CHAPTER 287
SOLID WASTE REDUCTION, RECOVERY AND RECYCLING
SUBCHAPTER I
GENERAL
287.03 Departmental duties and powers.
287.05 State solid waste reduction, reuse, recycling, composting and resource recovery policy.
SUBCHAPTER II
SOLID WASTE REDUCTION, RECOVERY
AND RECYCLING
287.07 Prohibitions on land disposal and incineration.
287.09 Municipal and county duties and powers.
287.093 Lien of recycling fees.
287.095 Responsible unit liability.
287.10 Limit on local regulation.
287.11 Effective recycling programs.
287.13 Municipal waste flow control; required use of recycling or resource recovery facility.
287.15 Waste oil collection and recycling.
287.18 Lead acid battery collection.
287.185 Disposal of mercuric oxide batteries.
287.19 Statewide technical assistance.
287.21 Statewide education program.
287.215 Yard waste publicity.
287.22 Council on recycling.
287.23 Financial assistance for responsible units.
287.25 Waste reduction and recycling demonstration grants.
287.27 Materials recovered for reuse or recycling.
287.31 Newspaper recycling fee.
SUBCHAPTER IV
LITTERING
SUBCHAPTER V
ENFORCEMENT AND PENALTIES
287.91 Enforcement; duty of department of justice; expenses.
287.95 Penalties concerning land disposal and incineration; citations.
Ch. 287 Note
Note: 1995 Wis. Act 227 renumbered the provisions of chs. 144, 147, 159 and 162, Stats. 1993-94, to be chs. 280-299, Stats. 1995-96. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5.
GENERAL
287.01
287.01
Definitions. Except as otherwise provided, in this chapter:
287.01(1)
(1) "Department" means the department of natural resources.
287.01(2)
(2) "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:
287.01(2)(b)
(b) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
287.01(2)(c)
(c) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
287.01(2m)
(2m) "Land spreading facility" means a solid waste disposal facility in which solid waste is placed in thin layers onto the surface of the land or incorporated into the surface layers of the soil.
287.01(3)
(3) "Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
287.01(4)
(4) "Municipality" means a city, village or town.
287.01(5)
(5) "Out-of-state unit" means a general purpose local governmental unit located in a state other than Wisconsin.
287.01(5m)
(5m) "Person" includes any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in
s. 66.0131 (1) (a), state agency or authority or federal agency.
287.01(7)
(7) "Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in
s. 291.01 (7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in
s. 289.01 (17).
287.01(8)
(8) "Region" means the area within the boundaries of a responsible unit or an out-of-state unit.
287.01(8m)
(8m) "Resource recovery" means the conversion of solid waste into fuel or energy.
287.01(9)
(9) "Responsible unit" means a municipality, county, another unit of government, including a federally recognized Indian tribe or band in this state, or solid waste management system under
s. 59.70 (2), that is designated under
s. 287.09 (1).
287.01(13)
(13) "Solid waste management" means planning, organizing, financing, and implementing programs to effect the storage, collection, transporting, processing, recycling or final disposal of solid wastes in a sanitary, nuisance-free manner.
287.01(14)
(14) "Solid waste management plan" means a plan prepared to provide for solid waste management.
287.01(17)
(17) "Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
287.03
287.03
Departmental duties and powers. 287.03(1)
(1)
Duties. The department shall do all of the following:
287.03(1)(a)
(a) Promulgate rules necessary to implement this chapter.
287.03(1)(am)
(am) Promulgate rules concerning the imposition, under
s. 285.54, of fees by municipalities on operators of medical waste incinerators.
287.03(1)(c)
(c) Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin System.
287.03(1)(d)
(d) Coordinate its recycling market development activities with the recycling market development board.
287.03(2)
(2) Powers. The department may do any of the following:
287.03(2)(a)
(a) Hold hearings relating to any aspect of the administration of this chapter and, in connection therewith, compel the attendance of witnesses and the production of evidence.
287.03(2)(b)
(b) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
287.03 History
History: 1989 a. 335;
1993 a. 75;
1995 a. 27;
1995 a. 227 s.
886; Stats. 1995 s. 287.03;
1999 a. 150 s.
672.
287.05
287.05
State solid waste reduction, reuse, recycling, composting and resource recovery policy. The following are declared to be policies of the state concerning the reduction of the amount of solid waste generated, the reuse, recycling and composting of solid waste and resource recovery from solid waste:
287.05(1)
(1) That maximum solid waste reduction, reuse, recycling, composting and resource recovery is in the best interest of the state in order to protect public health, to protect the quality of the natural environment and to conserve resources and energy.
287.05(2)
(2) That solid waste reduction, reuse, recycling, composting and resource recovery projects should be encouraged in furtherance of these goals.
287.05(3)
(3) That encouragement and support should be given to individuals, collectors, handlers and operators of waste facilities to separate solid waste at the source, in processing or at the time of disposal in order to facilitate reuse, recycling, composting or resource recovery.
287.05(4)
(4) That research, development and innovation in the design, management and operation of solid waste reduction, reuse, recycling, composting and resource recovery systems and operations are necessary and should be encouraged in order to improve the processes, to lower operating costs and to provide incentives for the use of these systems and operations and their products.
287.05(4m)
(4m) That the initiatives of current recyclers which facilitate reuse and recycling through separation, collection and processing of substantial volumes of scrap and waste material, reducing the amount of mixed solid waste that is disposed of in landfills or burned without energy recovery in incinerators, should be encouraged.
287.05(4s)
(4s) That the burning of solid waste with energy recovery as a substitute for the burning of nonrenewable fuels, such as coal, to generate steam or electricity is in the public interest and should be encouraged, if done in a state-approved program that protects the public health and welfare and the environment.
287.05(5)
(5) That the implementation of solid waste reduction, reuse, recycling, composting and resource recovery systems and operations requires the involvement and cooperation of all persons and entities comprising this state's society, including individuals, state and local governments, schools, private organizations and businesses. To achieve this involvement and cooperation, state government should rely to the maximum extent feasible on technical and financial assistance, education and managerial practices to implement these policies. Necessary regulations should be developed with maximum flexibility.
287.05(6)
(6) That solid waste reduction, reuse, recycling, composting and resource recovery efforts in this state should be planned and coordinated in order to maximize beneficial results while minimizing duplication and inefficiency.
287.05(7)
(7) That to achieve the goals in this policy statement the legislature recognizes the necessity of the state to occupy a regulatory role in this field and the necessity to give municipalities and counties certain powers to adopt waste flow control ordinances in order to require the use of recycling and resource recovery facilities.