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:
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)(c)
(c) Failure to demonstrate that the program is likely to achieve the total collection standard in Table 1.
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(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 544.12
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 544.13
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:
NR 544.13(1)
(1) It establishes a recycling program for aluminum, glass, steel and bi-metal containers.
NR 544.13(2)
(2) It provides for curbside collection of the non-combustible materials listed in sub.
(1) in municipalities that have a population of 5,000 or greater with an aggregate population density of at least 70 persons per square mile.
NR 544.14
NR 544.14 Variances and exemptions. NR 544.14(1)(1)
General. A responsible unit with an effective recycling program may request in writing a variance or the department may on its own initiative grant a variance to the requirements of s.
287.11 (2) (b) and
(er), Stats., for up to one year.
NR 544.14(2)
(2)
Variances requested by the responsible unit. A responsible unit with an effective recycling program may request a variance for up to one year to the requirements in s.
287.11 (2) (b) and
(er), Stats., for a material identified in s.
287.07 (3) or
(4), Stats., that is generated in the responsible unit's region. The department shall grant a variance if it determines that the cost of selling processed material as defined in s.
287.11 (2m) (a) 2., Stats., exceeds any of the following:
NR 544.14(2)(a)
(a) Forty dollars per ton of processed material, as annually adjusted by the department to reflect changes in price levels due to inflation since 1989.
NR 544.14(3)(a)
(a) The department may, on its own initiative, grant to one or more responsible units with effective recycling programs a variance to the requirements in s.
287.11 (2) (b) and
(er), Stats., for up to one year for a material identified in s.
287.07 (3) or
(4), Stats., that is generated in the responsible unit's region if the department determines that the cost of selling processed material exceeds the amount under sub.
(2) (a) or
(b).
NR 544.14(3)(b)
(b) The department may grant a responsible unit a variance to a requirement in s.
287.11 (2) (b) or
(er), Stats., for up to one year for a material identified in s.
287.07 (3) or
(4), Stats., in the event of an unexpected emergency.
NR 544.14(4)
(4)
Exemptions. The department may grant exemptions from nonstatutory requirements of this chapter upon request of the responsible unit when the department determines that an exemption is needed to allow or encourage the management of solid waste in accordance with s.
287.05, Stats., and where the exemption will be consistent with the intent of this chapter. Before granting an exemption, the department shall take into account factors such as good cause, circumstances beyond the control of the responsible unit or out-of-state unit and financial hardship. When the circumstances for which the exemption was granted are no longer valid, the department shall rescind the exemption and revise the effective recycling program approval.
NR 544.16
NR 544.16 Materials recovery facilities used as part of an effective recycling program. NR 544.16(1)(1)
General requirements. The owner or operator of a materials recovery facility that serves as a component of a responsible unit's effective recycling program shall do all of the following:
