NR 530.09
NR
530.09
Requirements for registered recyclers. NR 530.09(1)(a)(a) A registered collector or manufacturer shall also register as a recycler if the collector or manufacturer is recycling eligible electronic devices on behalf of a registered manufacturer.
NR 530.09(1)(b)1.
1. The street address of all facilities at which the registered recycler conducts recycling or stores eligible electronic devices or materials derived from eligible electronic devices.
NR 530.09(1)(b)3.
3. A list of applicable third-party certifications that the recycler maintains.
NR 530.09 Note
Note: Electronics recycling facilities may become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic devices. Currently two accredited certification standards exist: the Responsible Recycling (“R2") Standard for Electronics Recyclers and the e-Stewards® Standard for Responsible Recycling and Reuse of Electronic Equipment© (“e-Stewards®").
NR 530.09(1)(b)4.
4. If the facility is located in Wisconsin, the solid waste processing facility operating license number obtained under s.
NR 502.08.
NR 530.09(2)(a)1.
1. The names of all registered collectors in this state from which the recycler received eligible electronic devices during the preceding program year.
NR 530.09(2)(a)2.
2. The total weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties received from each collector. When the source county is unknown, the weight shall be counted in the total for urban counties.
NR 530.09(2)(a)3.
3. The total weight of eligible electronic devices that the recycler diverted for reuse or refurbishment, rather than recycled, during the preceding program year.
NR 530.09(2)(a)4.
4. The total weight of eligible electronic devices that the recycler put in storage, rather than recycled or sent for disposal, during the preceding program year.
NR 530.09(2)(a)5.
5. The total weight of recyclable material derived from eligible electronic devices that the recycler sent for disposal, rather than recycled, during the preceding program year.
NR 530.09(2)(b)
(b) To calculate total recycled weight for the preceding program year, the registered recycler shall subtract the weights reported under par.
(a) 3. to
5. from the total weight reported under par.
(a) 2. NR 530.09(3)(a)
(a) A registered recycler may assign recycled weight to an authorized broker or registered manufacturer.
NR 530.09(3)(b)
(b) On the annual report submitted under s.
287.17 (8) (b), Stats., a registered recycler shall identify the total recycled weight the recycler assigned to authorized brokers or registered manufacturers during the preceding program year, the name of all authorized brokers and registered manufacturers assigned recycled weight, and the recycled weight assigned to each.
NR 530.09(3)(c)
(c) A registered recycler shall report separate totals for the recycled weight used in rural and urban counties under par.
(b). When the source county is unknown, the recycled weight shall be counted in the total for urban counties.
NR 530.09(4)(a)
(a) To meet the owner financial responsibility requirement under s.
287.17 (8) (c) 3., Stats., a registered recycler shall do all of the following:
NR 530.09(4)(a)1.
1. Submit a copy of the registered recycler's current proof of financial responsibility to the department with its initial registration and upon request by the department.
NR 530.09(4)(a)2.
2. Provide proof of financial responsibility for all facilities where eligible electronic devices, or materials derived from eligible electronic devices, are stored or recycled.
NR 530.09(4)(b)
(b) In addition to meeting the requirements under par.
(a), a registered recycler located in Wisconsin shall do all of the following:
NR 530.09(4)(c)
(c) In addition to meeting the requirements under par.
(a), a registered recycler not located in Wisconsin shall do one of the following:
NR 530.09(4)(c)1.
1. Name the department as beneficiary or obligee and meet the applicable requirements of ch.
NR 520.
NR 530.09(4)(c)2.
2. Name an independent third party other than the department as beneficiary or obligee and meet all of the following requirements:
NR 530.09(4)(c)2.a.
a. Provide proof of financial responsibility using one of the mechanisms under s.
287.17 (8) (c) 3. a. to
e., Stats. If selecting a performance or forfeiture bond as the means of proof of financial responsibility, the bonds shall be issued by a surety company among those listed as acceptable sureties for federal bonds in Circular 570 of the U.S. department of the treasury.
NR 530.09(4)(c)2.b.
b. Provide a closure cost estimate that does not count any assets as positive value and is based on the cost of an independent third party managing the facility closure and cleanup.
NR 530.09(4)(c)2.c.
c. Provide a copy of new or updated proof of financial responsibility within 10 days of its effective date.
NR 530.09(4)(c)2.d.
d. Notify the department at least 90 days prior to the cancellation date of proof of financial responsibility.
NR 530.09(5)(a)
(a) A registered recycler shall use a bill of lading for all of the following:
NR 530.09(5)(a)1.
1. Transporting electronic devices and their components from the point of collection or consolidation to the recycler's facility.
NR 530.09(5)(a)2.
2. Transporting electronic devices and their components from the recycler's facility to other recyclers or end users of the material.
NR 530.09(5)(b)
(b) Each bill of lading shall include the date the load was picked up from the originating facility and a description of the load, including the type of materials and number of pallets or containers. Each bill of lading shall also include one of the following:
NR 530.09(5)(c)
(c) Each bill of lading shall be signed by both the shipper and the receiver.
NR 530.09(5)(d)
(d) A registered recycler shall maintain bills of lading and other records required under this section for at least 3 years. The department may inspect records that are required under this section.
NR 530.09 History
History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) (b), (3) (d) made under s. 35.17, Stats., Register June 2023 No. 810. NR 530.10
NR 530.10 Requirements for authorized brokers. NR 530.10(1)(1)
Manufacturer cooperation. This section applies to any authorized broker providing services to a registered manufacturer for the purpose of cooperation under s.
287.17 (2) (b), Stats.
NR 530.10(2)
(2)
Notification. A person, including a registered recycler, wishing to operate as an authorized broker on behalf of one or more registered manufacturers shall notify the department and provide the name, address, and contact information of an individual responsible for ensuring compliance with this section.
NR 530.10(3)(a)
(a) An authorized broker may transact assignments of recycled weight with registered recyclers, authorized brokers, and registered manufacturers.
NR 530.10(3)(b)
(b) An authorized broker shall submit to the department no later than the first day of the third month of a program year, a report that includes all of the following:
NR 530.10(3)(b)1.
1. The recycled weight assigned by others to the authorized broker during the preceding program year, the names of the persons who assigned the recycled weight, and the recycled weight assigned by each person.
NR 530.10(3)(b)2.
2. The recycled weight the authorized broker assigned to others during the preceding program year, the names of the persons recycled weight was assigned to, and the recycled weight assigned to each person.
NR 530.10(3)(c)
(c) For weights reported under par.
(b), the authorized broker shall report separate totals for the recycled weight associated with recycling of eligible electronic devices used in rural and urban counties. When the source county is unknown, the weight shall be counted in the total for urban counties.
NR 530.10 History
History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23. NR 530.11
NR 530.11 Requirements for retailers. NR 530.11(1)(1)
Registered brands. If a retailer determines that a covered electronic device is not listed as registered on the department's internet site, and that s.
287.17 (2) (c) 2., Stats., does not apply, the retailer shall do all of the following:
NR 530.11(1)(a)
(a) Remove the covered electronic device from the sales area of its in-person stores located in Wisconsin.
NR 530.11(1)(b)
(b) Remove the covered electronic device from its own internet store or block Wisconsin households and schools from purchasing the covered electronic device through its internet store.
NR 530.11(2)
(2)
Education. Under s.
287.17 (9), Stats., a retailer shall provide to purchasers information describing how eligible electronic devices may be collected and recycled and provide a description of the prohibitions under s.
287.07 (5) (a), Stats. To meet this requirement, a retailer may do the following, as applicable:
NR 530.11(2)(a)
(a) Provide the required information on receipts provided to purchasers of covered electronic devices.
