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. NR 544.06(2)(e)2.2. Authorization for the use of citations to be issued for violations of the ordinance. NR 544.06 NoteNote: 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 HistoryHistory: 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 544.07NR 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 544.08NR 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 NoteNote: 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)(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)(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)(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. NR 544.08(3)(f)(f) A demonstration that the amount of residual material resulting from the proposed alternative systems will not exceed the average residual amount that is generated from other materials recovery facilities of similar size or capacity. NR 544.08 NoteNote: Information on the average residual amount generated from materials recovery facilities 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 544.08 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1), (2) (intro.), (c), (g), (k), (m), (3) (intro.) and (c), r. (2) (h) Register June 2005 No. 594, eff. 7-1-05; CR 23-065: am. (2) (c), (d), (g), (j), (k), r. (3) (c), am. (3) (f) Register June 2025 No. 834, eff. 7-1-25. NR 544.09NR 544.09 Initial program or alternative collection or processing system approval process. Upon receipt of a complete application, the department shall either approve or disapprove the application in writing within 90 days. The determination of the department shall be based upon compliance with this chapter. An approval may be conditioned upon any requirements necessary to comply with this chapter. NR 544.09(1)(1) Approval of application. The department shall approve a responsible unit’s application as effective if all of the following are met: NR 544.09(2)(2) Denial of application. The department may deny a responsible unit’s application for approval for any of the following reasons: NR 544.09(2)(e)(e) Failure to submit complete information under s. NR 544.08 (3) for alternative collection or processing systems, if applicable. NR 544.09 HistoryHistory: 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. (1) (intro.), r. (1) (c), (2) (c), cr. (2) (e) Register June 2025 No. 834, eff. 7-1-25. NR 544.10(1)(1) Report. A responsible unit with an approved effective recycling program shall submit a report to the department under this section by April 30 of each year documenting program activity for the prior calendar year. For all measurements, a responsible unit shall use sampling methods or measurements specified by the department. The report shall demonstrate to the satisfaction of the department that the recycling program meets the requirements of this chapter and any conditions of the approved program. The report shall be submitted on a form supplied by the department. NR 544.10 NoteNote: 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 544.10(2)(2) Contents of report. At a minimum, the report shall consist of all of the following: NR 544.10(2)(a)(a) A statement indicating that the program is operating as initially approved or, if there have been changes during the reporting year, a description of those changes. NR 544.10(2)(b)(b) A statement that the recycling ordinance and efforts to enforce that ordinance are still in effect. NR 544.10(2)(bm)(bm) A statement that the compliance assurance plan is in effect to support the recycling ordinance. NR 544.10(2)(c)(c) A statement that the collection system for single family and 2 to 4 unit residences is operating, and, if there have been changes during the reporting year, a description of those changes. NR 544.10(2)(cm)(cm) A statement that all materials specified under s. 287.07 (4), Stats., are collected from single family and 2 to 4 unit residences. NR 544.10(2)(f)(f) A statement identifying how materials collected from single family and 2 to 4 unit residences are processed and marketed. NR 544.10(2)(g)(g) A statement on the participation or compliance at multiple-family dwellings and non-residential facilities and properties including documentation of inspections and response to complaints regarding the recycling program. NR 544.10(2)(h)(h) A statement on opportunities for residents to reduce, reuse, or recycle the materials specified under s. 287.07 (1m), (2), (4m), and (5) (a), Stats., including opportunities at private facilities accessible to the public. NR 544.10(2)(i)(i) A statement that the provisions for the management of solid waste that is generated in the responsible unit’s region 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 544.10(2)(j)(j) A statement that efforts are ongoing to improve the effectiveness of the recycling program, including waste reduction and reuse initiatives and efforts to increase collection of recyclable materials. NR 544.10(2)(k)(k) If the responsible unit received a grant under ch. NR 542 for the reporting year, a financial report. NR 544.10(2)(L)(L) A description of the public information and education program of the responsible unit during the reporting year. NR 544.10 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1), (2) (d) and (i) Register June 2005 No. 594, eff. 7-1-05; CR 23-065: am. (1), (2) (intro.), (a), (b), cr. (2) (bm), am. (2) (c), cr. (2) (cm), am. (2) (d), (f), (h) to (j), cr. (2) (k), (L) Register June 2025 No. 834, eff. 7-1-25.
