Chapter NR 542
RECYCLING GRANTS TO RESPONSIBLE UNITS
NR 542.02 Applicability and cross referencing.
NR 542.04 Eligibility for grant assistance.
NR 542.05 Eligible and ineligible costs.
NR 542.06 Distribution of grant assistance.
NR 542.07 Grant assistance application.
NR 542.08 Grant assistance conditions and requirements.
NR 542.09 Grant payments.
NR 542.10 Grantee accountability.
NR 542.11 Grant variances.
NR 542.12 Dispute resolution; arbitration.
NR 542.13 Termination of awards.
NR 542.01
NR 542.01 Purpose. The purpose of this chapter is to establish rules under s.
287.23, Stats., for the implementation and administration of a grant program for planning, constructing or operating recycling programs with one or more of the components specified in s.
287.11 (2) (a) to
(h), Stats.
NR 542.01 History
History: Cr.
Register, July, 1991, No. 427, eff. 8-1-91.
NR 542.02
NR 542.02 Applicability and cross referencing. This chapter applies to all applicants and recipients of funding under s.
287.23, Stats., for planning, constructing or operating a recycling program. This chapter does not apply to applicants for financial assistance for waste reduction and recycling demonstration grants under s.
287.25, Stats., nor the waste tire grant program under s.
287.17, Stats.
NR 542.02 Note
Note: The second sentence of this section is without effect and will be removed by future rulemaking.
1995 Wis. Act 227 repealed s. 287.17, Stats.
2004 Wis. Act 32 repealed s. 287.25, Stats.
NR 542.02 History
History: Cr.
Register, July, 1991, No. 427, eff. 8-1-91.
NR 542.03
NR 542.03 Definitions. In this chapter:
NR 542.03(2)
(2) “Capital expenses" means construction or acquisition costs including improvements or equipment costing $1,000.00 or more and with an expected life of 3 years or more.
NR 542.03(3)
(3) “Curbside collection" means the collection of recyclable materials at the curb, or from an alley or roadside.
NR 542.03(4)
(4) “Department" means the department of natural resources.
NR 542.03(5)
(5) “Effective recycling program" means a solid waste management program that includes all of the components specified in s.
287.11 (2), Stats.
NR 542.03(8)
(8) “Prevailing market rate" has the meaning specified in s.
287.23 (1) (d), Stats. This means a reasonable estimate of the price for a recyclable material that will be paid by a collection facility serving the area within the boundaries of a responsible unit during the year for which an application for assistance is submitted.
NR 542.03(9)
(9) “Recycling center" means a facility that accepts source separated materials for processing and marketing.
NR 542.03(10)
(10) “Recycling program costs" means the collection, transportation, processing and marketing costs incurred as a result of any of the following:
NR 542.03(10)(a)
(a) Source separation of recyclables through the use of either curbside collection or drop-off facilities, or both;
NR 542.03(10)(b)
(b) Processing of source separated materials at a recycling center;
NR 542.03(10)(c)
(c) Recovery of recyclables from postconsumer waste prior to grinding, shredding, composting or incinerating materials at a solid waste facility.
NR 542.03(13)
(13) “Source separated materials" means clean recyclables kept apart from mixed solid waste at the original point of generation.
NR 542.03 History
History: Cr.
Register, July, 1991, No. 427, eff. 8-1-91;
correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690. NR 542.04
NR 542.04 Eligibility for grant assistance. NR 542.04(1)
(1)
Eligible applicants. The following responsible units are eligible for assistance under this chapter:
NR 542.04(1)(b)
(b) For assistance in 1995 to 2000, a responsible unit that has been determined by the department to have an effective recycling program.
NR 542.04(2)(a)(a) Responsible units that have not maintained an effective recycling program, following approval of the recycling program under s.
287.11, Stats., are ineligible for grant assistance the following year unless they have met one of the following:
NR 542.04(2)(a)2.
2. The department determines that they have performed substantial remedial actions and submitted an acceptable timetable for completion of remaining actions.
NR 542.04(2)(b)
(b) A responsible unit that has spent funds received under this program on ineligible costs as outlined under
s. NR 542.05 (2) is ineligible for:
NR 542.04(2)(b)1.
1. Grant assistance the following year if the funds were intentionally diverted to other purposes by the responsible unit.
NR 542.04(2)(b)2.
2. A portion of the grant assistance the following year if the responsible unit does not repay the funds to the department and the amount exceeds any outstanding grant payments owed the responsible unit.
NR 542.04 History
History: Cr.
Register, July, 1991, No. 427, eff. 8-1-91.
NR 542.05
NR 542.05 Eligible and ineligible costs. NR 542.05(1)
(1)
Eligible costs. The grantee's recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing or operating a recycling program are eligible for grant assistance. Eligible costs may include, but are not limited to:
NR 542.05(1)(b)
(b) Construction costs, including capitalized interest, professional services of an attorney, and engineering services for design, construction and construction inspection;
NR 542.05(1)(c)
(c) Training, salaries and fringe benefit costs of personnel;
NR 542.05(1)(e)1.
1. Equipment; equipment costing $1,000 or more and with an expected life of 3 years or more will be funded on an amortized basis;
NR 542.05(1)(e)2.
2. Land, including site acquisition at fair market value and site preparation costs;
NR 542.05(1)(g)
(g) Costs of collecting recyclables, marketing and transporting recyclables to market;
NR 542.05(1)(i)
(i) Written contracts entered into by responsible units to obtain services necessary for an effective recycling program;
NR 542.05(1)(j)
(j) The following costs of a solid waste facility designed to recover recyclables from postconsumer waste:
NR 542.05(1)(j)1.
1. All costs that can be directly isolated to the recycling component;
NR 542.05(1)(j)2.
2. The proportionate share of the remaining costs as calculated as a proportion of recovered recyclables to total waste, by weight; and
NR 542.05(1)(k)
(k) Cost of documenting how solid waste which is generated in the grantee's region and is not separated or recovered for recycling will be managed, as required by s.
287.11 (2) (ew), Stats.
NR 542.05(2)
(2) Ineligible costs. Costs not directly associated with or not necessary for planning, construction or operation of an effective recycling program are not eligible for grant assistance. Ineligible costs include, but are not limited to:
NR 542.05(2)(a)
(a) Costs incurred either prior to January 1 or after December 31 for each grant;
NR 542.05(2)(b)
(b) The costs of collecting and disposing of municipal solid waste not separated for recycling, except as provided for in
sub. (1) (k);
NR 542.05(2)(c)
(c) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws, regulations, rules and ordinances;
NR 542.05(2)(d)
(d) Ordinary operating expenses of local government, such as salaries and expenses of a mayor or city council members that are not directly related to the recycling program;
NR 542.05(2)(f)
(f) Costs for which payment has been or will be received under another federal or state financial assistance program;
NR 542.05(2)(g)
(g) Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding or administration of a contract supported by this program and:
NR 542.05(2)(g)1.
1. The official or employee, or his or her partner or immediate family member, has an ownership interest in the firm selected for the contract; or
NR 542.05(2)(g)2.
2. Any person identified in
subd. 1. receives any contract, gratuity or favor from the award of the contract;
NR 542.05(2)(h)
(h) The purchase of plastic containers for the collection of recyclable materials unless the recycled content of the plastic containers is at least 25% by weight.
NR 542.05 History
History: Cr.
Register, July, 1991, No. 427, eff. 8-1-91.
NR 542.06
NR 542.06 Distribution of grant assistance. The department shall award a grant to each eligible responsible unit that submits a complete application for allowable expenses. The amount of the grant shall be determined as follows:
NR 542.06(1)
(1) For a county that is the responsible unit for at least 75% of the population of the county, $100,000 or the amount determined under
sub. (2), whichever is greater.
NR 542.06(2)
(2) Unless total grant requests exceed the amount of funds available, the amount of the grant for all other responsible units will equal the lesser of the following:
NR 542.06(2)(b)
(b) Sixty-six percent of eligible expenses, minus any avoided disposal costs.
NR 542.06(3)
(3) If the total of approvable grant requests exceeds the amount of funds available, the department shall allocate funds in the following manner:
NR 542.06(3)(a)
(a) Counties that are to receive $100,000 grants under
sub. (1) will not be prorated;
