287.23(4)(b)1.
1. Making continued progress in creating an effective recycling program under
s. 287.11 by January 1, 1995.
287.23(4)(b)2.
2. Maintaining an effective recycling program following approval of the recycling program under
s. 287.11.
287.23(4)(c)
(c) If the responsible unit received a grant under this section or
1989 Wisconsin Act 335, section 85 (5) for the grant period preceding the grant period for which the application is being made, a financial report on the activities that have been or are likely to be funded by the grant in that preceding grant period, including a statement of whether any portion of that grant was or is likely to be spent on activities not related to the requirements of this subchapter and, if so, how much of the grant was or is likely to be spent on those activities.
287.23(4)(d)
(d) Beginning with the application submitted for 1993, information on financial incentives that the responsible unit is using or plans to use to encourage reduction of the amount of solid waste generated or disposed of in the region.
287.23(4)(e)
(e) Information concerning user fees used or proposed to be used to finance costs of the recycling program and, if no user fees are used, an explanation of why they are not used.
287.23(5)
(5) Grant award. The department shall award a grant to each eligible responsible unit that submits a complete grant application under
sub. (4) for expenses allowable under
sub. (3) (b). Except as provided under
sub. (5m) or
(5p), the amount of the grant shall be determined as follows:
287.23(5)(a)
(a) For a county that is the responsible unit for at least 75% of the population of the county, $100,000 or the amount determined under
par. (c), whichever is greater.
287.23(5)(b)
(b) Beginning with grants for 1996, for a unit of government other than a county that is the responsible unit for at least 75% of the population of a county, $100,000 or the amount determined under
par. (c), whichever is greater.
287.23(5)(c)1.1. Except as provided in
subd. 5., for all other responsible units, the amount of the grant for 1992 equals either 66% of the difference between eligible expenses and avoided disposal costs or $6 times the population of the responsible unit, whichever is less.
287.23(5)(c)2.
2. Except as provided in
subd. 5. or
sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.
287.23(5)(c)3.
3. Except as provided in
subd. 5. or
sub. (5e), for all other responsible units, the amount of the grant for 1998 equals either 50% of the eligible expenses of complying with the prohibition under
s. 287.07 (2) and of the eligible capital costs of the recycling program plus 66% of the other eligible expenses of planning and operating the recycling program less avoided disposal costs or $8 times the population of the responsible unit, whichever is less.
287.23(5)(c)4.
4. Except as provided in
subd. 5. or
sub. (5e), for all other responsible units, the amount of the grant for 1999 equals either 25% of the eligible expenses of complying with the prohibition under
s. 287.07 (2) and of the eligible capital costs of the recycling program plus 50% of the other eligible expenses of planning and operating the recycling program less avoided disposal costs or $8 times the population of the responsible unit, whichever is less.
287.23(5)(c)5.
5. If the amount calculated under
subd. 1.,
2.,
3. or
4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.
287.23(5e)
(5e) Proration. If available funds are insufficient, under
sub. (5) (c) 2.,
3. or
4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in
sub. (5) (c) 2.,
3. or
4. were $6 receives $6 times its population and shall prorate the remaining funds.
287.23(5m)
(5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under
sub. (5) or
(5e) exceeds the amount of funds available under
s. 20.370 (6) (bq).
287.23(5p)(a)(a) If a responsible unit submits its application under
sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(b)
(b) If a responsible unit submits its application under
sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(c)
(c) If a responsible unit submits its application under
sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(d)
(d) If a responsible unit submits its application under
sub. (4) after October 30, the responsible unit is not eligible for the grant.
287.23(5s)(a)(a) Beginning with grants for 1994, the department shall annually allocate 10% of the funds appropriated under
s. 20.370 (6) (bq) for supplemental grants under this subsection.
287.23(5s)(b)
(b) A responsible unit is eligible for a supplemental grant under this paragraph if, in at least part of the region, it imposes fees for residential solid waste collection on the basis of the volume of solid waste collected. The department shall base the amount of a supplemental grant under this paragraph on the number of persons within the responsible unit's region who pay volume-based fees for residential solid waste collection.
287.23(5s)(c)
(c) If there are funds remaining under
par. (a) after the supplemental grants are awarded under
par. (b), the department may award supplemental grants under this paragraph to responsible units that provide for the collection of recyclable materials from multifamily residences and that impose fees for residential solid waste collection on the basis of the volume of solid waste collected.
