NR 544.03 NoteNote: Plastic containers made of PS and regulated under ch. ATCP 137 will have a triangular symbol with number “6”. NR 544.03 NoteNote: Plastic containers made of PVC and regulated under ch. ATCP 137 will have a triangular symbol with number “3”. NR 544.03(31g)(31g) “Processing” means baling, shredding, pulverizing, composting, separating or otherwise treating or altering by some means to facilitate the further transport, recycling or reuse of solid waste intended to be recycled or reused. NR 544.03(31r)(31r) “Processing facility” has the meaning specified in s. NR 500.03 (181), but does not include facilities where combustion of solid waste occurs. NR 544.03(32)(32) “Public information and education program” means a program to inform citizens, businesses and institutions why and how to participate in community recycling, reduce overall waste and encourage personal actions that result in voluntary compliance. NR 544.03(33m)(33m) “Recycling” means the series of activities by which solid waste is collected, sorted, processed and converted into raw materials and used in the production of new materials. It excludes the use of these materials as a fuel substitute or for energy production. NR 544.03(35)(35) “Residual material” means recyclable materials collected for recycling that are damaged or contaminated during collection or processing to the point that they are no longer marketable. NR 544.03(37)(37) “Reuse” means using a product more than once in its same form for the same or other productive purposes. NR 544.03(38)(38) “Rural municipality" means a municipality with a population of 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. NR 544.03(39)(39) “Single commodity materials recovery facility" means a materials recovery facility that processes only one of the materials specified in s. 287.07 (3) and (4), Stats., not mixed with other solid waste. NR 544.03(39g)(39g) “Single-stream collection” means a system for co-mingled collection of recyclable fibers, containers, or other materials intended for recycling in which the materials are separated from solid waste at the point of collection and transported unsorted by commodity type to a processing facility to be processed into marketable commodities. NR 544.03(41)(41) “Waste reduction” means decreasing the quantity of waste materials or products generated. NR 544.03 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; correction in (17) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 04-113: r. (1), (8), (16), (17), (20), (24), (25), (31) and (40), renum. (2) to be (1) and am., cr. (2), (6m), (12m), (27m), (28m), (31g), (31r), (33m), and (39g), am. (7), (12), (21), (37), (39) and (41) Register June 2005 No. 594, eff. 7-1-05; correction in (38) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690; CR 23-065: r. (2), (3), am. (6m), (8am), r. (12m), am. (13), (21), (22), (27m), (33), (38), (39), (39g) Register June 2025 No. 834, eff. 7-1-25. NR 544.04NR 544.04 Required components of an effective recycling program. The effective recycling program of a responsible unit shall include all of the following components: NR 544.04(1)(1) A public information and education program that is reviewed by the responsible unit at least annually to confirm accuracy, including confirmation of the materials accepted at a materials recovery facility used as part of the effective recycling program. The public information and education program shall address all of the following: NR 544.04(1)(c)(c) Proper disposal of used batteries and opportunities for recycling batteries. NR 544.04(1)(d)(d) Prohibitions on landfill disposal of oil filters and oil absorbent materials listed under s. 287.07 (4m), Stats. NR 544.04(1)(e)(e) Waste reduction and reuse efforts at single family and 2 to 4 unit residences, multiple-family dwellings, and non-residential facilities and properties. NR 544.04(1)(f)(f) Reasons and ways to reduce food waste and composting opportunities and locations. NR 544.04 NoteNote: 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 and Materials Management at 101 S. Webster St, P.O. Box 7921, Madison, WI 53707.
