287.235(2)
(2) Grant amount. A grant under this section plus a grant under
s. 287.23 may not exceed the allowable expenses under
s. 287.23 (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grants are made.
287.235 History
History: 2001 a. 16.
287.235 Cross-reference
Cross-reference: See also ch.
NR 549, Wis. adm. code.
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 or a community-wide waste reduction project.
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(4)
(4) Demonstration grants; criteria. 287.25(4)(a)(a) 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 for innovative waste reduction and recycling activities. These criteria shall include:
287.25(4)(a)1.
1. 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)(a)2.
2. The type or types of waste reduction and recycling activities to be implemented.
287.25(4)(a)3.
3. Consideration of existing waste reduction and recycling activities.
287.25(4)(a)4.
4. Consideration of existing and anticipated solid waste management needs.
287.25(4)(a)5.
5. The value of implementation of the waste reduction or recycling activity as a demonstration or experimental project.
287.25(4)(a)6.
6. 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)(a)7.
7. 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
subd. 6., 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(4)(b)
(b) The department shall develop by rule eligibility criteria for determining eligibility, for approving and for determining the amount of demonstration grants for community-wide waste reduction projects and for establishing priorities for distributing the grants.
287.25(4s)
(4s) Requests for proposals. The department may request proposals for a waste reduction and recycling activity or a community-wide waste reduction program eligible for funding under this section. Notwithstanding
sub. (4) (a) 6. and
7., the department may award a demonstration grant for a waste reduction and recycling 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 of the innovative waste reduction or recycling activities or 75% of the actual eligible costs of the community-wide waste reduction project 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.
287.25 History
History: 1983 a. 426;
1985 a. 29 s.
3202 (39);
1987 a. 27;
1989 a. 31;
1989 a. 335 ss.
69b to
71b,
73b,
73d,
73h,
73L,
73p,
74,
76; Stats. 1989 s. 159.25;
1989 a. 359;
1993 a. 16,
75,
245;
1995 a. 27;
1995 a. 227 s.
906; Stats. 1995 s. 287.25;
1997 a. 60,
252.
287.25 Cross-reference
Cross-reference: See also chs.
NR 186 and
548, Wis. adm. code.
287.26
287.26
Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. In any contract under this section, the department shall include goals and objectives, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress toward the goals and objectives. The department may not provide more than $250,000 annually under this section to any nonprofit organization.
287.26 History
History: 2005 a. 25;
2007 a. 20.
287.27
287.27
Materials recovered for reuse or recycling. 287.27(1)(1)
Definition. 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.
287.27(2)
(2) Reports by materials recovery facilities. Annually, the owner or operator of a materials recovery facility shall report to the department the amount of each of the materials specified in
s. 287.07 (3) or
(4) and any other materials specified by the department under
sub. (4) (b) that the materials recovery facility receives and that were recovered from waste generated in this state.
287.27(3)
(3) Reports by trade associations. A trade association may submit a report to the department containing the information required under
sub. (2) in aggregate form for 2 or more materials recovery facilities that are affiliated with the trade association. A report under this subsection shall identify each materials recovery facility for which it is reporting. A materials recovery facility that is covered by a report under this subsection shall be considered to be in compliance with
sub. (2).
287.27(4)
(4) Rules. The department, by rule, may do any of the following:
287.27(4)(b)
(b) Specify additional materials that the owner or operator of a materials recovery facility must report under
sub. (2) or
(3).
287.27(4)(c)
(c) Exempt certain materials recovery facilities from all or a part of the reporting requirements of
subs. (2) and
(3) if the reports are not needed for the calculation of solid waste reuse or recycling rates under
s. 287.19 (1) (a) 2.
287.27 History
History: 1997 a. 60.
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 and renewable energy fund under
s. 25.49.
287.31 Cross-reference
Cross-reference: See also ch.
NR 546, Wis. adm. code.
LITTERING
287.81(1)(a)
(a) "Aircraft" means any structure invented, used or designed for navigation or flight in the air.
287.81(1)(as)
(as) "Large item" means an appliance, an item of furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste.
287.81(2)
(2) Except as provided in
sub. (3), a person who does any of the following may be required to forfeit not more than $500:
287.81(2)(a)
(a) Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property.
287.81(2)(b)
(b) Permits any solid waste to be thrown from a vehicle operated by the person.
287.81(2)(c)
(c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.
287.81(2)(d)
(d) Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under
49 CFR Part 831 authorizes its removal, whichever is latest.
287.81(2m)
(2m) Except as provided in
sub. (3), a person who deposits any large item on or along any highway, in any waters of the state, on the ice of any waters of the state, or on any other public or private property shall forfeit not more than $1,000.
287.81(3)(a)(a) Subsections (2) (a) and
(2m) do not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.
287.81(3)(b)
(b) Subsections (2) and
(2m) do not apply to a person who deposits or discharges solid waste in conformance with
chs. 30,
31,
281 to
285 or
289 to
299 or a permit, license or other approval issued by the department under those chapters.
287.81 History
History: 1989 a. 335;
1991 a. 19;
1995 a. 227 s.
917; Stats. 1995 s. 287.81;
2001 a. 90;
2009 a. 368.
