Chapter NR 542
RECYCLING GRANTS TO RESPONSIBLE UNITS
NR 542.02 Applicability and cross referencing. NR 542.05 Eligible and ineligible costs. NR 542.06 Distribution of grant assistance. NR 542.07 Grant assistance application. NR 542.09 Grant payments. NR 542.10 Grantee accountability. NR 542.11 Grant variances. NR 542.13 Repayment of awards. NR 542.01NR 542.01 Purpose. The purpose of this chapter is to establish rules for the implementation and administration of a grant program for planning, constructing, or operating effective recycling programs in accordance with ss. 287.11 (2) (a) to (h) and 287.23, Stats. NR 542.01 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: am. Register June 2025 No. 834, eff. 7-1-25. NR 542.02NR 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. NR 542.02 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: am. Register June 2025 No. 834, eff. 7-1-25. NR 542.03NR 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(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(5m)(5m) “Multiple-family dwelling” means a structure containing 5 or more residential units, including units that are occupied seasonally. NR 542.03(10)(10) “Recycling program costs” means the costs incurred for collection, transportation, processing, and marketing of materials specified under s. 287.07 (2), (3), and (4), Stats. NR 542.03 HistoryHistory: 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; CR 23-065: r. (3), cr. (5m), am. (8), cr. (8m), r. (9), renum. (10) (intro.) to (10) and am., r. (10) (a) to (c), (13) Register June 2025 No. 834, eff. 7-1-25. NR 542.04NR 542.04 Applicants. A responsible unit that has been determined by the department to have an effective recycling program is eligible to apply for grant assistance under this chapter. NR 542.04 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: r. and recr. Register June 2025 No. 834, eff. 7-1-25. NR 542.05NR 542.05 Eligible and ineligible costs. NR 542.05(1)(1) Eligible costs. The grantee’s effective recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing, or operating an effective recycling program during a grant year are eligible for grant assistance. Eligible costs may include any of the following: 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, marketing, and transporting materials specified under s. 287.07 (2), (3), and (4), Stats., from a single family or a 2 to 4 unit residence. 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 equal to the proportion of recovered recyclable materials to total waste, by weight. 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 the planning, construction, or operation of an effective recycling program are not eligible for grant assistance. Ineligible costs include all of the following: 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) Costs of collecting and disposing of municipal solid waste not separated for recycling, except as provided for under 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 that 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 when any of the following occurs: NR 542.05(2)(g)1.1. The official or employee, or a partner or immediate family member of the official or the employee, has an ownership interest in the firm selected for the contract. 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(2)(i)(i) Costs of collecting, transporting, or marketing recyclable materials from a multiple-family dwelling or commercial, retail, industrial, or governmental facility. NR 542.05 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: am. (1) (intro.), (e) (intro.), (g), (j) 2., (2) (intro.), (b), (g) (intro.), 1., cr. (2) (i) Register June 2025 No. 834, eff. 7-1-25; correction in (1) (a) to (d), (e) 1., 2., (f) to (i), (j) 1., (2) (a), (c), (d) to (f), (g) 2. made under s. 35.17, Stats., Register June 2025 No. 834. NR 542.06NR 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 distributed as described under s. 287.23 (5b) and (5p), Stats. NR 542.06 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: renum. (intro.) to NR 542.06 and am., r. (1) to (3) Register June 2025 No. 834, eff. 7-1-25. NR 542.07NR 542.07 Grant assistance application. NR 542.07(1)(1) Procedure. A completed application shall be submitted to the department by October 1 in the year preceding the year for which the assistance is sought. An application shall be made on forms provided by the department and submitted in accordance with department instructions. NR 542.07 NoteNote: Forms and instructions may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 542.07(2)(2) Contents of application. An application shall contain information from responsible units required under s. NR 544.10 and all of the following: NR 542.07(2)(a)(a) A resolution adopted by the responsible unit authorizing a representative to file the grant application. The authorized representative shall be an official or employed position of the responsible unit. NR 542.07(2)(c)(c) A description of the program, the processes and methods to be used, including who will implement them, and a timetable for implementation. NR 542.07(2)(d)(d) Documentation that the assistance, when combined with future anticipated assistance, will result in the responsible unit doing one of the following: NR 542.07(2)(d)1.1. Making continued progress in creating an effective recycling program as defined under s. 287.11, Stats. NR 542.07(2)(d)2.2. Maintaining an effective recycling program following approval of the recycling program under s. 287.11, Stats. NR 542.07(2)(e)(e) A financial schedule itemizing revenues and expenses of all programs and activities likely to be funded under the proposed grant. NR 542.07(2)(f)(f) A financial report if the responsible unit received a grant under this chapter, or 1989 Wis. Act 335, section 85 (5), for the grant period preceding the grant period for which the application is being made. It shall include a statement of whether any portion of that grant was or is likely to be spent on ineligible activities, and the actual or estimated amount. NR 542.07(2)(g)(g) An amortization schedule for all equipment, included in projected program costs, with a useful life exceeding 3 years and a cost greater than $1,000. NR 542.07 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: am. (1), (2) (intro.), (a), (d) 1., r. (2) (h), (i) Register June 2025 No. 834, eff. 7-1-25; correction in (2) (b), (c), (d) 1., 2., (e) to (g) made under s. 35.17, Stats., Register June 2025 No. 834. NR 542.09NR 542.09 Grant payments. The department shall disburse all grant payments no later than June 1 of the year for which the grant is made. NR 542.09 NoteNote: Forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.
NR 542.09 HistoryHistory: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: r. and recr. Register June 2025 No. 834, eff. 7-1-25. NR 542.10(1)(1) Records management. Each responsible unit shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides clear references to source or original documents. NR 542.10(1)(a)(a) Accounting procedures. Financial information filed with a grant application shall include estimated eligible costs based on records maintained under generally accepted accounting principles that meet all of the following minimum requirements: NR 542.10(1)(a)1.1. Program accounts shall separate grant receipts and eligible expenditures from those allocable to other programs and activities.
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