NR 544.04(3)(3) A system which meets the provisions of s. NR 544.05 for collecting from single family and 2 to 4 unit residences the materials specified in s. 287.07 (3) and (4), Stats. A responsible unit may provide information on where and how to recycle waste tires specified in s. 287.07 (3), Stats., in lieu of providing a system for collection of waste tires. NR 544.04(4)(4) A system for single family and 2 to 4 unit residences which meets the provisions of s. NR 544.05 for processing and marketing of the recyclable materials specified in s. 287.07 (3) and (4), Stats., which have been separated for recycling or recovered from solid waste in as pure a form as is technically feasible. NR 544.04(5)(5) Equipment and staff to implement the recycling program serving single family and 2 to 4 unit residences which may include contracting for services, staff, supplies and equipment from vendors. NR 544.04(7)(7) A requirement that owners of 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. Owners of multiple-family dwellings and non-residential facilities and properties or their designated agents may provide information on where and how to recycle waste tires specified in s. 287.07 (3), Stats., in lieu of providing for collection of waste tires. NR 544.04(8)(8) A prohibition against disposing of in a solid waste facility or burning in a solid waste treatment facility the materials specified in s. 287.07 (3) and (4), Stats., which have been separated for recycling. NR 544.04(9)(9) A means of adequately enforcing the requirements of the effective recycling program. NR 544.04(9g)(9g) 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 that is commonly encountered by the responsible unit. NR 544.04(9r)(9r) Submittal of an annual program report that meets the requirements specified in s. NR 544.10. NR 544.04(10)(10) Provisions for the management of the postconsumer waste that is generated within the responsible unit and that is not separated or recovered for recycling in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats. NR 544.04(11)(11) A reasonable effort to reduce to the maximum extent feasible, the amount, by weight, of each material specified in s. 287.07 (3) and (4), Stats., that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility. NR 544.04 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (intro.), (1), (7) and (10), r. (6), cr. (9g) and (9r) Register June 2005 No. 594, eff. 7-1-05; CR 23-065: r. and recr. (1), am. (3), (7), (9g) Register June 2025 No. 834, eff. 7-1-25. NR 544.05NR 544.05 Collection and processing systems. NR 544.05(1)(a)(a) General requirements. Except as provided under sub. (3), systems for collecting the materials specified under s. 287.07 (3) and (4), Stats., from single family and 2 to 4 unit residences shall meet all of the following requirements: NR 544.05(1)(a)1.1. Separate the materials from other solid waste prior to collection and maintain that separation during the collection process. NR 544.05(1)(a)5.5. A municipal collection system that provides the minimum monthly curbside collection under par. (b), (c), or (d) shall ensure that residents have access to a drop-off collection service. NR 544.05(1)(b)(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: NR 544.05(1)(b)2.2. 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. NR 544.05(1)(c)(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: NR 544.05(1)(c)1.1. A drop-off collection service. A rural municipality that provides only drop-off collection service shall ensure that all of the following conditions are met: NR 544.05(1)(c)1.a.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. NR 544.05(1)(c)1.b.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. NR 544.05(1)(d)(d) Individual collection services. A municipality may meet the collection system requirements for an effective recycling program if it requires all single family and 2 to 4 unit residences in the municipality to contract individually for at least monthly curbside collection and recycling of the materials specified under s. 287.07 (3) and (4), Stats. An individual collection service shall qualify as an acceptable collection system under this subsection provided the municipality or the responsible unit completes all of the following: NR 544.05(1)(d)1.1. The recycling ordinance required under s. NR 544.06 shall require that all single family and 2 to 4 unit residences within the municipality contract for at least monthly curbside collection of the materials specified under s. 287.07 (3) and (4), Stats. NR 544.05(1)(d)2.2. The compliance assurance plan required under s. NR 544.04 (9g) shall include in its description of its system of enforcement how the municipality or responsible unit will address cases where a single family or 2 to 4 unit residence has not contracted for individual collection service. NR 544.05(1)(d)3.3. The tonnage of materials specified under s. 287.07 (3) and (4), Stats., that are collected using an individual collection service shall be reported to the department under s. NR 544.10. NR 544.05(2)(a)(a) Processing systems utilized as part of an effective recycling program shall produce materials or products of marketable quality. NR 544.05(2)(b)(b) Except as provided in sub. (3), a responsible unit shall use as part of its effective recycling program one or more materials recovery facilities that are self-certified under s. NR 544.16. NR 544.05(3)(3) Alternative collection and processing systems. NR 544.05 NoteNote: Alternative processing and collection systems that may be approved under this paragraph include systems that do not maintain the physical separation of solid waste from recyclable materials during collection or transportation.