NR 530.11(2)(b)
(b) For in-person sales, post the required information in a prominent location either in the electronics section of the store or at the register where covered electronic devices are purchased.
NR 530.11(2)(c)
(c) For sales by telephone, provide the required information over the telephone.
NR 530.11(2)(d)
(d) For sales by catalog, provide the required information in the catalog.
NR 530.11(2)(e)
(e) For sales over the internet, maintain a web page that is easily accessible to customers that includes the required information.
NR 530.11 Note
Note: This section applies only to a retailer as defined in s.
287.17 (1) (n), Stats.
NR 530.11 History
History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23. NR 530.13
NR 530.13 Suspension and revocation of collector and recycler registrations. NR 530.13(1)(1)
Reasons for suspension. The department may suspend the registration of a collector under s.
287.17 (7), Stats., for failure to comply with any of the requirements under s.
287.17 (7), Stats. The department may suspend the registration of a recycler under s.
287.17 (8), Stats., for failure to comply with any of the requirements under s.
287.17 (8), Stats.
NR 530.13(2)
(2)
Reasons for revocation. The department may revoke a collector or recycler's registration if the collector or recycler has failed to take action to return to compliance in a timely manner following a suspension.
NR 530.13(3)
(3)
Eligibility of electronic devices collected during suspension or revocation. Beginning on the effective date of a suspension or revocation and continuing until a collector's registration is reinstated by the department, no eligible electronic device a collector receives from a household or covered school, or delivers to a manufacturer or recycler, may be included in the weight of eligible electronic devices recycled by a registered manufacturer under s.
287.17 (4) (f), Stats.
NR 530.13(4)
(4)
Eligibility of electronic devices recycled during suspension or revocation. Beginning on the effective date of a suspension or revocation and continuing until a recycler's registration is reinstated by the department, no eligible electronic devices a recycler recycles are eligible to count toward the weight of eligible electronic devices recycled by a registered manufacturer under s.
287.17 (4) (f), Stats.
NR 530.13(5)
(5)
Process for reinstatement following suspension or revocation. NR 530.13(5)(a)(a) After a collector or recycler's registration has been suspended or revoked, the collector or recycler shall do all of the following to be reinstated as a registered collector or recycler:
NR 530.13(5)(a)1.
1. Resolve any outstanding compliance issues related to the suspension or revocation to the satisfaction of the department.
NR 530.13(5)(a)2.
2. Demonstrate to the department full compliance with the requirements under s.
287.17, Stats., and other applicable laws.
NR 530.13(5)(b)
(b) The department shall reinstate a collector's registration under s.
287.17 (7), Stats., or a recycler's registration under s.
287.17 (8), Stats., once the collector or recycler has met all requirements under par.
(a).
NR 530.13(5)(c)
(c) The department shall notify a collector or recycler in writing of its reinstatement and clearly indicate the complete time period for which collected or recycled electronic devices are not eligible to count toward a registered manufacturer's weight recycled.
NR 530.13(5)(d)
(d) The department shall notify all authorized brokers and registered collectors, recyclers, and manufacturers of the reinstatement.
NR 530.13 History
History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23. NR 530.14
NR 530.14 Revocation of manufacturer registrations. NR 530.14(1)(1)
Reasons for revocation. The department may revoke a manufacturer's registration under s.
287.17 (3), Stats., if the manufacturer has failed to comply with one or more of the requirements under s.
287.17 (2) (a),
(3),
(4), or
(5), Stats.
NR 530.14(2)
(2)
Process for reinstatement following revocation. NR 530.14(2)(a)
(a) A manufacturer shall do all of the following to be reinstated as a registered manufacturer:
NR 530.14(2)(a)1.
1. Resolve any outstanding compliance issues related to the revocation to the satisfaction of the department.
NR 530.14(2)(a)2.
2. Demonstrate to the department full compliance with the requirements under s.
287.17, Stats., and other applicable laws.
