(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 Section 25 NR 542.06 (1), (2) and (3) are repealed.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 by January 1, 1995; Section 27 NR 542.07 (2) (h) and (i) are repealed.
Section 28 NR 542.08 is repealed.
Section 29 NR 542.09 is repealed and recreated to read: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.
Section 44 NR 544.05 (1) (intro.) is amended to read:
NR 544.05 (1) (a) General requirements. Except as provided in under sub. (3), systems for collecting the materials specified in under s. 287.07 (3) and (4), Stats., from single family and 2 to 4 unit 2- to 4-unit residences shall meet all of the following requirements: Section 45 NR 544.05 (1) (a) 2. and 4. are repealed.
Section 46 NR 544.05 (1) (b) and (c) are repealed and recreated to read:
NR 544.05 (1) (b) Collection systems in urban municipalities. A municipality with a population greater than 5,000 shall provide, contract for provision of, or otherwise provide for, a system for collection of the materials specified under s. 287.07 (3) and (4), Stats., from each single family residence and 2- to 4-unit residence. The collection system shall provide one of the following or be a combination that ensures all residents of the municipality are provided with recycling service for the specified materials: 1. Curbside collection at least monthly for all the materials specified under s. 287.07 (4), Stats. A municipality that provides curbside collection monthly shall ensure that residents have access to a drop-off collection service. 2. A drop-off collection system that is utilized at least monthly by at least 80 percent of the single family and 2- to 4-unit residences in the municipality as documented by drop-off site monitoring records.
(c) Collection systems in rural municipalities. A municipality with a population of 5,000 or less shall provide, contract for provision of, or otherwise provide for each single family and 2- to 4-unit residence either drop-off or curbside collection service for the materials specified under s. 287.07 (3) and (4), Stats. The collection system shall provide one of the following or be a combination that ensures all residents of the municipality are provided with recycling service for the specified materials: 1. A drop-off collection service. A rural municipality that only provides drop-off collection service shall ensure that all of the following conditions are met:
a. The size of the facility is adequate to meet the needs of single family and 2- to 4-unit residences to recycle the materials specified and the total volume of recycling containers is sufficient to avoid overflow during the time periods between collection of material for delivery to a processing facility.
b. The site is open at least 2 days each month for a minimum of 5 hours each day, unless demonstrated by the municipality that fewer hours adequately meet the needs of the residents.
2. A curbside collection service that is provided at least monthly. A rural municipality that provides monthly curbside collection shall ensure that residents also have access to a drop-off collection service.
Section 47 NR 544.05 (1) (d) is created to read:
NR 544.05 (1) (d) Individual collection services. A municipality may meet the collection system requirements for an effective recycling program if it requires its residents of single family and 2- to 4-unit residences in the responsible unit region to contract individually for at least monthly curbside collection and recycling of the materials specified under s. 287. 07 (4), Stats.
Section 48 NR 544.05 (3) (a), (b) and (Note) are amended to read:
NR 544.05 (3) (a) A responsible unit may apply to the department under s. NR 544.08 (3) for approval of an alternate collection system that does not comply with meet the requirements under sub. (1) (a) 1. and 2., and either par. (b) or (c). (b) A responsible unit may apply to the department under ss. NR 502.08 and 544.08 (3) for approval of an alternative processing system that does not comply with meet the requirement under sub. (2) (b). Note: Examples of alternative Alternative processing and collection systems which that may be approved under this paragraph include but are not limited to, mixed waste processing and co-collection systems that do not maintain the physical separation of solid waste from recyclable materials during collection or transportation.
Section 49 NR 544.06 (1) (Note), (2) (a) and (b) 1. are amended to read:
NR 544.06 (1) Note: A responsible unit is authorized by under s. 287.09 (3) (b), Stats., to adopt an ordinance to enforce the recycling program established under s. 287.09 (2) (a), Stats., to comply with s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), (4), (4m), and (5), Stats., and the priorities under s. 287.05 (12), Stats. (2) (a) A requirement that the occupants of single family and 2 to 4 unit 2- to 4-unit residences, multiple-family dwellings and non-residential facilities and properties in the region either separate for recycling the materials specified under s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), and (4), Stats., from postconsumer waste generated in the region or send the material to a licensed processing facility that recovers for recycling those materials from solid waste in as pure a form as is technically feasible. This requirement does not apply to solid waste which that is burned as a supplemental fuel at a facility if less than 30% 30 percent of the heat input into the facility is derived from the solid waste burned as supplemental fuel in accordance with s. 287.07 (7) (bg), Stats. (b) 1. Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling collection containers shall at least equal the number of trash collection containers and at least one of the following shall be met:
Section 50 NR 544.06 (2) (b) 1. a., b., and c. are created to read:
NR 544.06 (2) (b) 1. a. The minimum total volume of container space for recycling is equal to 20 gallons per week per dwelling unit.
b. The ratio of trash container volume to recycling container volume is at most 2:1.
c. An alternative method that does not result in recyclable container overflow during the time period between collection of materials for delivery to a recycling facility.
Section 51 NR 544.06 (2) (b) 2., 3., (c) 1., 2. and (d) are amended to read:
NR 544.06 (2) (b) 2. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter of how to appropriately recycle the materials specified under s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), and (4), Stats., at this location. This notification shall include reasons to reduce and recycle waste, which what materials are collected at this location, and how to prepare recyclable the materials in order to meet the processing requirements, and collection methods or sites. The notification shall indicate locations and hours of operation of drop-off collection sites for recyclable to recycle materials not collected on-site, including a contact person or company, address and phone number. 3. Provide for the collection of recyclable materials specified under s. 287.07 (4), Stats, separated from the solid waste by the tenants, and the delivery of recyclable the materials to a recycling facility. The total volume of the recycling containers shall be sufficient to avoid overflow during the time period between collection of materials for delivery to a recycling facility.
