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. NR 544.11NR 544.11 Annual program report review process. NR 544.11(1)(1) The department shall review the annual program report of the responsible unit for the following: NR 544.11(1)(a)(a) Compliance with the conditions of effective recycling program approval. NR 544.11(2)(2) If the department finds that the responsible unit does not meet the requirements of sub. (1) (a) or (b), the department may take any of the following actions: NR 544.11 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. (2) (a) to (c), r. (2) (d), cr. (2) (e) Register June 2025 No. 834, eff. 7-1-25. NR 544.12(2)(2) A responsible unit that has been placed on probation under s. NR 544.11 (2) (b) may be required to submit a plan to the department describing the actions it intends to take to meet the requirements of this chapter. The department shall review this plan and may require conditions in its approval. The department shall monitor a responsible unit’s recycling program to ensure compliance with the probationary plan. NR 544.13NR 544.13 Responsible units located in current service areas of facilities exempt under s. 287.07 (7) (b), Stats. A responsible unit that is located in the current service area of an operating solid waste treatment facility which is exempt under s. 287.07 (7) (b), Stats., and that uses that solid waste treatment facility, may be approved as an effective recycling program under this chapter if it meets the following requirements: NR 544.13(1)(1) It establishes a recycling program for aluminum, glass, steel and bi-metal containers. NR 544.13(2)(2) It provides for curbside collection of the non-combustible materials listed under sub. (1) in municipalities that have a population greater than 5,000. NR 544.14(1)(1) General. A responsible unit with an effective recycling program may request in writing a variance or the department may on its own initiative grant a variance to the requirements of s. 287.11 (2) (b) and (er), Stats., for up to one year. NR 544.14(2)(2) Variances requested by the responsible unit. A responsible unit with an effective recycling program may request a variance for up to one year to the requirements under s. 287.11 (2) (b) and (er), Stats., for a material identified under s. 287.07 (3) or (4), Stats., that is generated in the responsible unit’s region. The department shall grant a variance if it determines the cost of selling processed material as defined under s. 287.11 (2m) (a) 2., Stats., exceeds at least one of the following: NR 544.14(2)(a)(a) Ninety-eight dollars per ton of processed material, as periodically adjusted by the department to reflect changes in price levels due to inflation since 2023. NR 544.14(3)(a)(a) The department may, on its own initiative, grant to one or more responsible units with effective recycling programs a variance to the requirements in s. 287.11 (2) (b) and (er), Stats., for up to one year for a material identified in s. 287.07 (3) or (4), Stats., that is generated in the responsible unit’s region if the department determines that the cost of selling processed material exceeds the amount under sub. (2) (a) or (b). NR 544.14(3)(b)(b) The department may grant a responsible unit a variance to a requirement in s. 287.11 (2) (b) or (er), Stats., for up to one year for a material identified in s. 287.07 (3) or (4), Stats., in the event of an unexpected emergency. NR 544.14(4)(4) Exemptions. The department may grant exemptions from nonstatutory requirements of this chapter upon request of the responsible unit when the department determines that an exemption is needed to allow or encourage the management of solid waste in accordance with s. 287.05, Stats., and when the exemption will be consistent with the intent of this chapter. Before granting an exemption, the department shall take into account factors such as good cause or circumstances beyond the control of the responsible unit. When the circumstances for which the exemption was granted are no longer valid, the department shall rescind the exemption and revise the effective recycling program approval. NR 544.14 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. (2) (intro.), (a), (4) Register June 2025 No. 834, eff. 7-1-25. NR 544.16NR 544.16 Materials recovery facilities used as part of an effective recycling program. NR 544.16(1)(1) General requirements. The owner or operator of a materials recovery facility that serves as a component of a responsible unit’s effective recycling program shall do all of the following: NR 544.16(1)(a)(a) Operate and maintain the facility in a nuisance-free and environmentally sound manner in which litter, odors, and vectors are controlled. NR 544.16(1)(b)(b) Excluding materials recovery facilities in the first year of operation, maintain records to verify that not less than 75 percent of the volume of materials accepted were transported from the facility to acceptable recycling, reuse, or disposal processes within 12 months of receipt at the facility, unless otherwise approved by the department.