287.23(5s)(d)
(d) The total amount of any grants awarded to a responsible unit under this subsection and
sub. (5),
(5e) or
(5m) may not exceed the responsible unit's eligible expenses under
sub. (3) (b).
287.23(6)
(6) Disbursement. The department shall disburse 50% of a grant to the applicant upon approval, but no later than February 1 of the year for which the grant is made.
287.23(7)
(7) Sunset. No grant may be awarded under this section for any year after 1999.
287.23 History
History: 1989 a. 335;
1991 a. 39;
1993 a. 16,
75;
1995 a. 27;
1995 a. 227 s.
905; Stats. 1995 s. 287.23.
287.25
287.25
Waste reduction and recycling demonstration grants. 287.25(1)(1)
Definitions. As used in this section:
287.25(1)(a)
(a) "Demonstration grant" means a waste reduction and recycling demonstration grant.
287.25(1)(b)
(b) "Development costs" means engineering, design, equipment, property and construction costs associated with the implementation of waste reduction and recycling activities.
287.25(1)(c)
(c) "Waste reduction and recycling activity" includes any project or incentive to reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste.
287.25(2)
(2) Department powers and duties. The department shall develop, implement and administer a demonstration grant program. The department shall develop evaluation criteria for reporting on and evaluating this program including the number of demonstration grants awarded, the extent to which the grant moneys are used as required under this section and the impact of activities financed with these grants on the amount of solid waste disposed of at land disposal facilities.
287.25(3)
(3) Demonstration grants; eligibility; applications. 287.25(3)(a)(a) A municipality, public entity, private business or nonprofit organization which meets eligibility requirements established by the department may apply for a demonstration grant for the purpose of implementing innovative waste reduction and recycling activities.
287.25(3)(b)
(b) An application for a demonstration grant shall contain the information, shall be in a form and shall be submitted in the manner required by the department.
287.25(3)(cm)
(cm) Beginning on January 1, 1993, no responsible unit may apply for a demonstration grant unless it has complied with
s. 287.09 (2) (b).
287.25(4)
(4) Demonstration grants; criteria. The department shall develop by rule criteria for determining eligibility, for approving, for determining the amount of and for establishing priorities for distributing demonstration grants. These criteria shall include:
287.25(4)(a)
(a) The weight or equivalent volume of solid waste which is anticipated to be diverted from disposal at land disposal facilities through the implementation of waste reduction and recycling activities. This weight or equivalent volume shall not include solid waste diverted from waste reduction or recycling facilities or activities in existence or for which a feasibility report is submitted on or before the date of application for the demonstration grant.
287.25(4)(b)
(b) The type or types of waste reduction and recycling activities to be implemented.
287.25(4)(c)
(c) Consideration of existing waste reduction and recycling activities.
287.25(4)(d)
(d) Consideration of existing and anticipated solid waste management needs.
287.25(4)(e)
(e) The value of implementation of the waste reduction or recycling activity as a demonstration or experimental project.
287.25(4)(f)
(f) Consideration of the implementation of innovative technologies in a waste reduction or recycling activity. No grant moneys may be awarded for costs of proven technologies, including, but not limited to, incinerator projects.
287.25(4)(g)
(g) Consideration of the application or implementation of innovative technologies in a project which employs a proven technology in a waste reduction or recycling activity. Notwithstanding
par. (f), a project which employs a proven technology may receive grant moneys for that portion of the project which implements innovative technologies and applications.
287.25(4s)
(4s) Requests for proposals. The department may request proposals for a waste reduction and recycling activity eligible for funding under this section. Notwithstanding
sub. (4) (f) and
(g), the department may award a demonstration grant for a project proposed in response to a request under this subsection that does not implement innovative technology. The amount awarded for demonstration grants under this subsection in a fiscal biennium may not exceed 50% of the total amount available for demonstration grants under this section in that fiscal biennium.
287.25(5)
(5) Demonstration grants; financial assistance. 287.25(5)(a)(a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under
s. 20.370 (6) (br).
287.25(5)(b)
(b) An eligible applicant for a demonstration grant may receive a grant based upon the weight or equivalent volume of solid waste anticipated to be diverted from disposal at land disposal facilities but a demonstration grant may not exceed 50% of the actual eligible costs or $150,000, whichever is less. An applicant's required contribution for a demonstration grant may consist of funding or an in-kind contribution. The department may award up to 75% of the grant to the applicant upon approval. The department shall award the remainder of the grant only if the waste reduction and recycling activities are implemented and approved by the department. The department may not award grants under this section to any applicant that total more than $250,000.
