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:
NR 544.16(1)(a)
(a) Operate and maintain the facility in a nuisance-free and environmentally sound manner.
NR 544.16(1)(b)
(b) Maintain records to verify that not less than 75% of the volume of recyclable materials accepted were recycled or transported from the facility within 12 months of receipt at the facility, unless otherwise approved by the department.
NR 544.16(2)(a)(a) Unless exempt under par.
(b), the owner or operator of a materials recovery facility that serves as a component of a responsible unit's effective recycling program shall certify to the department that it meets the requirements of subs.
(3) to
(8).
NR 544.16(2)(b)
(b) Single commodity materials recovery facilities are exempted from the self-certification requirements unless the department determines that self-certification is necessary to ensure compliance with the requirements in sub.
(1). A self-certification determination shall be effective for a period of one year.
NR 544.16(3)(a)(a) The owner or operator of a materials recovery facility shall submit a self-certification for operation prior to first accepting recyclable materials from any responsible unit. The owner or operator shall submit all of the following information to the department on a form supplied by the department:
NR 544.16 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 544.16(3)(a)1.
1. The name of the owner and operator, and corresponding mailing addresses and telephone numbers.
NR 544.16(3)(a)2.
2. The legal name of the materials recovery facility and the street address and telephone number at that location.
NR 544.16(3)(a)3.
3. A description of the materials recovery operations and the days and hours during which services are provided.
NR 544.16(3)(a)4.
4. A list of all responsible units that use the materials recovery facility.
NR 544.16(3)(a)5.
5. A list of all recyclable materials accepted at the materials recovery facility.
NR 544.16(3)(a)6.
6. A statement describing whether incoming recyclable materials are received pre-sorted into individual commodities or commodity groups, or collected in a single-stream or other alternative collection system.
NR 544.16(3)(a)8.
8. The exposed storage capacity for recyclable materials, the types and maximum quantities of recyclable materials to be stored outdoors at any time, and the procedures used to prevent discharge of contaminants to the environment from these materials.
NR 544.16(3)(a)9.
9. Certification that the storage capacity is adequate to maintain the quality and quantity of the recyclable materials for markets.
NR 544.16(3)(a)10.
10. The processing capacity of the materials recovery facility for recyclable materials.
NR 544.16(3)(a)11.
11. Certification that the processing capacity of the materials recovery facility is adequate to accommodate the anticipated quantities of recyclable materials that will be received.
NR 544.16(3)(a)12.
12. A description of the procedures used to prevent nuisance conditions at the materials recovery facility.
NR 544.16(3)(a)13.
13. Information on the total quantity of residual material generated at the materials recovery facility during the previous calendar year and the percentage of the total amount of incoming recyclable materials that was residual material during the previous calendar year.
NR 544.16(3)(a)15.
15. Certification that the materials recovery facility produces recovered recyclable materials in accordance with market quality specifications.
NR 544.16(3)(a)16.
16. Certification that the owner or operator of the materials recovery facility maintains accurate records to document the types and quantities of recyclable materials processed and marketed for all responsible units using the facility and that those records will be made available for inspection upon request by the department.
NR 544.16(3)(a)17.
17. Certification that the owner or operator of the materials recovery facility will provide by February 1 of each year sufficient information so that a responsible unit can comply with the reporting requirements under s.
NR 544.10 (2) (d) For all measurements, the owner or operator of the materials recovery facility shall use sampling methods or measurements acceptable to the department.
NR 544.16(3)(a)19.
19. Certification that recyclable materials will not be stored in a floodplain as defined in s.
NR 500.03 (87). This paragraph does not apply to a materials recovery facility at which recyclable materials were stored in a floodplain on or before November 1, 1992, provided that the area in which the recyclable materials are stored is not increased.
NR 544.16(3)(a)20.
20. Certification that the owner or operator of the materials recovery facility will comply with the disposal and incineration prohibitions under s.
287.07 (1m) to
(4), Stats.
NR 544.16(3)(b)
(b) Records shall be maintained at the site documenting the information required in this subsection for a period of at least 3 years.
NR 544.16(4)
(4)
Self-certification of operation renewal and report. The owner or operator of a self-certified materials recovery facility shall submit a self-certification renewal and report by March 30 of each year, in a form supplied by the department, that shall contain all of the following:
NR 544.16(4)(a)
(a) Certification that the facility has been and will continue to be maintained and operated in conformance with the information submitted upon initial self-certification or upon subsequent notification of change to the department.
NR 544.16(4)(b)
(b) An inventory of recyclable materials, by category and expressed in tons, accepted from responsible units as of both January 1 and December 31 of the previous calendar year, and the total tonnage of this material processed off-site in the previous calendar year.
NR 544.16(4)(c)
(c) Certification by the owner or operator of the materials recovery facility that not less than 75% of the volume of recyclable materials accepted were recycled or transported from the facility within 12 months of receipt at the facility, unless otherwise approved by the department. This requirement need not be met for the first year of operation of newly established materials recovery facilities.
NR 544.16(4)(d)
(d) The total quantity expressed in tons, of residual material generated at the materials recovery facility during the previous calendar year and the percentage of the total amount of incoming recyclable materials that was residual material during the previous calendar year.
NR 544.16(5)
(5)
Invalidation of self-certification of operation. The department shall use the information provided under this section during routine inspection of materials recovery facilities and as needed in response to complaints. Should significant discrepancies between actual operations and information submitted under this section be found, the department may invalidate the materials recovery facility's self-certification and thereby disqualify the materials recovery facility as a component of a responsible unit's effective recycling program. The department may invalidate a materials recovery facility's self-certification if any of the following conditions exist:
NR 544.16(5)(a)
(a) A failure to submit on a timely basis or knowingly falsifying the information required in sub.
(3) or
(4) for self-certification and self-certification renewal.
