Section 74 NR 544.16 (1) (a) and (b) are amended to read:
(a) Operate and maintain the facility in a nuisance-free and environmentally sound manner in which litter, odors, and vectors are controlled.
(b) Maintain Excluding materials recovery facilities in the first year of operation, maintain records to verify that not less than 75 percent of the volume of materials accepted were recycled or transported from the facility to acceptable recycling, reuse, or disposal processes within 12 months of receipt at the facility, unless otherwise approved by the department.
Section 75 NR 544.16 (1) (d), (Note), (e), and (f) are created to read:
NR 544.16 (1) (d) Provide proof of financial responsibility for the cost of closure of the facility following the procedures in ch. NR 520 if a facility expects to accept more than 5,000 tons of materials in the upcoming calendar year with normal operation or has accepted more than 5,000 tons of materials in 2 of the last 3 calendar years. A facility may request release of financial responsibility if it accepted less than 5,000 tons of materials for 5 consecutive years and does not expect to accept more than 5,000 tons of materials in the upcoming calendar year. A facility shall establish proof of financial responsibility by submitting a form provided by the department at the following times, as applicable: 1. Prior to accepting materials from a responsible unit if the facility is a new materials recovery facility.
2. By July 1 of the calendar year after a materials recovery facility has accepted more than 5,000 tons of materials in 2 of the last 3 calendar years.
3. Within 12 months after the effective date of this section [LRB inserts date] if the facility is in operation on the effective date of this section [LRB inserts date].
Note: The form may be obtained from the Department of Natural Resources, Bureau of Waste and Materials Management at 101 S. