Chapter NR 542

NR 542.04(1) (1) Eligible applicants. The following responsible units are eligible for assistance under this chapter:

NR 542.04(1)(a) (a) For assistance in 1992 to 1994, any responsible unit.

NR 542.04(1)(b) (b) For assistance in 1995 to 2000, a responsible unit that has been determined by the department to have an effective recycling program.

NR 542.04(2) (2) Ineligible applicants.

NR 542.04(2)(a) (a) Responsible units that have not maintained an effective recycling program, following approval of the recycling program under s. 287.11, Stats., are ineligible for grant assistance the following year unless they have met one of the following:

NR 542.04(2)(a)1. 1. Their program has again been approved by the department;

NR 542.04(2)(a)2. 2. The department determines that they have performed substantial remedial actions and submitted an acceptable timetable for completion of remaining actions.

NR 542.04(2)(b) (b) A responsible unit that has spent funds received under this program on ineligible costs as outlined under s. NR 542.05 (2) is ineligible for:

NR 542.04(2)(b)1. 1. Grant assistance the following year if the funds were intentionally diverted to other purposes by the responsible unit.

NR 542.04(2)(b)2. 2. A portion of the grant assistance the following year if the responsible unit does not repay the funds to the department and the amount exceeds any outstanding grant payments owed the responsible unit.

NR 542.04 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.05 NR 542.05 Eligible and ineligible costs.

NR 542.05(1) (1) Eligible costs. The grantee’s recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing or operating a recycling program are eligible for grant assistance. Eligible costs may include, but are not limited to:

NR 542.05(1)(a) (a) The costs of planning, including consultant fees;

NR 542.05(1)(b) (b) Construction costs, including capitalized interest, professional services of an attorney, and engineering services for design, construction and construction inspection;

NR 542.05(1)(c) (c) Training, salaries and fringe benefit costs of personnel;

NR 542.05(1)(d) (d) The purchase of necessary supplies;

NR 542.05(1)(e) (e) Capital purchases for:

NR 542.05(1)(e)1. 1. Equipment; equipment costing $1,000 or more and with an expected life of 3 years or more will be funded on an amortized basis;

NR 542.05(1)(e)2. 2. Land, including site acquisition at fair market value and site preparation costs;

NR 542.05(1)(f) (f) The allocable cost of using equipment not purchased with grant monies as provided under s. NR 542.10 (1) (b)3;

NR 542.05(1)(g) (g) Costs of collecting recyclables, marketing and transporting recyclables to market;

NR 542.05(1)(h) (h) Public education and enforcement costs;

NR 542.05(1)(i) (i) Written contracts entered into by responsible units to obtain services necessary for an effective recycling program;

NR 542.05(1)(j) (j) The following costs of a solid waste facility designed to recover recyclables from postconsumer waste:

NR 542.05(1)(j)1. 1. All costs that can be directly isolated to the recycling component;

NR 542.05(1)(j)2. 2. The proportionate share of the remaining costs as calculated as a proportion of recovered recyclables to total waste, by weight; and

NR 542.05(1)(k) (k) Cost of documenting how solid waste which is generated in the grantee’s region and is not separated or recovered for recycling will be managed, as required by s. 287.11 (2) (ew), Stats.

NR 542.05(2) (2) Ineligible costs. Costs not directly associated with or not necessary for planning, construction or operation of an effective recycling program are not eligible for grant assistance. Ineligible costs include, but are not limited to:

NR 542.05(2)(a) (a) Costs incurred either prior to January 1 or after December 31 for each grant;

NR 542.05(2)(b) (b) The costs of collecting and disposing of municipal solid waste not separated for recycling, except as provided for in sub. (1) (k);

NR 542.05(2)(c) (c) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws, regulations, rules and ordinances;

NR 542.05(2)(d) (d) Ordinary operating expenses of local government, such as salaries and expenses of a mayor or city council members that are not directly related to the recycling program;

NR 542.05(2)(e) (e) Interest or finance charges;

NR 542.05(2)(f) (f) Costs for which payment has been or will be received under another federal or state financial assistance program;

NR 542.05(2)(g) (g) Costs incurred in a contract which 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:

NR 542.05(2)(g)1. 1. The official or employee, or his or her partner or immediate family member, has an ownership interest in the firm selected for the contract; or

NR 542.05(2)(g)2. 2. Any person identified in subd. 1. receives any contract, gratuity or favor from the award of the contract;

NR 542.05(2)(h) (h) The purchase of plastic containers for the collection of recyclable materials unless the recycled content of the plastic containers is at least 25% by weight.

NR 542.05 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.06 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:

NR 542.06(1) (1) For a county that is the responsible unit for at least 75% of the population of the county, $100,000 or the amount determined under sub. (2), whichever is greater.

NR 542.06(2) (2) Unless total grant requests exceed the amount of funds available, the amount of the grant for all other responsible units will equal the lesser of the following:

NR 542.06(2)(a) (a) The population of the responsible unit times $6.

NR 542.06(2)(b) (b) Sixty-six percent of eligible expenses, minus any avoided disposal costs.

NR 542.06(3) (3) If the total of approvable grant requests exceeds the amount of funds available, the department shall allocate funds in the following manner:

NR 542.06(3)(a) (a) Counties that are to receive $100,000 grants under sub. (1) will not be prorated;

NR 542.06(3)(b) (b) All remaining responsible units’ grant awards shall be multiplied by the following ratio:

Total funds available - awards from sub. (1)
Total remaining requests from sub. (2)

NR 542.06 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.07 NR 542.07 Grant assistance application.

NR 542.07(1) (1) Procedure. A completed application shall be submitted to the department by September 1 in the year preceding the year for which the assistance is sought. Application shall be made on forms provided by the department in accordance with the instructions provided.

NR 542.07 Note Note: Forms and instructions may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.

NR 542.07(2) (2) Contents of application. An application shall contain all of the following:

NR 542.07(2)(a) (a) A resolution of the responsible unit authorizing its representative to file the grant application. The authorized representative shall be an official or employee of the responsible unit;

NR 542.07(2)(b) (b) The information specified in s. 287.09 (2) (b), Stats.;

NR 542.07(2)(c) (c) A description of the program, the processes and methods to be used, including who will implement them, and a timetable for implementation;

NR 542.07(2)(d) (d) Documentation that the assistance, when combined with future anticipated assistance, will result in the responsible unit doing one of the following:

NR 542.07(2)(d)1. 1. Making continued progress in creating an effective recycling program as defined under s. 287.11, Stats., by January 1, 1995;

NR 542.07(2)(d)2. 2. Maintaining an effective recycling program following approval of the recycling program under s. 287.11, Stats.;

NR 542.07(2)(e) (e) A financial schedule itemizing revenues and expenses of all programs and activities likely to be funded under the proposed grant;

NR 542.07(2)(f) (f) A financial report if the responsible unit received a grant under this chapter, or 1989 Wis. Act 335, section 85 (5), for the grant period preceding the grant period for which the application is being made. It shall include a statement of whether any portion of that grant was or is likely to be spent on ineligible activities, and the actual or estimated amount;

NR 542.07(2)(g) (g) An amortization schedule for all equipment, included in projected program costs, with a useful life exceeding 3 years and a cost greater than $1,000;

NR 542.07(2)(h) (h) A copy of any executed contracts for the performance of any portion of the program;

NR 542.07(2)(i) (i) A preliminary project design, engineering plans and specifications for the facility and equipment, as appropriate to the proposed project.

NR 542.07 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.08 NR 542.08 Grant assistance conditions and requirements. Before awarding a grant to a responsible unit, the department shall determine that all of the applicable requirements of s. NR 542.07 have been met and the responsible unit shall assure that it will comply with the following:

NR 542.08(1) (1) Operation and maintenance. The responsible unit shall agree to operate and provide adequate maintenance of facilities purchased or developed with state grant assistance;

NR 542.08(2) (2) Access. The grantee shall insure that department representatives will have access to the recycling facilities, including construction activities;

NR 542.08(3) (3) Prevailing market rate. No grantee may pay above the prevailing market rate for recyclables for any year in which it receives grant assistance.

NR 542.08 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.09 NR 542.09 Grant payments.

NR 542.09(1) (1) First payment. The department shall disburse 50% of a grant to the applicant upon approval, but not later than January 1 of the year for which the grant is made.

NR 542.09(2) (2) Second payment. The department shall disburse 25% of the grant not later than July 1 of the year for which the grant is made.

NR 542.09(3) (3) Final payment. The department shall disburse the final balance of the eligible net program costs to the grantee based on the final payment request. The final payment request shall be submitted on forms provided by the department, following the instructions provided, not later than April 30 of the year following the grant year. The department may withhold all or part of a grant payment if it determines that either:

NR 542.09(3)(a) (a) The responsible unit spent grant funds on activities not eligible for assistance as outlined under s. NR 542.05; or

NR 542.09(3)(b) (b) The responsible unit has not maintained an effective recycling program following initial approval of its program as effective as outlined in s. NR 542.08. Funds withheld under this provision may be paid if the responsible unit corrects all program deficiencies to the satisfaction of the department within one year of the original finding.

NR 542.09 Note Note: Forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707.

NR 542.09 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.10 NR 542.10 Grantee accountability.

NR 542.10(1) (1) Records management. Each responsible unit shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides clear references to source or original documents.

NR 542.10(1)(a) (a) Accounting procedures. Financial schedules and statements filed with grant applications and payment requests shall be based on records maintained under generally accepted accounting principles which meet the following minimum requirements:

NR 542.10(1)(a)1. 1. Program accounts shall separate grant receipts and eligible expenditures from those allocable to other programs and activities.

NR 542.10(1)(a)2. 2. Receipts and expenditures shall be listed in sufficient detail to provide a basis for accurate and complete program reporting.

NR 542.10(1)(a)3. 3. All program receipts shall be identified in sufficient detail to reflect their source and purpose.

NR 542.10(1)(a)4. 4. Supporting records for all program expenditures shall be itemized in detail to indicate the nature and appropriateness of each. Proof of payment, such as canceled checks or receipts from vendors, shall be maintained.

NR 542.10(1)(a)5. 5. Time and attendance records describing the work performed, specifying project hours worked by day, and both signed by the employee and bearing evidence of management approval, shall be maintained, along with computations showing hourly pay rates and allocation of fringe benefits.

NR 542.10(1)(b) (b) Fiscal controls.

NR 542.10(1)(b)1. 1. Any consultant, construction or service contract totalling $10,000 or more annually shall be covered by a formal contract or agreement specifying financial terms, contract duration and services to be rendered.