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.
NR 544.08
NR 544.08 Application for initial program or alternative collection or processing system approval. NR 544.08(1)(1)
Application. A responsible unit seeking an initial determination that its program is an effective recycling program or the approval of an alternative collection or processing system under this chapter shall apply to the department under this section. For all measurements, a responsible unit shall use sampling methods or measurements specified by the department. Applications shall be submitted on a form supplied by the department.
NR 544.08 Note
Note: This form, or specific data formats for electronic submittal of the form, may be obtained from the Department of Natural Resources, Bureau of Waste Management at 101 S. Webster St., P.O. Box 7921, Madison, WI 53707.
NR 544.08(2)
(2)
Contents of application for initial program approval. The application for initial program approval shall provide all of the following information:
NR 544.08(2)(c)
(c) A description of the collection system for single-family residences and 2 to 4 family residential dwellings units. A responsible unit shall also apply for approval of an alternative collection or processing system under sub.
(3) if the
collection system is not consistent with the requirements under s.
NR 544.05 (1) (a) 1. and
2., and either par.
(b) or
(c).
NR 544.08(2)(d)
(d) A description of the systems for processing and marketing recyclable materials collected from single family residences and 2 to 4 family residential dwelling units.
NR 544.08(2)(e)
(e) An estimate of the total amount of recyclable materials collected in the calendar year prior to the year of application.
NR 544.08(2)(f)
(f) A description of the equipment and staffing for its recycling program or contracts for services, staff, supplies and equipment from vendors.
NR 544.08(2)(g)
(g) A description of its system of enforcement and, beginning August 1, 2006, a copy of its compliance assurance plan as required in s.
NR 544.04 (9g).
NR 544.08(2)(i)
(i) A description of provisions for recycling at multiple-family dwellings and non- residential facilities and properties.
NR 544.08(2)(j)
(j) A description of opportunities for residents to reduce, reuse or recycle those items specified in s.
287.07 (1m) and
(2), Stats., including opportunities provided by the private sector.
NR 544.08(2)(k)
(k) A description of provisions for the management of solid waste that is generated in the responsible unit and that is not separated or recovered for recycling, and whether that waste is managed in a manner consistent with the highest feasible solid waste management priority under s.
287.05 (12), Stats.
NR 544.08(2)(L)
(L) A description of means used 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 facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.
NR 544.08(2)(m)
(m) The names of all materials recovery facilities that accept recyclable materials collected from the responsible unit, if these are included as a component of the effective recycling program.
NR 544.08(3)
(3)
Alternative collection or processing systems. A responsible unit that is seeking approval of an alternative to the systems specified in s.
NR 544.05 (1) and
(2) shall submit to the department the information required in sub.
(2) and the following information for initial approval:
NR 544.08(3)(a)
(a) A description of the proposed alternative, including the following:
NR 544.08(3)(a)1.
1. The name of the operator or provider or both of the collection, processing and marketing services.
NR 544.08(3)(b)
(b) A comparison of the advantages, disadvantages and costs of the proposed alternative to the systems described in s.
NR 544.05 (1) and
(2).
NR 544.08(3)(c)
(c) A demonstration that the proposed alternative systems will meet the total collection standard specified in Table 1.
NR 544.08(3)(d)
(d) A description of operating procedures that will be used to minimize contamination and loss of recyclable materials during collection and processing.
NR 544.08(3)(e)
(e) A demonstration that the proposed systems will recover the materials specified in s.
287.07 (3) and
(4), Stats., from solid waste in as pure a form as is technically feasible and that the materials are marketable.
NR 544.08(3)(f)
(f) A demonstration of the amount of residual materials resulting from the proposed alternative systems.
NR 544.08 History
History: Cr.
Register, September, 1993, No. 453, eff. 10-1-93;
CR 04-113: am. (1), (2) (intro.), (c), (g), (k), (m), (3) (intro.) and (c), r. (2) (h)
Register June 2005 No. 594, eff. 7-1-05.
NR 544.09
NR 544.09 Initial program or alternative collection or processing system approval process. Upon receipt of a complete application, the department shall either approve or disapprove the application in writing within 90 days. The determination of the department shall be based upon compliance with this chapter. An approval may be conditioned upon any requirements necessary to comply with this chapter.
NR 544.09(1)
(1)
Approval of application. The department shall approve a responsible unit's application as effective if the following are met:
