Statement of Scope
Department of Natural Resources
Relating to: | Revisions to chs. NR 500, 502, 520, 542, and 544, Wis. Adm. Code, relating to statewide materials recycling and effective recycling programs |
1. Finding/nature of emergency (Emergency Rule only):
The rule will be proposed as a permanent rule.
2. Detailed description of the objective of the proposed rule:
The department is directed by s. 287.03, Wis. Stats., to promulgate rules necessary to implement ch. 287, Wis. Stats., including the designation of effective recycling program criteria. In 2020, a legislative audit of statewide recycling programs prompted the department to review relevant administrative code and engage with stakeholders in an effort to determine if improvements of recycling regulations are needed. Applicable recommendations from the audit will be addressed through this rulemaking. The general objectives of this rulemaking are to correct, clarify, and update effective recycling program criteria throughout ch. NR 544, Wis. Adm. Code, as well as amend sections of other code chapters related to waste reduction, recovery, and recycling efforts. Specific objectives include: a.
Update annual reporting and submittal requirements for recycling responsible units.b.
Update annual reporting and submittal requirements for material recovery facilities that self-certify and manage responsible unit materials in accordance with s. 287.27(2), Wis. Stats., and create annual reporting and submittal requirements for material recovery facilities that are currently not required to self-certify. c.
Clarify and modify reporting requirements for data that material recovery facilities and transportation services send to responsible units.d.
Clarify and update procedures in ch. NR 542, Wis. Adm. Code, for recycling grants to responsible units. e.
Clarify responsible unit enforcement requirements via ordinance and compliance assurance plans.f.
Clarify, codify, and add specificity to operational requirements of responsible units, including required components of effective recycling programs, collection and processing systems, components of recycling ordinances, record keeping requirements, participation in department trainings and evaluations, and requirements for material recovery facilities used as part of an effective recycling program.g.
Update the basis of collection standards to reflect changes in recyclable material content and volume.h.
Codify material recovery facility guidance and procedures for beneficial reuse and disposal of broken container glass and residual disposal fee exemptions. i.
Update policy on variances and exemptions allowed to meet requirements of an effective recycling program. j.
Evaluate and codify potential food waste reduction strategies and education requirements for an effective recycling program. k.
Modify the department’s ability to require owner financial responsibility for material recovery facilities. l.
Remove code requirements that may be conflicting or are no longer applicable.The rule would also review chs. NR 500, 502, 520, 542 and 544, Wis. Adm. Code, for any updates to definitions; changes to storage, collection and transportation, or processing requirements for recyclable materials; minor modifications or corrections to code based on previous statutory changes; and updates to recycling grants authorized under statutes. Additional rule changes or clarifications may be pursued which are reasonably related to those discussed here.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The solid waste reduction, recovery and recycling law, ch. 287, Wis. Stats., was enacted in 1990 to promote development of waste management structures and encourage reduction, reuse and recycling of Wisconsin’s solid waste. The law instituted bans on landfilling and incineration of certain materials and established a hierarchy of preferences for solid waste management options: The department oversees the disposal bans and program requirements and shares responsibility with local units of government for enforcing those provisions. “Responsible Units” implement municipal recycling programs. A responsible unit can be a municipality, county, tribe, solid waste management system, or other unit of local government that is responsible for planning, operating and funding a recycling program. Every municipality and tribe in the state must be either a responsible unit itself, or part of a multi-municipality or county responsible unit.
In addition to ensuring recycling services are provided to occupants of one- to four-unit residences, responsible units must ensure that nonresidential locations—including businesses, institutions, multi-family residences with five or more units, special events and construction sites—recycle materials banned from landfills. The law does not require responsible units to provide these services themselves.
Responsible units often contract with transportation services to deliver material to a material recovery facility (MRFs) where materials are processed for reuse or recycling. The department administers state-funded grant programs to assist responsible units in operating and improving their recycling programs.
Proposed rule revisions are intended to clarify existing code requirements and modify standards in the following chapters of the solid waste code:
Chapter NR 500, Wis. Adm. Code, contains definitions and general solid waste facility requirements.
Chapter NR 502, Wis. Adm. Code, provides the specifications for the collection and transportation of solid waste, including recyclable material.
Chapter NR 520, Wis. Adm. Code, contains owner financial responsibility requirements and specific fee information for the program.
Chapter NR 542, Wis. Adm. Code, contains the criteria responsible units must meet to obtain recycling grants.
Chapter NR 544, Wis. Adm. Code, contains the criteria for developing and maintaining an effective recycling program by a responsible unit, as well as the criteria for operating a self-certified material recovery facility. Alternatives to rulemaking include continuing to rely on program guidance to clarify application of existing rules or statutes. Failure to update code language maintains out-of-date standards and creates inefficiencies. Program guidance has been issued to provide clarity on the effective recycling program criteria but does not have the force of law. In its 2020 audit of the department’s recycling program, the Legislative Audit Bureau identified rule provisions that need to be revised.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 227.11(a)(intro.), Wis. Stats., provides that a state agency “may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute,” subject to certain restrictions.
