corrective actions under this chapter,
				  the department is authorized to review compliance with chs.
				  NR
				  700, 706, 708, and 712 to 727, and to grant required
				  approvals and variances under those chapters on behalf of the department of
				  natural resources.
(7) The
				corrective action is performed by or under the direct supervision of a person
				who meets applicable qualification requirements under ch. NR 712, and who has
				adequate training and experience to perform the corrective action.
(8) The responsible person's application for
				reimbursement includes an application or waiver, under s.
				ATCP
				35.20(3), from each of the
				responsible persons identified under s.
				ATCP
				35.20(2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.12 - Corrective actions not eligible for reimbursement

Current through June 24, 2024
The department may not reimburse a responsible person for a
				  corrective action that is any of the following:
(1) Taken in response to a discharge that is
				an intentional use of an agricultural chemical for an agricultural purpose,
				unless the corrective action is ordered by the department under s.
				ATCP
				35.02 or by the department of natural resources under
				s.
				292.11(7)
				(c), Stats. An intentional use of an
				agricultural chemical includes an application of that chemical, but does not
				include handling, mixing, loading or disposal that is incidental to an
				application.
(2) Taken by the
				department of natural resources under s.
				292.31(1), (3) or
				(7), Stats.
(3) Taken by the department of natural
				resources under s.
				292.11(7)
				(a), Stats., because the applicant failed or
				refused to respond adequately to a discharge.
(4) Taken by a pesticide manufacturer or
				labeler who is required to be licensed under s.
				94.68(1),
				Stats., or who is exempt from licensing under s.
				94.68(1)
				(b), Stats., in response to a discharge by
				that pesticide manufacturer or labeler.
(5) Taken in response to a discharge that
				occurs while the agricultural chemical is being held or transported by a common
				carrier.
(6) Taken in response to a
				discharge from a landfill or other facility that is any of the following:
(a) A facility required to be licensed under
				s.
				289.31,
				Stats.
(b) A facility that would be
				required to be licensed under s.
				289.31, Stats.,
				except that the department of natural resources has issued a specific exemption
				under s.
				289.43,
				Stats., or rules promulgated under s.
				289.05(1) or
				(2), Stats.
(c) A closed or abandoned solid or hazardous
				waste disposal facility that, if operating today, would require a license under
				s.
				289.31, Stats.,
				or a specific license exemption under s.
				289.05(1) or
				(2), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.14 - Costs not eligible for reimbursement

Current through June 24, 2024
The department may not reimburse a responsible person for any
				  of the following:
(1) Costs that are
				not eligible for reimbursement under s.
				ATCP
				35.04.
(2)
				Indirect costs charged by a contractor unless those costs are allocated to the
				contract according to a reasonable cost allocation formula that the contractor
				uses for other, similar contracts.
Note: An example of a reasonable cost allocation formula may
				  be obtained from the Department of Agriculture, Trade & Consumer
				  Protection, Agricultural Resource Management Division, P.O. Box 8911, Madison
				  WI 53708
(3) A responsible
				person's indirect costs. This does not prohibit the department from reimbursing
				any of the following:
(a) Actual costs for
				equipment, supplies or services that are used exclusively for the corrective
				action. If a responsible person purchases equipment that is used exclusively
				for the corrective action, the department may pay reimbursement on the
				difference between the purchase cost and the reasonable salvage value of that
				equipment, provided that the difference does not exceed the reasonable rental
				cost for equivalent equipment.
(b)
				Normal employee wages, salaries, expenses or fringe benefit allocations for
				time which the responsible person's employees actually spend on a corrective
				action.
(c) Costs for equipment
				owned by the responsible person and used during a corrective action for
				excavating, trucking or landspreading, provided that all of the following
				apply:
1. The equipment is reasonably sized
				and designed to perform the corrective action.
2. The hours or units of equipment use are
				reasonable and necessary for the task performed.
3. The equipment costs are determined
				according to a reasonable cost allocation formula.
4. The equipment costs do not exceed
				reasonable rental costs for equivalent equipment, including any operator
				costs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.16 - Contract services

