Chapter NR 544

NR 544.04(1)(f) (f) Reasons and ways to reduce food waste and composting opportunities and locations.

NR 544.04 Note 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 and Materials Management at 101 S. Webster St, P.O. Box 7921, Madison, WI 53707.

NR 544.04(2) (2) An ordinance that contains the provisions specified in s. NR 544.06.

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 History History: 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 544.05 NR 544.05 Collection and processing systems.

NR 544.05(1) (1) Collection 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)3. 3. Maintain the materials collected in marketable condition.

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)1. 1. Curbside collection at least monthly for all the materials specified under s. 287.07 (3) and (4), Stats.

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)(c)2. 2. A curbside collection service that is provided at least monthly.

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) (2) Processing systems.

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(3)(a) (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 meet the requirements under sub. (1) (a) 1. and par. (b), (c), or (d).

NR 544.05(3)(b) (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 meet the requirement under sub. (2) (b).

NR 544.05 Note Note: 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 History History: 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 544.06 NR 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 Note Note: 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) (2) At a minimum, a recycling ordinance required under s. NR 544.04 (2) shall include all of the following:

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) (e) Provisions for enforcement, including the following:

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.

NR 544.06(2)(e)2. 2. Authorization for the use of citations to be issued for violations of the ordinance.

NR 544.06 Note Note: Section 66.0113, Stats., authorizes the use of citations to be issued for ordinance violations.

NR 544.06(2)(e)3. 3. Adequate inspection authority to ascertain compliance with the ordinance.

NR 544.06 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1), (2) (b) 2. and (c) 2., r. (2) (b) 4. and (c) 4. Register June 2005 No. 594, eff. 7-1-05; CR 23-065: am. (2) (a), renum. (2) (b) 1. to (2) (b) 1. (intro.) and am., cr. (2) (b) 1. a. to c., am. (2) (b) 2., 3., (c) 1., 2. Register June 2025 No. 834, eff. 7-1-25; correction in (2) (b) 1. c., 3., (c) 1. made under s. 35.17, Stats., Register June 2025 No 834.

NR 544.07 NR 544.07 Record-keeping requirements. A responsible unit subject to this chapter shall maintain records supporting its application and documenting its compliance with this chapter. The records shall be available for department review. The responsible unit shall retain its records related to the annual program report submitted under s. NR 544.10 for at least 3 years following the submittal of that year’s annual program report.

NR 544.07 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05; CR 23-065: am. Register June 2025 No. 834, eff. 7-1-25.

NR 544.08 NR 544.08 Application for initial program or alternative collection or processing system approval.

NR 544.08(1) (1) Application. A responsible unit seeking an initial determination that its program is an effective recycling program or the approval of an alternative collection or processing system under this chapter shall apply to the department under this section. For all measurements, a responsible unit shall use sampling methods or measurements specified by the department. Applications shall be submitted on a form supplied by the department.

NR 544.08 Note Note: This form, or specific data formats for electronic submittal of the form, 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.

NR 544.08(2) (2) Contents of application for initial program approval. The application for initial program approval shall provide all of the following information:

NR 544.08(2)(a) (a) A description of the public information and education program under s. NR 544.04 (1).

NR 544.08(2)(b) (b) Certified copies of all ordinances containing the provisions specified in s. NR 544.06.

NR 544.08(2)(c) (c) A description of the collection system for single family and 2 to 4 unit residences. A responsible unit shall also apply for the approval of an alternative collection or processing system under sub. (3) if the collection system is not consistent with the requirements under s. NR 544.05 (1) (a) 1. and either par. (b) or (c).

NR 544.08(2)(d) (d) A description of the systems for processing and marketing recyclable materials collected from single family and 2 to 4 unit residences.

NR 544.08(2)(e) (e) An estimate of the total amount of recyclable materials collected in the calendar year prior to the year of application.

NR 544.08(2)(f) (f) A description of the equipment and staffing for its recycling program or contracts for services, staff, supplies and equipment from vendors.

NR 544.08(2)(g) (g) A description of its system of enforcement and a copy of its compliance assurance plan as required under s. NR 544.04 (9g).

NR 544.08(2)(i) (i) A description of provisions for recycling at multiple-family dwellings and non- residential facilities and properties.

NR 544.08(2)(j) (j) A description of opportunities for residences to reduce, reuse, or recycle the materials specified under s. 287.07 (1m), (2), (4m), and (5) (a), Stats., including opportunities provided by the private sector.

NR 544.08(2)(k) (k) A statement that the management of solid waste that is generated in the responsible unit and that is not separated or recovered for recycling is managed in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats.

NR 544.08(2)(L) (L) A description of means used 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 facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

NR 544.08(2)(m) (m) The names of all materials recovery facilities that accept recyclable materials collected from the responsible unit, if these are included as a component of the effective recycling program.

NR 544.08(3) (3) Alternative collection or processing systems. A responsible unit that is seeking approval of an alternative to the systems specified in s. NR 544.05 (1) and (2) shall submit to the department the information required in sub. (2) and the following information for initial approval:

NR 544.08(3)(a) (a) A description of the proposed alternative, including the following:

NR 544.08(3)(a)1. 1. The name of the operator or provider or both of the collection, processing and marketing services.

NR 544.08(3)(a)2. 2. Cost estimates of the proposed program.

NR 544.08(3)(b) (b) A comparison of the advantages, disadvantages and costs of the proposed alternative to the systems described in s. NR 544.05 (1) and (2).

NR 544.08(3)(d) (d) A description of operating procedures that will be used to minimize contamination and loss of recyclable materials during collection and processing.

NR 544.08(3)(e) (e) A demonstration that the proposed systems will recover the materials specified in s. 287.07 (3) and (4), Stats., from solid waste in as pure a form as is technically feasible and that the materials are marketable.