NR 544.03 Note
Note: Plastic containers made of PETE and regulated under ch.
ATCP 137 will have a triangular symbol with number “1".
NR 544.03(27m)
(27m) “Plastic container" means a rigid plastic container including those made of PETE (#1), HDPE (#2), PVC (#3) , LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7).
NR 544.03 Note
Note: Plastic containers made of PP and regulated under ch.
ATCP 137 will have a triangular symbol with number “5".
NR 544.03 Note
Note: Plastic containers made of PS and regulated under ch.
ATCP 137 will have a triangular symbol with number “6".
NR 544.03 Note
Note: Plastic containers made of PVC and regulated under ch.
ATCP 137 will have a triangular symbol with number “3".
NR 544.03(31g)
(31g) “Processing" means baling, shredding, pulverizing, composting, separating or otherwise treating or altering by some means to facilitate the further transport, recycling or reuse of solid waste intended to be recycled or reused.
NR 544.03(31r)
(31r) “Processing facility" has the meaning specified in s.
NR 500.03 (181), but does not include facilities where combustion of solid waste occurs.
NR 544.03(32)
(32) “Public information and education program" means a program to inform citizens, businesses and institutions why and how to participate in community recycling, reduce overall waste and encourage personal actions that result in voluntary compliance.
NR 544.03(33m)
(33m) “Recycling" means the series of activities by which solid waste is collected, sorted, processed and converted into raw materials and used in the production of new materials. It excludes the use of these materials as a fuel substitute or for energy production.
NR 544.03(35)
(35) “Residual material" means recyclable materials collected for recycling that are damaged or contaminated during collection or processing to the point that they are no longer marketable.
NR 544.03(37)
(37) “Reuse" means using a product more than once in its same form for the same or other productive purposes.
NR 544.03(38)
(38) “Rural municipality" means a municipality with a permanent population of 70 persons per square mile or fewer, as determined under s.
287.24 (1), Stats.
NR 544.03(39)
(39) “Single commodity materials recovery facility" means a facility where only one of the materials specified in s.
287.07 (3) and
(4), Stats., not mixed with other solid waste, is processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process.
NR 544.03(39g)
(39g) “Single-stream collection" means a system for co-mingled collection of recyclable fibers, containers or other recyclable materials in which these materials are separated from solid waste at the point of collection and are transported to a processing facility to be sorted into marketable commodities.
NR 544.03(41)
(41) “Waste reduction" means decreasing the quantity of waste materials or products generated.
NR 544.03 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93; correction in (17) made under s. 13.93 (2m) (b) 7., Stats.,
Register January 2003 No. 565;
CR 04-113: r. (1), (8), (16), (17), (20), (24), (25), (31) and (40), renum. (2) to be (1) and am., cr. (2), (6m), (12m), (27m), (28m), (31g), (31r), (33m), and (39g), am. (7), (12), (21), (37), (39) and (41)
Register June 2005 No. 594, eff. 7-1-05; correction in (38) made under s. 13.92 (4) (b) 7., Stats.,
Register June 2013 No. 690.
NR 544.04
NR 544.04 Required components of an effective recycling program. The effective recycling program of a responsible unit shall include all of the following components:
NR 544.04(1)
(1) A public information and education program to address recycling of materials specified in s.
287.07 (1m) to
(4), Stats., and waste reduction and reuse efforts at single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties. It shall include program start up and regular distribution of current program information, and consumer and youth education.
NR 544.04 Note
Note: Major appliances must be managed in compliance with ss.
285.59 and
287.07 (1m), Stats., and ch.
NR 488.
NR 544.04(3)
(3) A system which meets the provisions of s.
NR 544.05 for collecting from single family and 2 to 4 unit residences the materials specified in s.
287.07 (3) and
(4), Stats.
NR 544.04(4)
(4) A system for single family and 2 to 4 unit residences which meets the provisions of s.
NR 544.05 for processing and marketing of the recyclable materials specified in s.
287.07 (3) and
(4), Stats., which have been separated for recycling or recovered from solid waste in as pure a form as is technically feasible.
NR 544.04(5)
(5) Equipment and staff to implement the recycling program serving single family and 2 to 4 unit residences which may include contracting for services, staff, supplies and equipment from vendors.
NR 544.04(7)
(7) A requirement that owners of multiple family dwellings and non-residential facilities and properties or their designated agents provide for the recycling at their facilities and properties of materials specified in s.
287.07 (3) and
(4), Stats.
NR 544.04(8)
(8) A prohibition against disposing of in a solid waste facility or burning in a solid waste treatment facility the materials specified in s.
287.07 (3) and
(4), Stats., which have been separated for recycling.
NR 544.04(9)
(9) A means of adequately enforcing the requirements of the effective recycling program.