Current through June 24, 2024
(1) GENERAL REQUIREMENT. Except as provided
				in sub. (8), the department may not reimburse a responsible person for the cost
				of a contract service unless the responsible person contracts that service
				according to subs. (2) to (7).
(2)
				BIDS AND ESTIMATES REQUIRED.
(a) The
				department may not reimburse a responsible person for contract services
				performed at a discharge site unless the responsible person selects the
				contractor to provide services at that site on the basis of at least 3
				competitive bids. The responsible person shall provide the department with a
				copy of the accepted bid before authorizing the contractor to
				proceed.
(b) Except as provided in
				par. (c), the department may not reimburse a responsible person for contract
				service costs that exceed the contractor's bid for those services under par.
				(a).
(c) The department may
				reimburse a responsible person for contract services not included in the
				contractor's initial bid under par. (a), or for additional hours or units of
				service beyond those included in the bid under par. (a), if all of the
				following apply:
1. The contractor providing
				the additional services was selected by the competitive bidding procedure under
				par. (a).
2. The contractor bills
				for the additional services at the same per-unit price at which the contractor
				agreed to provide equivalent services, if any, in the contractor's initial bid
				under par. (a).
3. The contractor
				provides the responsible person and the department with a cost estimate for the
				additional services, and obtains the approval of the responsible person and the
				department, before performing those services.
5. The responsible person gives the
				contractor written authorization to proceed with the additional services, after
				receiving the contractor's estimate under subd. 3.
6. The cost for the additional services does
				not exceed the contractor's estimate under subd. 3.
7. The additional services do not involve the
				selection, design or installation of active groundwater remediation.
(d) A responsible person requesting
				reimbursement from the department shall keep copies of all bids and estimates
				required under this subsection, and shall make those copies available to the
				department for inspection and copying upon request. The responsible person
				shall keep copies of the bids and cost estimates for at least 2 years after the
				department has paid or denied all reimbursements to which those bids or cost
				estimates pertain.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.18 - Reimbursement conditions

Current through June 24, 2024
(1) WORKPLAN
				REQUIRED.
(a) Except as provided in par. (b)
				or (c), the department may not reimburse a responsible person for eligible
				corrective action costs exceeding $7,500 unless the department approves a
				written workplan for the corrective action before the responsible person takes
				the corrective action.
(b)
				Paragraph (a) does not apply to a reasonable and necessary corrective action
				taken on an emergency basis.
(c) A
				responsible person is not required to obtain department approval for a workplan
				under par. (a) if the responsible person submits the workplan to the department
				at least 30 days before taking the corrective action, and the department
				neither approves nor rejects the workplan within 30 days after the department
				receives the workplan.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.20 - Multiple responsible persons

Current through June 24, 2024
(1) REIMBURSEMENT
				LIMIT. If more than one responsible person is eligible for reimbursement under
				this chapter for corrective action taken in response to one or more discharges
				at the same discharge site, the combined amount paid to those responsible
				persons may not exceed the maximum amount specified for a discharge under s.
				ATCP
				35.22 (4) (a) or a discharge site
				under s.
				ATCP
				35.22 (1) or (2).
Note:
See s.
				  94.73 (6) (am),
				  Stats.
(2) NOTICE TO OTHER
				RESPONSIBLE PERSONS.
(a) Before any
				responsible person files a reimbursement application under s.
				ATCP
				35.06, that responsible person shall make a reasonable
				effort to notify every other person, known to the applicant, who may be a
				responsible person and who has incurred or may foreseeably incur corrective
				action costs related to the same discharge site. The reimbursement application
				shall identify every potentially responsible person whom the applicant has
				notified or attempted to notify under this paragraph.
(b) The department may require an applicant
				to notify other responsible persons, known to the department, who have incurred
				or may foreseeably incur corrective action costs related to the same discharge
				site.
Note:
A responsible person who fails to give
				  notice under sub. (2) may be liable to those not notified if, because of that
				  failure, those persons are disqualified from all or part of the reimbursement
				  to which they would otherwise be entitled.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.22 - Reimbursement amounts

Current through June 24, 2024
(1) GENERAL REIMBURSEMENT FORMULA.
(a) Except as provided in subs. (2) through
				(6), the department shall reimburse a responsible person for each discharge
				site an amount equal to 75% of the eligible corrective action costs that are
				greater than $3,000 and less than $400,000 for costs incurred before July 1,
				2017, or that are greater than $3,000 and less than $650,000 for costs incurred
				on or after July 1, 2017. To this amount, the department shall add interest
				costs under s.
				ATCP
				35.25.
(b)
				If no more than $3,000 of the eligible corrective action costs under par. (a)
				were incurred prior to January 1, 2004, the total amount paid under par. (a)
				may not exceed $485,250.
(c) If
				more than $3,000 of the eligible corrective action costs under par. (a) were
				incurred prior to January 1, 2004, the total amount paid under par. (a) may not
				exceed $505,100 or the sum of the following, whichever amount is less:
1. Eighty percent of the eligible corrective
				action costs incurred up to $400,000 prior to January 1, 2004 that exceed
				$3,000.
2. Seventy-five percent of
				the difference between $650,000 and the eligible corrective action costs
				incurred prior to January 1, 2004.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.25 - Interest on approved reimbursement amounts