NR 544.05(3)(c)(c) Single stream collection systems that use a materials recovery facility that is self-certified under s. NR 544.16 shall qualify as acceptable collection systems under this subsection and do not require approval for alternative collection systems. NR 544.05 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1) (a) 4., (b), (c), (2) and (3) Register June 2005 No. 594, eff. 7-1-05; CR 23-065: am. (1) (a) (intro.), r. (1) (a) 2., 4., cr. (1) (a) 5., r. and recr. (1) (b), (c), cr. (1) (d), am. (3) (a), (b) Register June 2025 No. 834, eff. 7-1-25; correction in (1) (a) 5. made under s. 35.17, Stats., Register June 2025 No. 834. NR 544.06NR 544.06 Components of a recycling ordinance. NR 544.06(1)(1) A responsible unit seeking approval under this chapter shall adopt and enforce a recycling ordinance meeting the requirements of this section, except that a multiple-municipality responsible unit is not required to adopt an ordinance for any of its members which have and enforce their own ordinances under this section. No unit of government in a multiple-municipality responsible unit other than the responsible unit may be required to adopt or enforce an ordinance under this section. NR 544.06 NoteNote: A responsible unit is authorized 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), (2), (3), and (4), Stats., and the priorities under s. 287.05 (12), Stats. NR 544.06(2)(a)(a) A requirement that the occupants of single family and 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), (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 that is burned as a supplemental fuel at a facility if less than 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. NR 544.06(2)(b)(b) A requirement that owners or designated agents of multiple-family dwellings in the region do all of the following unless postconsumer waste generated in those properties is treated at a processing facility that recovers for recycling the materials specified in s. 287.07 (3) and (4), Stats., from that solid waste in as pure a form as is technically feasible: NR 544.06(2)(b)1.1. Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met: NR 544.06(2)(b)1.a.a. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit. NR 544.06(2)(b)1.b.b. The ratio of trash container volume to recycling container volume is at most 2:1. NR 544.06(2)(b)1.c.c. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility. NR 544.06(2)(b)2.2. 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), (2), (3), and (4), Stats. This notification shall include what materials are collected at this location and how to prepare the materials in order to meet the processing requirements. The notification shall indicate locations of drop-off collection sites to recycle materials not collected on-site. NR 544.06(2)(b)3.3. Provide for the collection of recyclable materials specified under s. 287.07 (4), Stats., separated from solid waste by the tenants, and the delivery of 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 and delivery to a recycling facility. NR 544.06(2)(c)(c) A requirement that owners or designated agents of non-residential facilities and properties in the region do all of the following unless postconsumer waste generated in those facilities and properties is treated at a processing facility that recovers the materials specified in s. 287.07 (3) and (4), Stats., from solid waste in as pure a form as is technically feasible: NR 544.06(2)(c)1.1. Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility. NR 544.06(2)(c)2.2. Notify in writing, at least semi-annually, all users, tenants and occupants of the facilities and properties, including members of the public who use services provided by the facilities and properties, of how to appropriately recycle the materials specified under s. 287.07 (1m), (2), (3), and (4), Stats. This notification shall include what materials are collected at this location and how to prepare the materials in order to meet the processing requirements. The notification shall indicate locations of drop-off collection sites for recyclable materials not collected on-site. NR 544.06(2)(c)3.3. Provide for the collection of recyclable materials separated from the solid waste by the users, tenants and occupants and the delivery of the recyclable materials to a recycling facility. NR 544.06(2)(d)(d) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility the materials specified in s. 287.07 (3) to (4), Stats., which have been separated for recycling. NR 544.06(2)(e)1.1. Appropriate penalties for violations of the various provisions of the ordinance which are consistent with the forfeitures under ss. 287.95 and 287.97, Stats.
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