Chapter NR 542

Chapter NR 542

RECYCLING GRANTS TO RESPONSIBLE UNITS

NR 542.01   Purpose.

NR 542.02   Applicability and cross referencing.

NR 542.03   Definitions.

NR 542.04   Eligibility for grant assistance.

NR 542.05   Eligible and ineligible costs.

NR 542.06   Distribution of grant assistance.

NR 542.07   Grant assistance application.

NR 542.08   Grant assistance conditions and requirements.

NR 542.09   Grant payments.

NR 542.10   Grantee accountability.

NR 542.11   Grant variances.

NR 542.12   Dispute resolution; arbitration.

NR 542.13   Termination of awards.

NR 542.14   Enforcement.

Ch. NR 542 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 542.01 NR 542.01 Purpose. The purpose of this chapter is to establish rules under s. 287.23, Stats., for the implementation and administration of a grant program for planning, constructing or operating recycling programs with one or more of the components specified in s. 287.11 (2) (a) to (h), Stats.

NR 542.01 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.02 NR 542.02 Applicability and cross referencing. This chapter applies to all applicants and recipients of funding under s. 287.23, Stats., for planning, constructing or operating a recycling program. This chapter does not apply to applicants for financial assistance for waste reduction and recycling demonstration grants under s. 287.25, Stats., nor the waste tire grant program under s. 287.17, Stats.

NR 542.02 Note Note: The second sentence of this section is without effect and will be removed by future rulemaking. 1995 Wis. Act 227 repealed s. 287.17, Stats. 2004 Wis. Act 32 repealed s. 287.25, Stats.

NR 542.02 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.03 NR 542.03 Definitions. In this chapter:

NR 542.03(1) (1) “Avoided disposal costs” has the meaning specified in s. 287.23 (1) (ar), Stats.

NR 542.03(2) (2) “Capital expenses” means construction or acquisition costs including improvements or equipment costing $1,000.00 or more and with an expected life of 3 years or more.

NR 542.03(3) (3) “Curbside collection” means the collection of recyclable materials at the curb, or from an alley or roadside.

NR 542.03(4) (4) “Department” means the department of natural resources.

NR 542.03(5) (5) “Effective recycling program” means a solid waste management program that includes all of the components specified in s. 287.11 (2), Stats.

NR 542.03(6) (6) “Population” has the meaning specified in s. 287.24 (1), Stats.

NR 542.03(7) (7) “Postconsumer waste” has the meaning specified in s. 287.01 (7), Stats.

NR 542.03(8) (8) “Prevailing market rate” has the meaning specified in s. 287.23 (1) (d), Stats. This means a reasonable estimate of the price for a recyclable material that will be paid by a collection facility serving the area within the boundaries of a responsible unit during the year for which an application for assistance is submitted.

NR 542.03(9) (9) “Recycling center” means a facility that accepts source separated materials for processing and marketing.

NR 542.03(10) (10) “Recycling program costs” means the collection, transportation, processing and marketing costs incurred as a result of any of the following:

NR 542.03(10)(a) (a) Source separation of recyclables through the use of either curbside collection or drop-off facilities, or both;

NR 542.03(10)(b) (b) Processing of source separated materials at a recycling center;

NR 542.03(10)(c) (c) Recovery of recyclables from postconsumer waste prior to grinding, shredding, composting or incinerating materials at a solid waste facility.

NR 542.03(11) (11) “Responsible unit” has the meaning specified in s. 287.01 (9), Stats.

NR 542.03(12) (12) “Solid waste facility” has the meaning specified in s. 289.01 (35), Stats.

NR 542.03(13) (13) “Source separated materials” means clean recyclables kept apart from mixed solid waste at the original point of generation.

NR 542.03 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.

NR 542.04 NR 542.04 Eligibility for grant assistance.

NR 542.04(1) (1) Eligible applicants. The following responsible units are eligible for assistance under this chapter:

NR 542.04(1)(a) (a) For assistance in 1992 to 1994, any responsible unit.

NR 542.04(1)(b) (b) For assistance in 1995 to 2000, a responsible unit that has been determined by the department to have an effective recycling program.

NR 542.04(2) (2) Ineligible applicants.

NR 542.04(2)(a) (a) Responsible units that have not maintained an effective recycling program, following approval of the recycling program under s. 287.11, Stats., are ineligible for grant assistance the following year unless they have met one of the following:

NR 542.04(2)(a)1. 1. Their program has again been approved by the department;

NR 542.04(2)(a)2. 2. The department determines that they have performed substantial remedial actions and submitted an acceptable timetable for completion of remaining actions.

NR 542.04(2)(b) (b) A responsible unit that has spent funds received under this program on ineligible costs as outlined under s. NR 542.05 (2) is ineligible for:

NR 542.04(2)(b)1. 1. Grant assistance the following year if the funds were intentionally diverted to other purposes by the responsible unit.

NR 542.04(2)(b)2. 2. A portion of the grant assistance the following year if the responsible unit does not repay the funds to the department and the amount exceeds any outstanding grant payments owed the responsible unit.

NR 542.04 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91.

NR 542.05 NR 542.05 Eligible and ineligible costs.

NR 542.05(1) (1) Eligible costs. The grantee’s recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing or operating a recycling program are eligible for grant assistance. Eligible costs may include, but are not limited to:

NR 542.05(1)(a) (a) The costs of planning, including consultant fees;

NR 542.05(1)(b) (b) Construction costs, including capitalized interest, professional services of an attorney, and engineering services for design, construction and construction inspection;

NR 542.05(1)(c) (c) Training, salaries and fringe benefit costs of personnel;