Current through June 24, 2024
The department shall add interest to a reimbursement amount
				  calculated under s.
				  ATCP 35.22
				  at a rate equal to the prime interest rate on the date when the department
				  receives a complete reimbursement application. The department shall calculate
				  interest from that date for the unpaid balance approved under s.
				  ATCP
				  35.22.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.26 - Partial corrective action; reimbursement

Current through June 24, 2024
(1) Upon completing
				any of the following portions of a corrective action, a responsible person may
				apply for and receive reimbursement of eligible corrective action costs which
				the responsible person pays prior to the reimbursement application date:
(a) An emergency response, if any.
(b) A soil investigation approved by the
				department. If the soil investigation concludes that active soil remediation is
				necessary, the department shall approve an active soil remediation plan before
				reimbursing the responsible person for the soil investigation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.28 - Reimbursement payments

Current through June 24, 2024
The department shall reimburse responsible persons for
				  approved corrective action costs, in the total amount approved for each
				  corrective action under s.
				  ATCP
				  35.08(4) (c), in the order in which
				  the department receives complete reimbursement applications from those
				  responsible persons. The department shall make payments under this section from
				  the appropriations under s.
				  20.115(7)
				  (wm), Stats. Notwithstanding any other
				  provision of this chapter, payment is subject to the availability of funds in
				  those appropriations.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.30 - Contested insurance claim; duplicate reimbursement; repayment

Current through June 24, 2024
If, after being reimbursed by the department for any
				  corrective action cost, a responsible person recovers on a contested insurance
				  claim related to the same corrective action, the responsible person shall apply
				  the proceeds of that recovery as follows:
(1) The responsible person may first apply
				the proceeds to pay reasonable legal fees, reasonable expert witness fees and
				other reasonable legal costs necessarily incurred by the responsible person to
				obtain the recovery.
(2) The
				responsible person may next apply the proceeds against that portion of the
				responsible person's eligible corrective action costs which exceeds the maximum
				amount on which the department may pay reimbursement under s.
				ATCP
				35.22.
(3)
				The responsible person shall pay to the department a percentage of any
				remaining proceeds which equals the applicable reimbursement rate specified
				under s.
				ATCP 35.22,
				except that the total amount repaid under this subsection need not exceed the
				total amount of reimbursement which the department paid to the responsible
				person for the same corrective action.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.32 - Hearing on denial of reimbursement application

Current through June 24, 2024
(1) REQUEST FOR
				HEARING. A person adversely affected by the department's disapproval of a
				reimbursement application under s.
				ATCP
				35.08(5) may, within 30 days after
				receiving notice of that disapproval, request a hearing before the department
				to contest that disapproval. A request for hearing shall be made in writing and
				shall specify the grounds for the request.
(2) INFORMAL HEARING.
(a) Within 10 business days after the
				department receives a request for hearing under sub. (1), the department shall
				hold an informal hearing in response to the request unless the requester agrees
				to a later date for the informal hearing. The informal hearing shall be held
				before a department employee or official who is authorized to reverse or modify
				the department's decision as necessary. The informal hearing shall be held by
				telephone or at a location determined by the department.
(b) Within 10 business days after the
				conclusion of the informal hearing under par. (a), the presiding officer shall
				issue a brief written memorandum which summarizes the informal hearing, and any
				decision or action resulting from the informal hearing. A copy of the
				memorandum shall be provided to the person who requested the hearing. The
				memorandum shall include a notice of the person's right to request a formal
				contested case hearing under sub. (3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.34 - Agricultural chemical cleanup council

Current through June 24, 2024
(1) CREATION. The
				department shall appoint an advisory council to advise the department on
				matters related to the administration of this chapter. The advisory council
				shall be called the agricultural chemical cleanup council.
(2) MEMBERS. The agricultural chemical
				cleanup council shall consist of the following members, appointed for 2-year
				terms:
(a) Two farmers.
(b) Two pesticide dealers or commercial
				applicators.
(c) One environmental
				consultant.
(d) One agricultural
				chemical manufacturer or wholesaler.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter I - General Provisions › Section ATCP 40.01 - Purpose

Current through June 24, 2024
This chapter has the following purposes:
(1) To protect Wisconsin consumers, including
				  farmers and household users, against unfair and deceptive practices in the sale
				  of fertilizers or soil or plant additives.
(2) To protect honest businesses against
				  unfair and deceptive methods of competition.
(3) To prevent certain hazards to persons,
				  property and the environment.
See s.
						94.64, Stats.
						(fertilizer), s.
						94.65,
						Stats. (soil or plant additives), s.
						100.18,
						Stats. (fraudulent representations), s.
						100.37,
						Stats. (hazardous substances), s.
						100.42, Stats.
						(product safety) and ch. ATCP 139 (consumer product
						safety).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter I - General Provisions › Section ATCP 40.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Active ingredient" means an element,
				  chemical compound or other substance that affects the efficacy, usefulness or
				  performance of a fertilizer or soil or plant additive. "Active ingredient"
				  includes all of the following:
(a) A plant
				  nutrient.
(b) A living
				  microorganism.
(c) Any other
				  component declared, or required to be declared under this chapter, as an active
				  ingredient on the product label.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.04 - Fertilizer license

Current through June 24, 2024
(1) ANNUAL LICENSE REQUIRED. Except as
				  provided in sub. (2), no person may manufacture or distribute a fertilizer in
				  this state without an annual license from the department. A separate license is
				  required for each business location or mobile unit at which a person
				  manufactures fertilizer in this state. A license is not transferable between
				  persons or locations. A license expires on September 30 of each year.
Note:
Since a license is not transferable
					 between persons, a license holder must re-apply for a license if it changes its
					 legal identity.
(2) LICENSE
				  EXEMPTIONS. Subsection (1) does not apply to a person who does only the
				  following:
(a) Distributes fertilizer
				  materials to a licensed fertilizer manufacturer for further
				  manufacturing.
(b) Distributes
				  packaged fertilizer in its original package, as packaged and labeled by a
				  person who holds a fertilizer license under sub. (1) and a product permit if
				  required for that fertilizer under s.
				  ATCP 40.12. A
				  person does not qualify for this exemption if the person makes any additional
				  content or performance claims for the packaged fertilizer.
(c) Distributes bulk fertilizer obtained from
				  a supplier licensed under sub. (1) if all of the following apply:
1. The person does not mix or blend bulk
				  fertilizer, except to combine identically labeled lots of bulk fertilizer
				  received from the same licensed supplier.
2. The bulk fertilizer bears the label
				  information provided by the licensed supplier, including the supplier's name,
				  product name, fertilizer grade, and guaranteed analysis.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.06 - Fertilizer; tonnage reports and fees

Current through June 24, 2024
(1) ANNUAL TONNAGE
				  REPORT AND FEE PAYMENT. By September 30 of each year, a person required to hold
				  a fertilizer license under s.
				  ATCP 40.04
				  shall do all of the following:
(a) Report to
				  the department the number of tons of each grade of fertilizer that the person
				  distributed in this state in the 12 months ending June 30 of that year. The
				  person shall file the report in writing, on a form prescribed by the
				  department.
(b) Pay fees and
				  surcharges under sub. (2). The person shall include the payment with the
				  tonnage report under par. (a).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.08 - Fertilizer labeling

Current through June 24, 2024
(1) PACKAGED FERTILIZER. Packaged fertilizer
				  shall be clearly and conspicuously labeled with all of the following:
(a) The name and address of the licensed
				  manufacturer or distributor.
(b)
				  The fertilizer product name.
(c)
				  The fertilizer grade if the fertilizer is represented as containing any primary
				  nutrients. The fertilizer grade shall conform to the guaranteed analysis for
				  total nitrogen (N), available phosphate
				  (P2O5), and soluble potash
				  (K2O). The grade shall be stated in whole numbers except
				  that a grade value may be stated in decimal units with a preceding zero when
				  the guarantee is less than one percent.
(d) A guaranteed analysis that complies with
				  s.
				  ATCP
				  40.10.
(e)
				  The net weight of the fertilizer contained in the package.
(f) Any statements or disclaimers required
				  under subs. (4) to (6).
(g) Any
				  other information required under this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.10 - Fertilizer; guaranteed analysis

