NR 544.14 Variances and exemptions. NR 544.16 Materials recovery facilities used as part of an effective recycling program. NR 544.01NR 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 NoteNote: 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 544.02NR 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 HistoryHistory: 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 544.03NR 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(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 NoteNote: Plastic containers made of HDPE and regulated under ch. ATCP 137 will have a triangular symbol with number “2”. NR 544.03 NoteNote: 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 NoteNote: 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(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 NoteNote: 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 NoteNote: Plastic containers made of PP and regulated under ch. ATCP 137 will have a triangular symbol with number “5”. NR 544.03 NoteNote: Plastic containers made of PS and regulated under ch. ATCP 137 will have a triangular symbol with number “6”. NR 544.03 NoteNote: Plastic containers made of PVC and regulated under ch. ATCP 137 will have a triangular symbol with number “3”. NR 544.03(31g)(31g) “Processing” means baling, shredding, pulverizing, composting, separating or otherwise treating or altering by some means to facilitate the further transport, recycling or reuse of solid waste intended to be recycled or reused. NR 544.03(31r)(31r) “Processing facility” has the meaning specified in s. NR 500.03 (181), but does not include facilities where combustion of solid waste occurs. NR 544.03(32)(32) “Public information and education program” means a program to inform citizens, businesses and institutions why and how to participate in community recycling, reduce overall waste and encourage personal actions that result in voluntary compliance. NR 544.03(33m)(33m) “Recycling” means the series of activities by which solid waste is collected, sorted, processed and converted into raw materials and used in the production of new materials. It excludes the use of these materials as a fuel substitute or for energy production. NR 544.03(35)(35) “Residual material” means recyclable materials collected for recycling that are damaged or contaminated during collection or processing to the point that they are no longer marketable. NR 544.03(37)(37) “Reuse” means using a product more than once in its same form for the same or other productive purposes. NR 544.03(38)(38) “Rural municipality” means a municipality with a permanent population of 70 persons per square mile or fewer, as determined under s. 287.24 (1), Stats. NR 544.03(39)(39) “Single commodity materials recovery facility” means a facility where only one of the materials specified in s. 287.07 (3) and (4), Stats., not mixed with other solid waste, is 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. NR 544.03(39g)(39g) “Single-stream collection” means a system for co-mingled collection of recyclable fibers, containers or other recyclable materials in which these materials are separated from solid waste at the point of collection and are transported to a processing facility to be sorted into marketable commodities. NR 544.03(41)(41) “Waste reduction” means decreasing the quantity of waste materials or products generated. NR 544.03 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; correction in (17) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 04-113: r. (1), (8), (16), (17), (20), (24), (25), (31) and (40), renum. (2) to be (1) and am., cr. (2), (6m), (12m), (27m), (28m), (31g), (31r), (33m), and (39g), am. (7), (12), (21), (37), (39) and (41) Register June 2005 No. 594, eff. 7-1-05; correction in (38) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690. NR 544.04NR 544.04 Required components of an effective recycling program. The effective recycling program of a responsible unit shall include all of the following components: NR 544.04(1)(1) A public information and education program to address recycling of materials specified in s. 287.07 (1m) to (4), Stats., and waste reduction and reuse efforts at single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties. It shall include program start up and regular distribution of current program information, and consumer and youth education. NR 544.04 NoteNote: Major appliances must be managed in compliance with ss. 285.59 and 287.07 (1m), Stats., and ch. NR 488. NR 544.04(3)(3) A system which meets the provisions of s. NR 544.05 for collecting from single family and 2 to 4 unit residences the materials specified in s. 287.07 (3) and (4), Stats. NR 544.04(4)(4) A system for single family and 2 to 4 unit residences which meets the provisions of s. NR 544.05 for processing and marketing of the recyclable materials specified in s. 287.07 (3) and (4), Stats., which have been separated for recycling or recovered from solid waste in as pure a form as is technically feasible. NR 544.04(5)(5) Equipment and staff to implement the recycling program serving single family and 2 to 4 unit residences which may include contracting for services, staff, supplies and equipment from vendors. NR 544.04(7)(7) A requirement that owners of multiple family dwellings and non-residential facilities and properties or their designated agents provide for the recycling at their facilities and properties of materials specified in s. 287.07 (3) and (4), Stats. NR 544.04(8)(8) A prohibition against disposing of in a solid waste facility or burning in a solid waste treatment facility the materials specified in s. 287.07 (3) and (4), Stats., which have been separated for recycling. NR 544.04(9)(9) A means of adequately enforcing the requirements of the effective recycling program. NR 544.04(9g)(9g) Beginning August 1, 2006, a compliance assurance plan describing the procedure the responsible unit will follow to address at a minimum one act of non-compliance with recycling requirements specified in its recycling ordinance which is commonly encountered by the responsible unit. NR 544.04(9r)(9r) Submittal of an annual program report that meets the requirements specified in s. NR 544.10. NR 544.04(10)(10) Provisions for the management of the postconsumer waste that is generated within the responsible unit and that is not separated or recovered for recycling in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats. NR 544.04(11)(11) A reasonable effort to reduce to the maximum extent feasible, the amount, by weight, of each material specified in s. 287.07 (3) and (4), Stats., that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility. NR 544.04 HistoryHistory: Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (intro.), (1), (7) and (10), r. (6), cr. (9g) and (9r) Register June 2005 No. 594, eff. 7-1-05. NR 544.05NR 544.05 Collection and processing systems. NR 544.05(1)(a)(a) General requirements. Except as provided in sub. (3), systems for collecting the materials specified in s. 287.07 (3) and (4), Stats., from single family and 2 to 4 unit residences shall meet the following requirements: NR 544.05(1)(a)1.1. Separate the materials from other solid waste prior to collection and maintain that separation during the collection process. NR 544.05(1)(a)2.2. Prohibit the compaction of glass containers with newspaper or with municipal solid waste during collection. NR 544.05(1)(a)4.4. Meet the total collection standard in Table 1, except that a multiple-municipality responsible unit with a membership of rural and other municipalities may meet a prorated standard for each material by the entire responsible unit. NR 544.05(1)(b)(b) Collection systems in urban municipalities. A municipality with a population of 5,000 or greater with an aggregate population density of at least 70 persons per square mile shall provide, contract for provision of, or otherwise provide for, a system for collection of the materials specified in s. 287.07 (3) and (4), Stats., from each single family residence and 2 to 4 unit residence. The collection system shall meet the requirements of either subd. 1. or 2.
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