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. NR 544.16(3)(a)8.8. The exposed storage capacity for accepted materials, the types and maximum quantities of accepted materials to be stored outdoors at any time, and the procedures used to prevent the spread of litter and to prevent discharge of contaminants to the environment from the materials. NR 544.16(3)(a)10.10. The processing capacity of the materials recovery facility for accepted materials. NR 544.16(3)(a)12.12. A description of the procedures used to prevent nuisance conditions and control litter, odors, and vectors at the materials recovery facility. NR 544.16(3)(a)14.14. A description of the procedures used to effectively minimize residual material. NR 544.16(3)(a)21.21. The maximum amount that the facility may have onsite at one time for each of the following: NR 544.16(3)(a)22.22. For a facility that is required to provide proof of owner financial responsibility under sub. (1) (d), the cost of closure as determined under s. NR 520.07 (2m) for materials under subd. 21. The cost of closure under s. NR 520.07 (2m) (a) 1. shall include any materials that the department has determined have a net negative value after determining any loading, transportation, and disposal fees. NR 544.16(3)(a)23.a.a. The materials recovery facility will produce recovered materials in accordance with market quality specifications. NR 544.16(3)(a)23.b.b. The owner or operator of the materials recovery facility will provide information on the types of materials accepted for recycling to each responsible unit contracted with the facility. This information shall be provided annually and within 30 days of a change and shall be made available for inspection upon department request. NR 544.16(3)(a)23.c.c. The owner or operator of the materials recovery facility will provide information on the types of materials accepted for recycling to each collection and transportation service provider contracted with the facility. This information shall be provided annually and within 30 days of a change and shall be made available for inspection upon department request. NR 544.16(3)(a)23.d.d. The owner or operator of the materials recovery facility will provide by February 1 of each year sufficient information so that a responsible unit from which tonnage has been delivered and identified in the prior calendar year can comply with the reporting requirements under s. NR 544.10 (2) (d). For all measurements, the owner or operator of the materials recovery facility shall use sampling methods or measurements acceptable to the department. NR 544.16(3)(a)23.f.f. Accepted materials will not be stored in a floodplain as defined under s. NR 500.03 (87). This subd. 23. f. does not apply to a materials recovery facility at which recyclable materials were stored in a floodplain on or before November 1, 1992, provided that the area in which the recyclable materials are stored is not increased. NR 544.16(3)(a)23.h.h. The storage capacity is adequate to maintain the quality and quantity of the accepted materials for markets. NR 544.16(3)(a)23.i.i. The processing capacity of the materials recovery facility is adequate to accommodate the quantities of accepted materials that will be received. NR 544.16(3)(a)23.j.j. The exposed outdoor storage capacity will not be used for unbaled paper, cardboard, plastic, or other materials that can be easily moved by wind and water, unless contained by a bunker of at least 3 sides with wall height and length greater than the recyclables it contains or other containment of equal and adequate efficacy for litter control. NR 544.16(3)(a)23.k.k. The facility has a contingency plan that will be used in the event of a shutdown or closure of 48 hours or less and a contingency plan that will be used in the event of a shutdown or closure greater than 48 hours. NR 544.16(3)(a)23.L.L. Information created and distributed by the facility after July 1, 2025, regarding materials accepted for processing by the facility, including details on commodity types or special needs for collection, is accurate as of a specific date and indicates that the information is only specific to that facility, identified by name and address. NR 544.16(3)(a)23.m.m. Within 60 days of a request from a responsible unit contracted with the materials recovery facility, the facility will review for accuracy the information about acceptable materials and rules on outreach and education material created for the responsible unit. NR 544.16(3)(b)(b) Records shall be maintained at the site documenting the information required in this subsection for a period of at least 3 years. NR 544.16(4)(4) Self-certification of operation renewal and report. The owner or operator of a self-certified materials recovery facility shall submit a self-certification renewal and report by March 30 of each year, in a form supplied by the department, that shall contain all of the following: NR 544.16(4)(a)(a) Certification that the facility has been and will continue to be maintained and operated in conformance with the information submitted in the most recent self-certification application. NR 544.16(4)(b)(b) An inventory of materials, by source and category and expressed in tons, accepted from responsible units for the previous calendar year. NR 544.16(4)(bg)(bg) An inventory of materials, by weight and commodity type, that were processed onsite and sent offsite for reuse or recycling in the prior calendar year. NR 544.16(4)(br)(br) An inventory of materials, by weight and commodity type, that were sent offsite for processing in the prior calendar year and the names of those processing facilities. NR 544.16(4)(c)(c) Certification by the owner or operator of the materials recovery facility that records are maintained to verify that not less than 75 percent of the volume of materials accepted were transported from the facility for acceptable recycling, reuse, or disposal within 12 months of receipt at the facility, unless otherwise approved by the department. This requirement need not be met for the first year of operation of newly established materials recovery facilities. NR 544.16(4)(d)(d) The total quantity, by weight, of residual material generated at the materials recovery facility during the previous calendar year and the percentage of the total amount of processed materials that was residual material during the previous calendar year. NR 544.16(4)(e)(e) Certification that the facility did not exceed any of the storage maximums identified on its self-certification of operation application during the previous calendar year. NR 544.16(4)(f)(f) The name of the owner and operator and corresponding mailing and email addresses and telephone numbers. NR 544.16(4)(g)(g) The legal name of the materials recovery facility and the street address at that location. NR 544.16(4)(h)(h) A list of all responsible units that used the materials recovery facility in the prior year. NR 544.16(4)(i)(i) A list and description of all materials currently accepted at the materials recovery facility, where materials are stored, and other details as requested by the department. NR 544.16(5)(5) Invalidation of self-certification of operation. Should significant discrepancies between actual operations and information submitted under this section be found, or if a materials recovery facility fails to comply with requirements under this section, the department may invalidate the materials recovery facility’s self-certification and thereby disqualify the materials recovery facility as a component of a responsible unit’s effective recycling program. NR 544.16(6)(6) Recertification. The owner or operator of a materials recovery facility with an invalidated self-certification under sub. (5) may resubmit the self-certification information required under subs. (3) and (4) to the department and request a review after correcting all deficiencies. The department may re-certify a materials recovery facility if it determines that the materials recovery facility is in compliance with all requirements of this section and has put in place appropriate policies and procedures to remain in compliance with the requirements of this section. NR 544.16(7)(7) List of self-certified facilities. The department shall maintain a list of materials recovery facilities that are self-certified under this section. NR 544.16(8)(8) Notification of change of service. The owner or operator of a materials recovery facility that is self-certified under this section shall provide written notification to the department, collection and transportation service providers, and responsible units that have contracted directly with the facility for services as follows: NR 544.16(8)(a)(a) At least 60 days prior to closing the materials recovery facility, or an anticipated interruption of service to a responsible unit for a period of more than one week. NR 544.16(8)(b)(b) At least 60 days prior to moving the materials recovery facility to a different location. NR 544.16(8)(c)(c) At least 60 days prior to changing the method of receiving incoming materials, including whether the materials are received pre-sorted into individual commodities or commodity groups, or collected in a single-stream or other alternative collection system. NR 544.16(8)(d)(d) As soon as practicable after the occurrence of an unanticipated interruption of service of 48 hours or greater or any interruption of service that results in a change of material acceptance. NR 544.16(9)(9) Claiming a disposal fee exemption for residual materials.
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