RULE TEXT
Section 1 NR 500.03 (107m) is created to read:
NR 500.03 (107m) “Incidental” means a minor amount occurring without intention.
Section 2 NR 500.03 (190) is amended to read:
Section 3 NR 500.03 (198m) and (238m) are created to read:
NR 500.03 (198m) “Responsible unit” has the meaning specified under s. 287.01 (9), Stats. (238m) “Transferring of solid waste” includes sorting out of incidental amounts of recyclable materials, incidental amounts of materials that pose a potential threat to transfer operations, and incidental amounts of other materials separated for the intent of reuse or recycling.
Section 4 NR 502.05 (3) (g) is repealed and recreated to read:
NR 502.05 (3) (g) A materials recovery facility that maintains materials in marketable condition and that does not have a primary purpose to process waste tires.
Section 5 NR 502.05 (3) (j) 8. is created to read:
NR 502.05 (3) (j) 8. Stored recyclable materials are kept separate from other solid waste and in a manner that maintains the cleanliness of those materials for recycling purposes.
Section 6 NR 502.06 (4) (er) is repealed and recreated to read:
NR 502.06 (4) (er) A service for the collection and transportation of recyclable materials shall do all of the following:
1. By February 1 of each year, provide each responsible unit, including a responsible unit not under direct contract, with the total tonnage amount of recyclable materials specified under s. 287.07 (4), Stats., collected from single family and 2 to 4 unit residences in the responsible unit in the prior year, specifically including all of the following: a. Tonnages of materials at the point of collection and from all areas within the responsible unit service area.
b. Names of the materials recovery facilities that processed the materials.
2. Provide to the department upon request the estimated weights of collected recyclable materials specified under s. 287.07 (4), Stats., and identify the materials recovery facilities that processed these materials. Section 7 NR 502.06 (4) (ew) and (i) are created to read:
NR 502.06 (4) (ew) A service for the collection and transportation of recyclable materials specified under s. 287.07 (4), Stats., shall notify a responsible unit within one week of a change in materials recovery facility used. (i) Containers provided by the service provider for use in a recycling collection system shall be clearly labeled to distinguish their use for recycling purposes only.
Section 8 NR 502.07 (2f) and (7) (s) are amended to read:
NR 502.07 (2f) Exempt recycling transfer facilities. A facility only for the transfer of items under s. 287.07 (4), Stats., shall comply with the operational requirements inunder sub. (7) (a), (c), (d), (i), (k), and(n), (o), (s), and (t) and the performance standards and closure requirements inunder s. NR 502.04 (1) and (3) (a) and (b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria in sub. 3, but is exempt from all other requirements of this chapter. (7) (s) Recyclable material may be Material for recycling that is separated from the incoming waste and stored provided that no fire hazard or nuisance conditions are created shall be managed in a manner to maintain the cleanliness of those materials for recycling purposes and in a manner in which no fire hazard or nuisance condition is created.
Section 9 NR 502.07 (7) (t) is created to read:
NR 502.07 (7) (t) Outdoor transfer space shall not be used for unbaled paper, cardboard, plastic, or other materials that can be easily moved by wind or water unless contained by at least a 3-sided bunker with wall height and length greater than the recyclables it contains or other containment of equal and adequate efficacy for litter control.
Section 10 NR 502.08 (2) (b) is repealed and recreated to read:
NR 502.08 (2) (b) A materials recovery facility that maintains materials in marketable condition and that does not have a primary purpose to process waste tires.
Section 11 NR 542.01 is amended to read:
NR 542.01 Purpose. The purpose of this chapter is to establish rules under s. 287.23, Stats., for the implementation and administration of a grant program for planning, constructing, or operating effective recycling programs with one or more of the components specified in s. in accordance with ss. 287.11 (2) (a) to (h) and 287.23, Stats. Section 12 NR 542.02 is amended to read:
542.02 Applicability and cross referencing. This chapter applies to all applicants and recipients of funding under s. 287.23, Stats., for planning, constructing, or operating a recycling program. This chapter does not apply to applicants for financial assistance for waste reduction and recycling demonstration grants under s. 287.25, Stats., nor the waste tire grant program under s. 287.17, Stats. Section 13 NR 542.02 (Note) is repealed.
Section 14 NR 542.03 (3) is repealed.
Section 15 NR 542.03 (5m) is created to read:
NR 542.03 (5m) “Multiple-family dwelling” means a structure containing 5 or more residential units, including units that are occupied seasonally.
Section 16 NR 542.03 (8) is amended to read:
NR 542.03 (8) “Prevailing market rate” has the meaning specified in s. 287.23 (1) (d), Stats. This means a reasonable estimate of the price of a recyclable material that will be paid by a collection facility serving the area within the boundaries of a responsible unit during the year for which an application for assistance is submitted. Section 17 NR 542.03 (8m) is created to read:
NR 542.03 (8m) “Recyclable materials” has the meaning specified in s. NR 544.03 (33). Section 18 NR 542.03 (9) is repealed.
