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Section 10 NR 502.08 (2) (b) is repealed and recreated to read: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 Section 13 NR 542.02 (Note) is repealed.
Section 14 NR 542.03 (3) is repealed.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 Section 18 NR 542.03 (9) is repealed.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:
NR 542.14 (3) Payment otherwise due to the grantee under s. NR 542.09 may be withheld. (5) The department may seek recovery of some or all payments under s. NR 542.13. Section 37 NR 544.02 (3) is created to read:
NR 544.02 (3) Materials recovery facilities as defined under s. 287.27 (1), Stats., including a materials recovery facility used as part of an effective recycling program. Section 38 NR 544.03 (2) and (3) are repealed.
Section 39 NR 544.03 (6m), and (8m) are amended to read:
NR 544.03 (6m) “Designated agent” means any person who, on behalf of or by agreement with the owner or operator of a multi-family multiple-family dwelling or of a non-residential facility or property, provides goods or services at that location.
(8m) “Floodplain” means the land which has been or may be hereafter covered by flood water during the regional flood as defined in ch. NR 116, and includes the floodway and the flood fringe as defined in ch. NR 116 has the meaning specified in s. NR 500.03 (87). Section 40 NR 544.03 (12m) is repealed.
Section 41 NR 544.03 (13), (21), (22), (27m), (33), (38), (39), and (39g) are amended to read:
NR 544.03 (13) “Multiple-family dwelling” means a property structure containing 5 or more residential units, including those which units that are occupied seasonally.
(21) “Non-residential facilities and properties” means commercial, retail, industrial, institutional, and governmental facilities and properties. It “Non-residential facilities and properties” includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as, but not limited to, fairs, festivals, sport venues, conferences, and exhibits.
(22) “Office paper” means a variety of high grade printing and writing papers from offices in non-residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term “Office paper” does not include industrial process waste or newspaper and packaging.
(27m) “Plastic container” means a rigid plastic container including those made of PETE (#1), HDPE (#2), PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7) has the meaning specified under s. 287.01 (6), Stats. (38) “Rural municipality" means a municipality with a permanent population of 70 persons per square mile or fewer, as determined under s. 287.24 (1), Stats. 5,000 or less, based on the most recent decennial or special census or the most recent subsequent population estimate under s. 16.96, Stats. (39) “Single commodity materials recovery facility" means a materials recovery facility where that processes only one of the materials specified in s. 287.07 (3) and (4), Stats., not mixed with other solid waste, is processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process. (39g) “Single-stream collection” means a system for co-mingled collection of recyclable fibers, containers, or other recyclable materials intended for recycling in which these the materials are separated from solid waste at the point of collection and are transported unsorted by commodity type to a processing facility to be sorted processed into marketable commodities.
Section 42 NR 544.04 (1) is repealed and recreated to read:
NR 544.04 (1) A public information and education program that addresses all of the following:
(b) Recycling of electronic devices under s. 287.07 (5) (a), Stats., and opportunities for recycling electronic devices and batteries. (c) Prohibitions on landfill disposal of oil filters and oil absorbent materials listed under s. 287.07 (4m), Stats. (d) Waste reduction and reuse efforts at single family and 2- to 4-unit residences, multiple-family dwellings, and non-residential facilities and properties.
(e) Reasons and ways to reduce food waste and composting opportunities and locations.
(f) Program start-up and regular distribution of current program information that shall be checked at least annually to confirm accuracy and to confirm the materials accepted at a material recovery facility used as part of the program.
Note: Distribution of education and outreach materials by the responsible unit may include public posting including online posting, electronic and printed mailings, and use of social media. Public outreach materials are available for use at no cost and 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.
Section 43 NR 544.04 (7) and (9g) are amended to read:
NR 544.04 (7) A requirement that owners of multiple family multiple-family dwellings and non-residential facilities and properties or their designated agents provide for the recycling at their facilities and properties of materials specified in s. 287.07 (3) and (4), Stats. (9g) Beginning August 1, 2006, a A compliance assurance plan describing the procedure the responsible unit will follow to address at a minimum one act of non-compliance with recycling requirements specified in its recycling ordinance which that is commonly encountered by the responsible unit.