287.25(6)
(6) Restrictions on beverage container deposit regulations. The department may not require a municipality to establish beverage container deposit regulations as a condition for receiving a grant under this section. The department may not consider the establishment of beverage container deposit regulations as a factor in issuing any grant under this section. The department may not institute beverage container deposit regulations by rule under this section.
287.31
287.31
Newspaper recycling fee. 287.31(1)(a)
(a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed in this state, at daily, weekly or other short, periodic intervals, for the dissemination of current news and information of a general character and of a general interest to the public. "Newspaper" also includes any "shoppers guide", as defined in
s. 77.54 (15), that is printed on newsprint.
287.31(1)(b)
(b) "Recycled content" means the proportion of fiber in a newspaper that is derived from postconsumer waste.
287.31(2)
(2) Fee for not meeting target. Except as provided in
sub. (4) (a),
(am) or
(c), each publisher of a newspaper shall annually pay to the department a newspaper recycling fee.
287.31(3)(a)(a) Except as provided in
sub. (4) (b), the amount of the newspaper recycling fee imposed on a publisher under
sub. (2) for any year is 1% of the total cost of newsprint used to print the newspaper during the year multiplied by the recycling status specified in
par. (b).
287.31(3)(b)
(b) The recycling status is the target recycled content specified in
par. (c) minus the actual recycled content specified in
par. (d).
287.31(3)(c)
(c) The target recycled content is the following recycled content in the specified year:
287.31(3)(d)
(d) The actual recycled content is the average of the recycled content of all newsprint used by that publisher to print the publisher's newspaper during the year.
287.31(4)(a)(a) The newspaper recycling fee imposed under
sub. (2) does not apply to the publisher of a newspaper that meets or exceeds the target recycled content specified in
sub. (3) (c).
287.31(4)(am)
(am) The newspaper recycling fee imposed under
sub. (2) does not apply to the publisher of a newspaper if the publisher is unable to obtain recycled newsprint in sufficient quantity, has attempted to obtain recycled newsprint from every producer of recycled newsprint that offered to sell recycled newsprint to the publisher within the preceding 12 months, and submits to the department documentation of its attempts including the name and address of each producer of recycled newsprint that the publisher contacted and the name and telephone number of the contact person at each of the producers.
287.31(4)(b)1.1. The department shall reduce the newspaper recycling fee imposed on a publisher if it determines that the publisher purchased newsprint under a contract signed on or before July 1, 1989, and all of the following apply:
287.31(4)(b)1.a.
a. The contract requires the publisher to accept and pay for newsprint having a recycled content less than the target recycled content specified in
sub. (3) (c).
287.31(4)(b)1.b.
b. The contract does not contain language releasing the publisher from the obligation to purchase and pay for the newsprint upon the enactment of laws by this state relating to taxation or recycling of newsprint.
287.31(4)(b)2.
2. The department shall calculate the reduced fee under this paragraph as follows:
287.31(4)(b)2.a.
a. Subtract the amount of newsprint described in
subd. 1. used by the publisher during the year from the total amount of newsprint used by the publisher during the year.
287.31(4)(b)2.b.
b. Divide the amount of newsprint determined under
subd. 2. a. by the total amount of newsprint used by the publisher during the year.
287.31(4)(b)2.c.
c. Multiply the amount determined under
subd. 2. b. by the amount of the newspaper recycling fee calculated under
sub. (3).
287.31(4)(c)
(c) Subsection (3) does not apply to the publisher of a newspaper that has a circulation of less than 20,000 if the department determines, based on a review of a written request by the publisher, that compliance with the target recycled content requirements in
sub. (3) (c) would create a financial hardship for the publisher. The department shall promulgate rules for making determinations of financial hardship under this paragraph.
287.31(5)
(5) Collection. The department shall specify by rule the form and manner for payment of the newspaper recycling fee.
287.31(6)
(6) Use of revenues. The newspaper recycling fees collected under
sub. (5) shall be deposited in the recycling fund under
s. 25.49.
287.31 History
History: 1989 a. 335;
1991 a. 39;
1995 a. 227 s.
904; Stats. 1995 s. 287.31.
RECYCLING MARKET DEVELOPMENT
287.40
287.40
Definitions. In this subchapter:
287.40(1)
(1) "Board" means the recycling market development board.
287.40(2)
(2) "Business entity" means any organization or enterprise operated for profit or that is nonprofit and nongovernmental, including a proprietorship, partnership, business trust, joint venture, syndicate, corporation or association.
