Chapter NR 544

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) (2) At a minimum, a recycling ordinance required under s. NR 544.04 (2) shall include all of the following:

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) (e) Provisions for enforcement, including the following:

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 544.07 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05.

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)(a) (a) A description of the public information and education program under s. NR 544.04 (1).

NR 544.08(2)(b) (b) Certified copies of all ordinances containing the provisions specified in s. NR 544.06.

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)(a)2. 2. Cost estimates of the proposed program.

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:

NR 544.09(1)(a) (a) For initial program approval, the program includes the components required under s. NR 544.04.

NR 544.09(1)(b) (b) The application includes the elements required under s. NR 544.08.

NR 544.09(1)(c) (c) The program is projected to meet the total collection standard in Table 1.

NR 544.09(2) (2) Denial of application. The department may deny a responsible unit’s application for approval for any of the following reasons:

NR 544.09(2)(a) (a) For initial program approval, absence of a program component under s. NR 544.04.

NR 544.09(2)(b) (b) Failure to submit a complete application under s. NR 544.08.

NR 544.09(2)(c) (c) Failure to demonstrate that the program is likely to achieve the total collection standard in Table 1.

NR 544.09(2)(d) (d) Failure to comply with any provision of this chapter.

NR 544.09 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05.

NR 544.10 NR 544.10 Annual program report.

NR 544.10(1) (1) Report. A responsible unit with an approved effective recycling program shall submit a report to the department under this section by April 30 of each year. For all measurements, a responsible unit shall use sampling methods or measurements specified by the department. The report shall demonstrate to the satisfaction of the department that the recycling program meets the requirements of this chapter and any conditions of the approved program. Reports shall be submitted on forms supplied by the department.

NR 544.10 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 544.10(2) (2) Contents of report. The report shall consist of the following:

NR 544.10(2)(a) (a) A statement indicating that the program as initially approved is operating or, if there have been changes, a description of those changes.

NR 544.10(2)(b) (b) A statement that the recycling ordinance is still in effect and a report on efforts to enforce that ordinance.

NR 544.10(2)(c) (c) A statement that the collection system for single family and 2 to 4 unit residences is operating, and, if there have been changes, a description of those changes.

NR 544.10(2)(d) (d) The tonnage collected of each material listed in Table 1, except that a multiple-municipality responsible unit, with a combination of rural and other municipalities, may meet a prorated standard for each material for the entire responsible unit. If the tonnage collected does not meet the total standard in Table 1, the report shall include an explanation for the failure to meet that standard and a proposal for improving collection in the following year.

NR 544.10(2)(f) (f) A statement identifying how recyclables collected from single family and 2 to 4 unit residences are processed and marketed. Weight slips for marketed material and copies of contracts shall be kept on file.

NR 544.10(2)(g) (g) A statement on the participation or compliance at multiple-family dwellings and non-residential facilities and properties including documentation of inspections and response to complaints regarding the recycling program.

NR 544.10(2)(h) (h) A statement on opportunities for residents to reduce, reuse or recycle those materials specified in s. 287.07 (1m) and (2), Stats., including opportunities at private facilities accessible to the public.

NR 544.10(2)(i) (i) A description of provisions for the management of solid waste that is generated in the responsible unit’s region and that is not separated or recovered for recycling and whether that solid waste is managed in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats.

NR 544.10(2)(j) (j) A description of efforts to improve the effectiveness of the recycling program, including waste reduction and reuse initiatives and efforts to increase collection of recyclables.

NR 544.10 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1), (2) (d) and (i) Register June 2005 No. 594, eff. 7-1-05.

NR 544.11 NR 544.11 Annual program report review process.

NR 544.11(1) (1) The department shall review the annual program report of the responsible unit for the following:

NR 544.11(1)(a) (a) Compliance with the conditions of effective recycling program approval.

NR 544.11(1)(b) (b) Compliance with the requirements of this chapter.

NR 544.11(2) (2) If the department finds that the responsible unit does not meet the requirements of sub. (1) (a) or (b), the department may take any of the following actions:

NR 544.11(2)(a) (a) Modify or condition the approval if the responsible unit has had minor problems in maintaining its effective recycling program in compliance with its program approval and the requirements of this chapter.

NR 544.11(2)(b) (b) Place the program on probation for no more than one year if the department determines that the responsible unit has had significant problems in maintaining its effective recycling program in compliance with its program approval or the requirements of this chapter and if it appears that compliance may be achieved within one year. A responsible unit under probation shall comply with s. NR 544.12.

NR 544.11(2)(c) (c) Terminate the program approval if the department determines that the responsible unit has had significant problems in maintaining its effective recycling program in compliance with its program approval or the requirements of this chapter and if it does not appear that compliance may be achieved within one year or for failure to satisfy the terms of its probationary approval.

NR 544.11(2)(d) (d) Grant an exemption from the total collection standard in Table 1 if the responsible unit provides adequate justification for failure to meet the collection standard and demonstrates that a reasonable effort was made to meet the standard.

NR 544.11 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05.

NR 544.12 NR 544.12 Programs under probation.

NR 544.12(1) (1) A responsible unit that has been placed on probation under s. NR 544.11 (2) (b) has an effective recycling program for the purposes of ss. 287.07 (7) and 287.23, Stats. The probationary period may not exceed one year.

NR 544.12(2) (2) A responsible unit that has been placed on probation under s. NR 544.11 (2) (b) shall submit a plan to the department describing the actions it intends to take to meet the requirements of this chapter. The department shall review this plan and may require conditions in its approval. A responsible unit’s recycling program shall be monitored by the department to ensure compliance with the probationary plan.

NR 544.12 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05.

NR 544.13 NR 544.13 Responsible units located in current service areas of facilities exempt under s. 287.07 (7) (b), Stats. A responsible unit that is located in the current service area of an operating solid waste treatment facility which is exempt under s. 287.07 (7) (b), Stats., and that uses that solid waste treatment facility, may be approved as an effective recycling program under this chapter if it meets the following requirements: