Chapter NR 544

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:

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 544.13 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 544.14 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(2)(b) (b) The cost of disposing of processed material.

NR 544.14(3) (3) Variances initiated by the department.

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 544.14 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 544.16 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(1)(c) (c) Maintain recyclable materials in marketable condition.

NR 544.16(2) (2) Self-certification required.

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) (3) Self- certification of operation.

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)7. 7. The covered storage capacity for recyclable materials.

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)14. 14. The procedures used to minimize residual material.

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)18. 18. Certification that recyclable materials will not be stored in wetlands as defined in s. NR 500.03 (258).

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.

NR 544.16(5)(b) (b) Storage of recyclable materials in wetlands as defined in s. NR 500.03 (258).

NR 544.16(5)(c) (c) Storage of recyclable materials in a floodplain as defined in s. NR 500.03 (87), unless the recyclable materials were stored in the floodplain on or before November 1, 1992, and the area in which the storage occurs has not been increased.

NR 544.16(5)(d) (d) Storage of recyclable materials outdoors in a manner that renders them unmarketable.

NR 544.16(5)(e) (e) Failure to provide specific information to a responsible unit that has contracted directly with the materials recovery facility and whose recyclable materials were processed by that facility in the current year or in the previous calendar year. The information shall be requested by the responsible unit and provided to the responsible unit within 4 weeks of the documented date of request, and shall contain accurate information reflecting the weights of each recyclable material processed for the responsible unit.

NR 544.16(5)(f) (f) Failure to operate the materials recovery facility in a nuisance-free and environmentally sound manner.

NR 544.16(5)(g) (g) Failure to operate the materials recovery facility in accordance with the self-certification or other representations provided by the owner or operator under this section.

NR 544.16(6) (6) Recertification. The owner or operator of a materials recovery facility with an invalidated self-certification under sub. (5) may resubmit the self-certification information required under sub. (3) to the department and request a review after correcting all deficiencies. The department may re-certify a materials recovery facility if it determines that the materials recovery facility is in compliance and has put in place appropriate polices and procedures to remain in compliance with the requirements of this section.

NR 544.16(7) (7) List of self-certified facilities. The department shall maintain a list of materials recovery facilities that are self-certified under this section.

NR 544.16(8) (8) Notification of change of service. The owner or operator of a materials recovery facility which is self-certified under this section shall provide written notification to the department and responsible units that have contracted directly with the facility for services as follows:

NR 544.16(8)(a) (a) At least 60 days prior to closing the materials recovery facility, or an anticipated interruption of service to a responsible unit for a period of more than one week.

NR 544.16(8)(b) (b) At least 60 days prior to moving the materials recovery facility to a different location.

NR 544.16(8)(c) (c) At least 60 days prior to initiating processing of recyclable materials collected in a single-stream collection system.

NR 544.16(8)(d) (d) As soon as practicable after the occurrence of an unanticipated interruption of service to a responsible unit for a period of more than one week.

NR 544.16 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: r. and recr. Register June 2005, No. 594, eff. 7-1-05.

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NR 544.16 Note Note: 1) Rural municipalities are those with a population of 5,000 or less or a permanent aggregate population density of less than 70 persons per square mile. For purposes of ch. NR 544, municipalities that do not meet that population criterion fall into the other category. 2) The department intends to periodically revise these collection standards as conditions warrant.

NR 544.16 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93.