NR 544.04(9g)
(9g) Beginning August 1, 2006, a compliance assurance plan describing the procedure the responsible unit will follow to address at a minimum one act of non-compliance with recycling requirements specified in its recycling ordinance which is commonly encountered by the responsible unit.
NR 544.04(9r)
(9r) Submittal of an annual program report that meets the requirements specified in s.
NR 544.10.
NR 544.04(10)
(10) Provisions for the management of the postconsumer waste that is generated within the responsible unit and that is not separated or recovered for recycling in a manner consistent with the highest feasible solid waste management priority under s.
287.05 (12), Stats.
NR 544.04(11)
(11) A reasonable effort to reduce to the maximum extent feasible, the amount, by weight, of each material specified in s.
287.07 (3) and
(4), Stats., that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.
NR 544.04 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93;
CR 04-113: am. (intro.), (1), (7) and (10), r. (6), cr. (9g) and (9r)
Register June 2005 No. 594, eff. 7-1-05.
NR 544.05
NR 544.05 Collection and processing systems. NR 544.05(1)(a)(a) General requirements. Except as provided in sub.
(3), systems for collecting the materials specified in s.
287.07 (3) and
(4), Stats., from single family and 2 to 4 unit residences shall meet the following requirements:
NR 544.05(1)(a)1.
1. Separate the materials from other solid waste prior to collection and maintain that separation during the collection process.
NR 544.05(1)(a)2.
2. Prohibit the compaction of glass containers with newspaper or with municipal solid waste during collection.
NR 544.05(1)(a)4.
4. Meet the total collection standard in Table 1, except that a multiple-municipality responsible unit with a membership of rural and other municipalities may meet a prorated standard for each material by the entire responsible unit.
NR 544.05(1)(b)
(b) Collection systems in urban municipalities. A municipality with a population of 5,000 or greater with an aggregate population density of at least 70 persons per square mile shall provide, contract for provision of, or otherwise provide for, a system for collection of the materials specified in s.
287.07 (3) and
(4), Stats., from each single family residence and 2 to 4 unit residence. The collection system shall meet the requirements of either subd.
1. or
2. NR 544.05(1)(b)1.a.a. Curbside collection at least monthly of newspaper, glass containers, aluminum containers, steel containers, PETE plastic containers, HDPE plastic containers, and either corrugated paper and other container board, or magazines.
NR 544.05(1)(b)1.b.
b. Curbside or drop-off collection of bi-metal containers; PVC plastic containers, LDPE plastic containers, PP plastic containers, polystyrene plastic containers, foam polystyrene packaging, waste tires, and corrugated paper and other container board, or magazines not collected under subd.
1. a. NR 544.05(1)(b)2.
2. A drop-off collection system that is utilized by at least 80% of the single family and 2 to 4 unit residences in the municipality as documented by drop-off site monitoring records.
NR 544.05(1)(b)3.
3. Each municipality that utilizes a drop-off collection system shall ensure that the size of the collection facility and hours of operation are adequate to meet the needs of the residents to recycle the materials specified. The site shall be open at least 2 days each month for a minimum of 5 hours each day, unless demonstrated by the municipality that fewer hours adequately meet the needs of the residents.
NR 544.05(1)(c)
(c) Collection systems in rural municipalities. A municipality with a population under 5,000 or an aggregate population density of less than 70 persons per square mile, shall provide to each single family and 2 to 4 unit residence either curbside or drop-off collection service or a combination for the materials specified in s.
287.07 (3) and
(4), Stats. A municipality which provides drop-off collection service shall ensure that the size of the facility and its hours of operation are adequate to meet the needs of single family and 2 to 4 unit residences to recycle the materials specified. The site shall be open at least 2 days each month for a minimum of 5 hours each day, unless demonstrated by the municipality that fewer hours adequately meet the needs of the residents.
NR 544.05(2)(a)(a) Processing systems utilized as part of an effective recycling program shall produce materials or products of marketable quality.
NR 544.05(2)(b)
(b) Except as provided in sub.
(3), a responsible unit shall use as part of its effective recycling program one or more materials recovery facilities that are self-certified under s.
NR 544.16.
NR 544.05(3)
(3)
Alternative collection and processing systems. NR 544.05(3)(a)
(a) A responsible unit may apply to the department under s.
NR 544.08 (3) for approval of an alternative collection system that does not comply with the requirements under sub.
(1) (a) 1. and
2., and either par.
(b) or
(c).
NR 544.05(3)(b)
(b) A responsible unit may apply to the department under ss.
NR 502.08 and
544.08 (3) for approval of an alternative processing system that does not comply with the requirements under sub.
(2) (b).
NR 544.05 Note
Note: Examples of alternative processing and collection systems which may be approved under this paragraph include, but are not limited to, mixed waste processing and co-collection systems.
NR 544.05(3)(c)
(c) Single stream collection systems that use a materials recovery facility that is self-certified under s.
NR 544.16 shall qualify as acceptable collection systems under this subsection and do not require approval for alternative collection systems.
NR 544.05 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93;
CR 04-113: am. (1) (a) 4., (b), (c), (2) and (3)
Register June 2005 No. 594, eff. 7-1-05.
NR 544.06
NR 544.06 Components of a recycling ordinance. NR 544.06(1)(1)
A responsible unit seeking approval under this chapter shall adopt and enforce a recycling ordinance meeting the requirements of this section, except that a multiple-municipality responsible unit is not required to adopt an ordinance for any of its members which have and enforce their own ordinances under this section. No unit of government in a multiple-municipality responsible unit other than the responsible unit may be required to adopt or enforce an ordinance under this section.
NR 544.06 Note
Note: A responsible unit is authorized by s.
287.09 (3) (b), Stats., to adopt an ordinance to enforce the recycling program established under s.
287.09 (2) (a), Stats., to comply with s.
287.07 (1m) to
(4), Stats., and the priorities under s.
287.05 (12), Stats.
NR 544.06(2)(a)
(a) A requirement that the occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties in the region either separate for recycling the materials specified in s.
287.07 (1m) to
(4), Stats., from postconsumer waste generated in the region or send the material to a licensed processing facility that recovers for recycling those materials from solid waste in as pure a form as is technically feasible. This requirement does not apply to solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel in accordance with s.
287.07 (7) (bg), Stats.
NR 544.06(2)(b)
(b) A requirement that owners or designated agents of multiple-family dwellings in the region do all of the following unless postconsumer waste generated in those properties is treated at a processing facility that recovers for recycling the materials specified in s.
287.07 (3) and
(4), Stats., from that solid waste in as pure a form as is technically feasible:
NR 544.06(2)(b)1.
1. Provide adequate, separate containers for the recycling program established in compliance with the ordinance.
NR 544.06(2)(b)2.
2. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter of how to appropriately recycle the materials specified under s.
287.07 (1m) to
(4), Stats., at this location. This notification shall include reasons to reduce and recycle waste, which materials are collected, how to prepare recyclable materials in order to meet the processing requirements, and collection methods or sites. The notification shall indicate locations and hours of operation of drop-off collection sites for recyclable materials not collected on-site, including a contact person or company, address and phone number.
NR 544.06(2)(b)3.
3. Provide for the collection of recyclable materials separated from the solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.
NR 544.06(2)(c)
(c) A requirement that owners or designated agents of non-residential facilities and properties in the region do all of the following unless postconsumer waste generated in those facilities and properties is treated at a processing facility that recovers the materials specified in s.
287.07 (3) and
(4), Stats., from solid waste in as pure a form as is technically feasible:
NR 544.06(2)(c)1.
1. Provide adequate, separate containers for the program established under this section.
NR 544.06(2)(c)2.
2. Notify in writing, at least semi-annually, all users, tenants and occupants of the properties of how to appropriately recycle the materials specified under s.
287.07 (1m) to
(4), Stats., at this location. This notification shall include reasons to reduce and recycle waste, which materials are collected, how to prepare recyclable materials in order to meet the processing requirements, and collection methods or sites. The notification shall indicate locations and hours of operation of drop-off collection sites for recyclable materials not collected on-site, including a contact person or company, address and phone number.
NR 544.06(2)(c)3.
3. Provide for the collection of recyclable materials separated from the solid waste by the users, tenants and occupants and the delivery of the recyclable materials to a recycling facility.
NR 544.06(2)(d)
(d) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility the materials specified in s.
287.07 (3) to
(4), Stats., which have been separated for recycling.
NR 544.06(2)(e)1.
1. Appropriate penalties for violations of the various provisions of the ordinance which are consistent with the forfeitures under ss.
287.95 and
287.97, Stats.
NR 544.06(2)(e)2.
2. Authorization for the use of citations to be issued for violations of the ordinance.
NR 544.06 Note
Note: Section
66.0113, Stats., authorizes the use of citations to be issued for ordinance violations.
NR 544.06(2)(e)3.
3. Adequate inspection authority to ascertain compliance with the ordinance.
NR 544.06 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93;
CR 04-113: am. (1), (2) (b) 2. and (c) 2., r. (2) (b) 4. and (c) 4.
Register June 2005 No. 594, eff. 7-1-05.
NR 544.07
NR 544.07 Record-keeping requirements. A responsible unit subject to this chapter shall maintain records supporting its application and documenting its compliance with this chapter. The records shall be kept at a single location and be available for department review. The responsible unit shall retain its records for at least 3 years following the submittal of that year's program report.
