Register January 2018 No. 689
Chapter NR 549
NR 549.01   Purpose.
NR 549.02   Applicability.
NR 549.03   Definitions.
NR 549.05   Eligibility of applicant.
NR 549.07   Eligible and ineligible costs.
NR 549.08   Grant application and departmental review.
NR 549.11   Distribution of grant assistance.
NR 549.12   Grant recipient accountability.
NR 549.14   Interpretation of chapter.
NR 549.15   Variances.
NR 549.17   Termination.
NR 549.18   Enforcement.
Ch. NR 549 Note Note: As a result of the repeal of s. 287.235, 2009 Stats., this chapter is currently without effect. The rule is being retained in the Administrative Code pending future legislative action.
NR 549.01 NR 549.01Purpose. The purpose of this chapter is to establish rules and procedures under s. 287.235, Stats., for the implementation and administration of a grants program which provides financial assistance to responsible units that have achieved efficiency in their recycling programs through the criteria or methods provided in this chapter.
NR 549.01 History History: CR 02-060: cr. Register March 2003 No. 567, eff. 4-1-03.
NR 549.02 NR 549.02Applicability. This chapter applies to all applicants and recipients of recycling efficiency incentive grants under s. 287.235, Stats. This chapter does not apply to waste reduction and recycling demonstration grants, under s. 287.25, Stats., nor to recycling grants under s. 287.23, Stats.
NR 549.02 History History: CR 02-060: cr. Register March 2003 No. 567, eff. 4-1-03.
NR 549.03 NR 549.03Definitions. In this chapter:
NR 549.03(1) (1) “Department" means the department of natural resources.
NR 549.03(2) (2) “Effective recycling program" means a solid waste management program that includes all of the components specified in s. 287.11 (2), Stats.
NR 549.03(3) (3) “Population" has the meaning specified in s. 287.23 (1) (c), Stats.
NR 549.03(4) (4) “Recycling center" means a facility that accepts source separated materials for processing and marketing.
NR 549.03(5) (5) “Responsible unit" has the meaning specified in s. 287.01 (9), Stats.
NR 549.03 History History: CR 02-060: cr. Register March 2003 No. 567, eff. 4-1-03.
NR 549.05 NR 549.05Eligibility of applicant.
NR 549.05(1) (1)Eligible applicants. Responsible units that the department determines operate an effective recycling program shall be eligible to apply for grants through this chapter.
NR 549.05(2) (2)Review of grant applicant's or recipient's eligibility. The department may review a responsible unit's eligibility for a recycling efficiency incentive grant at any time.
NR 549.05 History History: CR 02-060: cr. Register March 2003 No. 567, eff. 4-1-03.
NR 549.07 NR 549.07Eligible and ineligible costs.
NR 549.07(1) (1)Eligible costs. The grant applicant's recycling program costs, defined as the costs of operating the program minus those proceeds from the sale of recycled material, that are reasonable and necessary for planning, constructing or operating a recycling program are eligible for grant assistance. Eligible costs may include all of the following:
NR 549.07(1)(a) (a) The costs of planning, including consultant fees.
NR 549.07(1)(b) (b) Construction costs, including capitalized interest, professional services of an attorney and engineering services for design, construction, and construction inspection.
NR 549.07(1)(c) (c) Training, salaries, and fringe benefit costs of personnel.
NR 549.07(1)(d) (d) The purchase of necessary supplies.
NR 549.07(1)(e) (e) Capital purchases for all of the following:
NR 549.07(1)(e)1. 1. Equipment costing $1,000 or more and with an expected life of 3 or more years funded on an amortized basis.
NR 549.07(1)(e)2. 2. Land, including site acquisition at fair market value and site preparation costs.
NR 549.07(1)(f) (f) The allocable cost of using equipment not purchased with grant monies, as provided under s. NR 542.10 (1) (b) 3.
NR 549.07(1)(g) (g) Costs of collecting recyclables, marketing and transporting recyclables to market.
NR 549.07(1)(h) (h) Costs of public education and enforcement.
NR 549.07(1)(i) (i) Written contracts entered into by responsible units to obtain services necessary for an effective recycling program.
NR 549.07(1)(j) (j) Any of the following costs of a solid waste facility designed to recover recyclables from post-consumer waste:
NR 549.07(1)(j)1. 1. All costs that can be directly attributed to the recycling component.
NR 549.07(1)(j)2. 2. The proportionate share of the remaining costs as calculated as a proportion of recovered recyclables to total waste, by weight.
NR 549.07(1)(k) (k) Costs of documenting how solid waste that is generated in the grant applicant's region and is not separated or recovered for recycling will be managed, as required by s. 287.11 (2) (ew), Stats.
NR 549.07(2) (2)Ineligible costs. Costs not directly associated with or not necessary for planning, construction or operation of an effective recycling program are not eligible for grant assistance under this chapter. Ineligible costs include all of the following:
NR 549.07(2)(a) (a) Costs incurred either prior to January 1 or after December 31 of the calendar year 2 years prior to the year for which the grant is awarded.
NR 549.07(2)(b) (b) The costs of collecting and disposing of municipal solid waste not separated for recycling, except for costs described in sub. (1) (k).
NR 549.07(2)(c) (c) Fines and penalties due to violations of, or failure to comply with, federal, state or local laws, regulations, rules and ordinances.
NR 549.07(2)(d) (d) Ordinary operating expenses of local government, such as salaries and expenses of a mayor or city council members that are not directly related to the recycling program.
NR 549.07(2)(e) (e) Interest or finance charges.
NR 549.07(2)(f) (f) Costs for which payment is received under another federal or state financial assistance program.
NR 549.07 Note Note: Costs for which payment is received by a responsible unit under s. 287.23, Stats., are costs that are ineligible for a recycling efficiency incentive grant under this chapter.
NR 549.07(2)(g) (g) Costs incurred in a contract that creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a responsible unit participates in the selection, awarding, or administration of a contract supported by this program. An apparent conflict of interest includes all of the following:
NR 549.07(2)(g)1. 1. Situations where the official or employee of the responsible unit, or his or her business partner or immediate family member, has an ownership interest in the firm selected for activities funded in part by a recycling efficiency incentive grant.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.