Chapter 287

287.15(4)(a) (a) Exemptions.

287.15(4)(a)1. 1. The department shall exempt a consumer from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil.

287.15(4)(a)2. 2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil.

287.15(4)(b) (b) Compliance with solid and hazardous waste regulations. Except as provided under par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil.

287.15(4)(c) (c) Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of chs. 289 and 291 and rules promulgated under these chapters. When issuing the license under s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil.

287.15(5) (5) Waste oil recycling. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility.

287.15(6) (6) Sale of recycled oil.

287.15(6)(a) (a) Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel “RE-REFINED OIL” and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency.

287.15(6)(b) (b) Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel “RECLAIMED OIL” and unless the container complies with the labeling standards established by the federal trade commission and environmental protection agency.

287.15(7) (7) State contracts; use of re-refined oil. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil.

287.15(8) (8) Promotion of recycled oil. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment.

287.15 History History: 1979 c. 221; 1981 c. 374 s. 148; 1987 a. 384; 1989 a. 335 s. 51; Stats. 1989 s. 159.15; 1995 a. 227 s. 897; Stats. 1995 s. 287.15.

287.15 Cross-reference Cross-reference: See also ch. NR 679, Wis. adm. code.

287.17 287.17 Electronic waste recycling.

287.17(1) (1) Definitions. In this section:

287.17(1)(a) (a) “Camera” means a device that records images and that is designed to be hand-held.

287.17(1)(am) (am) “Cathode-ray tube” means a vacuum tube used to convert an electronic signal into a visual image.

287.17(1)(b) (b) “Collection” means the act of receiving eligible electronic devices from households or covered schools and delivering, or arranging for the delivery of, the eligible electronic devices to a recycler.

287.17(1)(c) (c) “Collector” means a person who receives eligible electronic devices from households or covered schools and delivers, or arranges for the delivery of, the eligible electronic devices to a recycler.

287.17(1)(d) (d) “Computer monitor” means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a consumer computer or the Internet.

287.17(1)(e) (e) “Consumer computer” means a high-speed data processing device for performing logical, arithmetic, or storage functions that is marketed by the manufacturer for use by households or covered schools, except that “consumer computer” does not include an automated typewriter or typesetter, a portable hand-held calculator or device, or other similar device.

287.17(1)(eg) (eg)

287.17(1)(eg)1. 1. “Consumer printer” means, except as provided in subd. 2., one of the following that is marketed by the manufacturer for use by households or covered schools:

287.17(1)(eg)1.a. a. A desktop printer.

287.17(1)(eg)1.b. b. A device listed under par. (gs) 1. to 6. or 7. that prints and that is designed to be placed on a desk or other work surface.

287.17(1)(eg)2. 2. “Consumer printer” does not include a calculator with printing capabilities, label maker, or other similar household printing device; a floor-standing printer; an automated teller machine, as defined in s. 134.85 (1) (a); or a point-of-sale receipt printer.

287.17(1)(em) (em) “Consumer video display device” means a television or computer monitor with a tube or screen that is at least 7 inches in its longest diagonal measurement and that is marketed by the manufacturer for use by households or covered schools, except that “consumer video display device” does not include any of the following:

287.17(1)(em)1. 1. A television or computer monitor that is part of a motor vehicle and that is incorporated into the motor vehicle by, or for, a motor vehicle manufacturer or a franchised motor vehicle dealer.

287.17(1)(em)2. 2. A television or computer monitor that is contained within a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or stove, dishwasher, room air conditioner, dehumidifier, or air purifier.

287.17(1)(f) (f) “Covered electronic device” means a consumer video display device, a consumer computer, or a consumer printer.

287.17(1)(fm) (fm) “Covered school” means a public elementary or secondary school, including a charter school, as defined in s. 115.001 (1), or a private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

287.17(1)(g) (g) “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

287.17(1)(gm) (gm) “Electronic device” means a device that requires electric current or electromagnetic fields to function and that contains a circuit board.

287.17(1)(gs) (gs) “Eligible electronic device” means a device that is one of the following and that is used by a household primarily for personal use or by a covered school, unless the device is of a kind exempted by a rule promulgated under sub. (10) (i):

287.17(1)(gs)1. 1. A consumer computer.

287.17(1)(gs)2. 2. A peripheral.

287.17(1)(gs)3. 3. A facsimile machine.

287.17(1)(gs)4. 4. A digital video disc player.

287.17(1)(gs)4m. 4m. A digital video player that does not use a disc and that is not a camera.

287.17(1)(gs)5. 5. A video cassette recorder.

287.17(1)(gs)5m. 5m. A video recorder that does not use a cassette and that is not a camera.

287.17(1)(gs)6. 6. A consumer video display device.

287.17(1)(gs)6m. 6m. A consumer printer.

287.17(1)(gs)7. 7. Another kind of electronic device identified by the department under sub. (10) (i).

287.17(1)(h) (h) “Household” means one or more individuals who occupy one dwelling unit in a detached or multiunit building.

287.17(1)(i) (i) “Manufacturer” means a person who does any of the following:

287.17(1)(i)1. 1. Manufactures covered electronic devices to be sold under the person’s own brand.

287.17(1)(i)2. 2. Sells covered electronic devices manufactured by others under the person’s own brand.

287.17(1)(i)3. 3. Except as provided in sub. (1m), licenses the person’s brand for manufacture and sale of covered electronic devices by others.

287.17(1)(j) (j) “Peripheral” means a keyboard or any other device, other than a consumer printer, that is sold exclusively for external use with a consumer computer or consumer video display device and that provides input into or output from a consumer computer or consumer video display device.

287.17(1)(jm) (jm) “Program quarter” means a 3-month period ending on March 31, June 30, September 30, or December 31.

287.17(1)(k) (k) “Program year” means any of the following:

287.17(1)(k)1. 1. For any period before the beginning of the transition year, a period that runs from July 1 to the following June 30.

287.17(1)(k)2. 2. The transition year.

287.17(1)(k)3. 3. For any period after the end of the transition year, a period that runs from January 1 to the following December 31.

287.17(1)(L) (L) “Recycler” means a person who accepts eligible electronic devices from households, covered schools, or collectors for the purpose of recycling. “Recycler” does not include a manufacturer who accepts products exclusively for refurbishing or repair.

287.17(1)(m) (m) “Recycling” means preparing eligible electronic devices for use in manufacturing processes or for recovery of usable materials and delivering the materials for use. “Recycling” does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which eligible electronic devices are returned for use by households or covered schools in their original form.

287.17(1)(mg) (mg) “Registered collector” means a collector who is registered under sub. (7).

287.17(1)(mr) (mr) “Registered recycler” means a recycler who is registered under sub. (8).

287.17(1)(n) (n) “Retailer” means a person who sells a covered electronic device to a household or covered school in this state, in person or by mail, telephone, or the Internet, for use by the household or covered school.

287.17(1)(nm) (nm) “Rural county” means a county that is not an urban county.

287.17(1)(o) (o) “Sell” means to transfer title or right to use for consideration.

287.17(1)(p) (p) “Television” means an electronic device, with a cathode-ray tube or flat panel display, primarily intended to receive video programming via broadcast, cable, or satellite transmission or to receive video images from surveillance or similar cameras.

287.17(1)(pg) (pg) “Transition year” means the 18-month period from July 1, 2022, to December 31, 2023.

287.17(1)(pm) (pm) “Urban county” means Brown County, Calumet County, Chippewa County, Dane County, Dodge County, Douglas County, Dunn County, Eau Claire County, Fond du Lac County, Grant County, Green County, Jefferson County, Kenosha County, LaCrosse County, Lincoln County, Manitowoc County, Marathon County, Marinette County, Milwaukee County, Outagamie County, Ozaukee County, Pierce County, Portage County, Racine County, Rock County, Sauk County, Sheboygan County, St. Croix County, Walworth County, Washington County, Waukesha County, Winnebago County, or Wood County.