Current through June 24, 2024
(1) GENERAL.
(a) A fertilizer label shall contain a
				  guaranteed analysis that complies with this section. A guaranteed analysis may
				  guarantee any plant nutrients or enhancing elements identified in sub. (2), and
				  shall guarantee at least one of the plant nutrients identified in sub. (2).
				  Each guarantee shall be expressed as a minimum guaranteed percentage by weight
				  of the fertilizer.
Note:
All of the materials identified in sub.
					 (2), except cobalt and sodium, are plant nutrients. Cobalt and sodium are
					 "enhancing elements." See
					 ATCP
					 40.02(7).
(b) No person may represent any of the
				  following:
1. That a fertilizer contains any
				  plant nutrient unless that plant nutrient is identified in sub. (2) and in the
				  guaranteed analysis under par. (a).
2. That a fertilizer contains the enhancing
				  element cobalt or sodium unless that enhancing element is included in the
				  guaranteed analysis under par. (a).
3. That a fertilizer contains an enhancing
				  element other than cobalt or sodium, unless that enhancing element is
				  guaranteed as a soil or plant additive ingredient under sub. (10).
Note:
A fertilizer that claims enhancing
					 elements, other than cobalt and sodium, is considered a "fertilizer-additive
					 combination." See
					 ATCP
					 40.02(9).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.12 - Fertilizer permits

Current through June 24, 2024
(1) PERMIT REQUIRED. Except as provided in
				  sub. (2), no person may distribute a mixed fertilizer for which the sum of the
				  primary plant nutrient guarantees totals less than 24% unless one of the
				  following applies:
(a) The distribution is for
				  special agricultural uses, pursuant to a permit under sub. (4).
(b) The distribution is for nonagricultural
				  uses, pursuant to a permit under sub. (5).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.14 - Fertilizer content deficiencies

Current through June 24, 2024
(1) PRIMARY
				  NUTRIENTS. A fertilizer is mislabeled if any of the following apply, based on a
				  sample collected and tested according to s.
				  ATCP
				  40.16:
(a) The
				  fertilizer contains less than 90% of the label guarantee amount for any primary
				  nutrient.
(b) The actual percentage
				  amount of any primary nutrient falls at least 2 percentage points short of the
				  percentage amount stated on the label.
Note:
For example, if the label states that the
					 fertilizer contains 30% N, but testing shows that the fertilizer contains only
					 27.5% N, the fertilizer is mislabeled.
(c) The combined nutrient index of primary
				  nutrients actually present is less than 97% of the combined nutrient index of
				  the amounts guaranteed, where the combined nutrient index is calculated
				  according to sub. (3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.16 - Fertilizer sampling and analysis

Current through June 24, 2024
(1) SAMPLING
				  METHODS. The department may collect official fertilizer samples to determine
				  compliance with plant nutrient guarantees. The department shall collect
				  official samples using applicable methods from the
Inspection Manual of
				  the Association of American Plant Food Control Officials
, 8th edition
				  (2009).
Note:
The
Inspection Manual of the
					 Association of American Plant Food Control Officials
, 8th edition
					 (2009) is on file with the department and the legislative reference bureau.
					 Copies are available from the treasurer of the Association of American Plant
					 Food Control Officials, Inc., North Carolina Department of Agriculture, P.O.
					 Box 33508, Raleigh, NC 33636-3508, or online at
http://www.aapfco.org
.
(2) TEST METHODS. The department
				  may test official fertilizer samples to determine compliance with nutrient
				  guarantees. The department shall test official samples using applicable methods
				  from the
"Official Methods of Analysis of AOAC International
,"
				  20th edition (2016).
The "Official Methods of Analysis of AOAC International,"
						20th edition (2016) is on file with the department and the legislative
						reference bureau. Copies are available from AOAC International at 481 N.
						Frederick Ave., Suite 500, Gaithersburg, MD
						20877-2417.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 40 - Fertilizer And Related Products › Subchapter II - Fertilizer › Section ATCP 40.18 - Fertilizer; toxic substances

Current through June 24, 2024
(1) No fertilizer
				  may contain any substance that is toxic or injurious to plants, animals, or
				  humans when the fertilizer is handled or applied under reasonably foreseeable
				  use conditions unless the substance and hazard are disclosed on the fertilizer
				  label.
Note:
See s.
					 ATCP
					 40.08.
(2) No fertilizer may contain a metal in a
				  concentration that exceeds the maximum allowable concentration specified for
				  that metal in the
Official Publication of the Association of American
				  Plant Food Control Officials, No
.
71
(2018) ,
				  statement of uniform interpretation and policy number 25.
T he Official Publication of the Association of American
						Plant Food Control Officials, No. 71 (2018 ), which contains the statement of
						uniform interpretation and policy number 25, is on file with the department and
						the legislative reference bureau. Copies may be obtained from the treasurer of
						the Association of American Plant Food Control Officials, Inc., North Carolina
						Department of Agriculture, P.O. Box 33508, Raleigh, NC 33636-3508, or online at
http://www.aapfco.org
.