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. NR 544.16(1)(d)(d) Except for materials recovery facilities located outside of Wisconsin, provide proof of financial responsibility for the cost of closure of the facility following the procedures in ch. NR 520 if a facility expects to accept more than 5,000 tons of materials in the upcoming calendar year with normal operation or has accepted more than 5,000 tons of materials in 2 of the last 3 calendar years. A facility may request release of financial responsibility if it accepted less than 5,000 tons of materials for 5 consecutive years and does not expect to accept more than 5,000 tons of materials in the upcoming calendar year. Cost of closure for a facility under this section shall be calculated using only s. NR 520.07 (2m) (a) 1. and 4. and information specified under s. NR 544.16 (3) (a) 21. and 22. A facility shall establish proof of financial responsibility by submitting a form provided by the department at the following times, as applicable: NR 544.16(1)(d)1.1. Starting in 2027, prior to accepting materials from a responsible unit if the facility is a new materials recovery facility. NR 544.16(1)(d)2.2. Starting in 2027, by July 1 of the calendar year after a materials recovery facility has accepted more than 5,000 tons of materials in 2 of the last 3 calendar years. NR 544.16(1)(d)3.3. By June 1, 2027, if the facility is in operation on July 1, 2025. NR 544.16 NoteNote: The form 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 544.16(1)(e)(e) For materials that are reported on the self-certification report under sub. (4) as not being from a commercial source, comply with one of the following requirements for container glass recycling: NR 544.16(1)(e)1.1. Send for recycling or reuse each calendar year an amount of glass that equals more than 12 percent of the total weight of recyclable material accepted. NR 544.16(1)(e)2.2. If the facility’s percent of glass sent for recycling or reuse in a calendar year is less than the minimum required under subd. 1., the facility shall submit justification to the department explaining why the minimum was not met. If the facility’s justification is not acceptable to the department based on requirements under ch. 287, Stats., and this chapter, the facility shall submit a glass recycling rate improvement plan that is acceptable to the department based on the requirements under ch. 287, Stats., within 60 days of the request for a plan. NR 544.16(1)(f)(f) Maintain an annual residual rate that shall meet one of the following requirements: NR 544.16(1)(f)1.1. A residual rate of 20 percent or less as calculated by total tons of accepted materials sent for disposal as a percent of total tons of processed material in a calendar year, as reported on the annual self-certification under sub. (4). Materials disposed of using a waiver under s. 287.07 (7) (g), Stats., shall be excluded from the residual rate calculation. NR 544.16(1)(f)2.2. If the facility’s residual rate is greater than the maximum allowed under subd. 1., the facility shall submit justification to the department. If the facility’s justification is not acceptable to the department based on requirements under ch. 287, Stats., and this chapter, the facility shall submit a residual rate improvement plan that is acceptable to the department based on the requirements under ch. 287, Stats., within 60 days of the request for a plan. NR 544.16(2)(a)(a) Unless exempt under par. (b), the owner or operator of a materials recovery facility that serves as a component of a responsible unit's effective recycling program shall certify to the department that it meets the requirements under subs. (3) to (10) and that it shall continue to meet these requirements until a modified self-certification application is provided to the department under sub. (3) or the facility no longer needs to self-certify. NR 544.16(2)(b)(b) A single commodity materials recovery facility is exempted from the self-certification requirements under par. (a) unless the department determines that self-certification or other reporting is necessary to ensure compliance with the requirements under sub. (1). A self-certification determination shall be effective for a period of one year. NR 544.16(3)(3) Self-certification of operation application. NR 544.16(3)(a)(a) The owner or operator of a materials recovery facility shall submit an application for self-certification of operation prior to first accepting recyclable materials from any responsible unit. The owner or operator of a materials recovery facility operating as of July 1, 2025, shall submit an application for self-certification for operation within 180 days of July 1, 2025. An updated self-certification for operation application shall be submitted within 30 days of any change in the information required under subds. 2. to 23. The owner or operator shall submit all of the following information to the department on a form supplied by the department: NR 544.16 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 544.16(3)(a)1.1. The name of the owner and operator, and corresponding mailing and email addresses and telephone numbers. Changes to owner and operator names and contact information shall be provided to the department in writing within 30 days of a change. NR 544.16(3)(a)2.2. The legal name of the materials recovery facility and the street address and telephone number at that location. NR 544.16(3)(a)3.3. A description of the materials recovery operations, including a drawing or description of how material moves through the facility, the equipment and methods used for sorting the materials, any processing in addition to sorting performed at the facility, and other information as determined by the department. NR 544.16(3)(a)4.4. A list of all responsible units that use the materials recovery facility, if known. NR 544.16(3)(a)5.5. A list and description of all materials expected to be accepted at the materials recovery facility. NR 544.16(3)(a)6.6. A statement describing whether incoming materials are received pre-sorted into individual commodities or commodity groups or collected in a single-stream or other alternative collection system.