287.17(1m) (1m) Transfer of manufacturer responsibilities. If a person who licenses the person’s brand for manufacture and sale of covered electronic devices by another enters into a contract with the licensee under which the licensee assumes the responsibilities that arise under sub. (2) (a) from the sale of those covered electronic devices, the licensee, rather than the licensor, is the manufacturer of the covered electronic devices.

287.17(2) (2) Requirements for sale of covered electronic devices.

287.17(2)(a) (a) Manufacturers. Beginning on February 1, 2010, a manufacturer may not sell to a household or covered school, offer to sell to a household or covered school, or deliver to a retailer for subsequent sale to a household or covered school a new covered electronic device unless all of the following apply:

287.17(2)(a)1. 1. The manufacturer permanently affixes a label to the covered electronic device that is readily visible and that shows the manufacturer’s brand.

287.17(2)(a)2. 2. The manufacturer is registered with the department in accordance with sub. (3).

287.17(2)(a)3. 3. The manufacturer pays the fees under sub. (4).

287.17(2)(a)4. 4. The manufacturer recycles or arranges for the recycling, by a registered recycler, of eligible electronic devices used by households or covered schools in this state.

287.17(2)(a)5. 5. The manufacturer reports as required under sub. (5).

287.17(2)(b) (b) Cooperation. A manufacturer may carry out its responsibilities under par. (a) 4. jointly with other manufacturers and may participate with other manufacturers in creating an entity to collect and recycle eligible electronic devices.

287.17(2)(c) (c) Retailers.

287.17(2)(c)1. 1. Beginning on July 1, 2010, a retailer may not sell or offer for sale to a household or covered school a new covered electronic device unless, before making the first offer for sale, the retailer has determined that the brand of the covered electronic device is listed on the department’s Internet site under sub. (10) (a).

287.17(2)(c)2. 2. If a manufacturer’s registration is revoked or expired and the retailer took possession of a covered electronic device of the manufacturer before the registration was revoked or expired, the retailer may sell the covered electronic device to a household or covered school, but only if the sale takes place fewer than 180 days after the revocation or expiration.

287.17(3) (3) Registration of manufacturers.

287.17(3)(a) (a) To comply with sub. (2) (a) 2., a manufacturer shall, no later than the first day of the 3rd month of each program year, submit to the department a registration that includes all of the following:

287.17(3)(a)1. 1. A list of the manufacturer’s brands of covered electronic devices offered for sale in this state.

287.17(3)(a)2. 2. The name, address, and contact information of an individual responsible for ensuring compliance with this section.

287.17(3)(a)3. 3. A certification that the manufacturer has complied, and will continue to comply, with the requirements of this section.

287.17(3)(b) (b) A manufacturer shall indicate in its registration under par. (a) which of the following applies:

287.17(3)(b)1. 1. The manufacturer’s covered electronic devices comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

287.17(3)(b)2. 2. The manufacturer’s covered electronic devices do not comply with the European Union directive on the restriction of the use of hazardous substances in electrical and electronic equipment, 2002/95/EC or a successor directive.

287.17(3)(c) (c) Notwithstanding the deadline in par. (a), a manufacturer who begins selling covered electronic devices after February 1, 2010, and who has not previously submitted a registration under this subsection shall submit a registration to the department not more than 10 days after the day on which the manufacturer begins selling or offering to sell covered electronic devices.

287.17(3)(d) (d) If a manufacturer changes the brands that it sells or offers to sell, the manufacturer shall update its registration not more than 10 days after making the change.

287.17(3)(e) (e) A complete registration is effective on receipt by the department and is valid until the first day of the 3rd month of the following program year unless revoked before that date.

287.17(3)(f) (f) Within 20 business days after the receipt of a registration under this subsection, the department shall review the registration submitted and notify the manufacturer if the registration is not complete.