Section 19 NR 542.03 (10) is amended to read:
NR 542.03 (10) “Recycling program costs” means the costs incurred for collection, transportation, processing, and marketing costs incurred as a result of any of the following: of materials specified under s. 287. 07 (2), (3), and (4), Stats.
Section 20 NR 542.03 (10) (a) to (c) and (13) are repealed.
Section 21 NR 542.04 is repealed and recreated to read:
NR 542.04 Applicants. A responsible unit that has been determined by the department to have an effective recycling program is eligible to apply for grant assistance under this chapter.
Section 22 NR 542.05 (1) (intro.), (e) (intro.), (g), (j) 2., (2) (intro.), (b), (g) (intro.) and 1. are amended to read:
NR 542.05 (1) Eligible costs. The grantee’s effective recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing, or operating a an effective recycling program during a grant year are eligible for grant assistance. Eligible costs may include, but are not limited to any of the following:
(e) Capital purchases for any of the following:
(g) Costs of collecting recyclables, marketing and transporting recyclables to market; materials specified under s. 287.07 (2), (3), and (4), Stats., from a single family or a 2- to 4-unit dwelling. (j) 2. The proportionate share of the remaining costs as calculated as a equal to the proportion of recovered recyclables recyclable materials to total waste, by weight; and.
(2) Ineligible costs. Costs not directly associated with or not necessary for the planning, construction, or operation of an effective recycling program are not eligible for grant assistance. Ineligible costs include, but are not limited to all of the following:
(b) The costs Costs of collecting and disposing of municipal solid waste not separated for recycling, except as provided for in under sub. (1) (k);.
(g) Costs incurred in a contract which that creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding, or administration of a contract supported by this program and when any of the following occurs:
1. The official or employee, or his or her a partner or immediate family member of the official or the employee, has an ownership interest in the firm selected for the contract; or.
Section 23 NR 542.05 (2) (i) is created to read:
NR 542.05 (2) (i) Costs of collecting, transporting, or marketing recyclable materials from a multiple-family dwelling or commercial, retail, industrial, or governmental facility.
Section 24 NR 542.06 (intro.) is amended to read:
NR 542.06 Distribution of grant assistance. The department shall award a grant to each eligible responsible unit that submits a complete application for allowable expenses. The amount of the grant shall be determined as follows: distributed as described under s. 287.23 (5b) and (5p), Stats. Section 25 NR 542.06 (1), (2) and (3) are repealed.
Section 26 NR 542.07 (1), (2) (intro.), (a) and (d) 1. are amended to read:
NR 542.07 (1) Procedure. A completed application shall be submitted to the department by September October 1 in the year preceding the year for which the assistance is sought. Application Applications shall be made on forms provided by the department and submitted in accordance with the department instructions provided.
(2) Contents of Application. An application shall contain information from responsible units required under s. NR 544.10 and all of the following: (a) A resolution of adopted by the responsible unit authorizing its a representative to file the grant application. The authorized representative shall be an official or employee employed position of the responsible unit;.
(d) 1. Making continued progress in creating an effective recycling program as defined under s. 287.11, Stats. by January 1, 1995; Section 27 NR 542.07 (2) (h) and (i) are repealed.
Section 28 NR 542.08 is repealed.
Section 29 NR 542.09 is repealed and recreated to read:
NR 542.09 Grant payments. The department shall disburse all grant payments no later than June 1 of the year for which the grant is made.
Section 30 NR 542.10 (1) (a) (intro.) is amended to read:
NR 542.10 (1) (a) Accounting procedures. Financial schedules and statements information filed with grant applications and payment requests a grant application shall be include estimated eligible costs based on records maintained under generally accepted accounting principles which that meet all of the following minimum requirements:
Section 31 NR 542.10 (1) (b) 2. (Note) is repealed.
Section 32 NR 542.10 (2) is amended to read:
NR 542.10 (2) Records retention and auditing. All responsible units receiving grant funds are subject to audit and shall retain all records pertaining to their programs until for at least 3 years following the end of their participation in the program.
Section 33 NR 542.12 is repealed.
Section 34 NR 542.13 is repealed and recreated to read:
NR 542.13 Repayment of awards. The department may request repayment of all or part of a grant award if it determines at least one of the following has occurred:
(1) The responsible unit spent grant funds on activities not eligible for assistance under s. NR 542.05. (2) The responsible unit did not maintain an effective recycling program in the year for which the grant was awarded.
(3) The responsible unit failed to submit information required under this chapter or ch. NR 544. (4) The responsible unit is in non-compliance with s. 287.11, Stats., or the provisions of this chapter or ch. NR 544. Section 35 NR 542.14 (1) is repealed.
Section 36 NR 542.14 (3) and (5) are amended to read:
