Chapter NR 544

Chapter NR 544

EFFECTIVE RECYCLING PROGRAMS

NR 544.01   Purpose.

NR 544.02   Applicability.

NR 544.03   Definitions.

NR 544.04   Required components of an effective recycling program.

NR 544.05   Collection and processing systems.

NR 544.06   Components of a recycling ordinance.

NR 544.07   Record-keeping requirements.

NR 544.08   Application for initial program or alternative collection or processing system approval.

NR 544.09   Initial program or alternative collection or processing system approval process.

NR 544.10   Annual program report.

NR 544.11   Annual program report review process.

NR 544.12   Programs under probation.

NR 544.13   Responsible units located in current service areas of facilities exempt under s. 287.07 (7) (b), Stats.

NR 544.14   Variances and exemptions.

NR 544.16   Materials recovery facilities used as part of an effective recycling program.

Ch. NR 544 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 544.01 NR 544.01 Purpose. The purpose of this chapter is to establish criteria under s. 287.11, Stats., for determining whether a responsible unit’s program is an effective recycling program. In conjunction with s. 287.09 (2) (a), Stats., this chapter will guide the development of effective recycling programs.

NR 544.01 Note Note: Under s. 287.23 (3), Stats., only responsible units that have been determined to have effective recycling programs shall be eligible to receive state financial assistance for recycling. In addition, under s. 287.07 (7), Stats., only responsible units having effective recycling programs under this chapter are exempt from the landfill and incinerator restrictions in s. 287.07 (3) and (4), Stats.

NR 544.01 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. Register June 2005 No. 594, eff. 7-1-05.

NR 544.02 NR 544.02 Applicability. The provisions of this chapter apply to all the following:

NR 544.02(1) (1) Responsible units seeking approval of an effective recycling program under s. 287.11, Stats.

NR 544.02(2) (2) Responsible units that have been approved or are on probation.

NR 544.02 History History: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1) and (2), r. (3) Register June 2005 No. 594, eff. 7-1-05.

NR 544.03 NR 544.03 Definitions. In this chapter:

NR 544.03(1) (1) “Bi-metal container” means a container for beverages that is made primarily of a combination of steel and aluminum.

NR 544.03(2) (2) “Co-collection system” means a system for collecting recyclable materials from residential properties, that does not physically separate and maintain separation of solid waste from recyclable materials during collection and transportation, for processing and marketing. It includes curbside collection and drop-off collection.

NR 544.03(3) (3) “Container board” means corrugated paperboard used in the manufacture of shipping containers and related products.

NR 544.03(4) (4) “Curbside collection” means a system for collecting recyclable materials from residential properties, including from the curb, alley, backyard or roadside, and for transporting the recyclable materials for processing and marketing.

NR 544.03(5) (5) “Current service area” has the meaning specified in s. 287.07 (7) (b) 1. a., Stats.

NR 544.03(6) (6) “Department” means the department of natural resources.

NR 544.03(6m) (6m) “Designated agent” means any person who, on behalf of or by agreement with the owner or operator of a multi-family dwelling, a non-residential facility or property, provides goods or services at that location.

NR 544.03(7) (7) “Drop-off collection” means a system for collecting recyclable materials in which the recyclable materials are taken by individuals to designated collection sites and deposited into designated containers from which the recyclable materials are transported for processing and marketing.

NR 544.03(8am) (8am) “Floodplain” means the land which has been or may be hereafter covered by flood water during the regional flood as defined in ch. NR 116, and includes the floodway and the flood fringe as defined in ch. NR 116.

NR 544.03(9) (9) “HDPE” means high density polyethylene.

NR 544.03 Note Note: Plastic containers made of HDPE and regulated under ch. ATCP 137 will have a triangular symbol with number “2”.

NR 544.03(10) (10) “LDPE” means low density polyethylene.

NR 544.03 Note Note: Plastic containers made of LDPE and regulated under ch. ATCP 137 will have a triangular symbol with number “4”.

NR 544.03(11) (11) “Magazines” means magazines and other materials printed on similar paper.

NR 544.03(12) (12) “Materials recovery facility” has the meaning specified in s. 287.27 (1), Stats.

NR 544.03 Note Note: The definition of a materials recovery facility, as given in s. 287.27 (1), Stats., provides “In this section, ‘materials recovery facility’ means a facility where the materials specified in sub. (4) (b) or s. 287.07 (3) or (4), not mixed with other solid waste, are processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process. ‘Materials recovery facility’ does not include a facility operated by a pulp or paper mill which utilizes fiber or paper that has been separated from waste for use as a raw material in a commercial product.”

NR 544.03(12m) (12m) “Mixed waste” means municipal solid waste from which recyclable materials have not been separated for recycling.

NR 544.03(13) (13) “Multiple-family dwelling” means a property containing 5 or more residential units, including those which are occupied seasonally.

NR 544.03(14) (14) “Multiple-municipality responsible unit” means a responsible unit that is made up of more than one unit of government or solid waste management system.

NR 544.03(18) (18) “Municipality” has the meaning specified in s. 287.01 (4), Stats.

NR 544.03(19) (19) “Newspaper” means a newspaper and other materials printed on newsprint.

NR 544.03(21) (21) “Non-residential facilities and properties” means commercial, retail, industrial, institutional and governmental facilities and properties. It includes any location at which goods or services are provided or manufactured, including locations under construction, demolition or remodeling, or used for special events such as, but not limited to, fairs, festivals, sport venues, conferences and exhibits.

NR 544.03(21am) (21am) “Nuisance conditions” means conditions which result in an unreasonable threat or danger to public health, safety or welfare, or to the environment.

NR 544.03(22) (22) “Office paper” means high grade printing and writing papers from offices in non-residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.

NR 544.03(23) (23) “Operating solid waste treatment facility” has the meaning specified in s. 287.07 (7) (b) 1. b., Stats.

NR 544.03(26) (26) “Person” has the meaning specified in s. 287.01 (5m), Stats.

NR 544.03(27) (27) “PETE” means polyethylene terephthalate.

NR 544.03 Note Note: Plastic containers made of PETE and regulated under ch. ATCP 137 will have a triangular symbol with number “1”.

NR 544.03(27m) (27m) “Plastic container” means a rigid plastic container including those made of PETE (#1), HDPE (#2), PVC (#3) , LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7).

NR 544.03(28) (28) “PP” means polypropylene.

NR 544.03 Note Note: Plastic containers made of PP and regulated under ch. ATCP 137 will have a triangular symbol with number “5”.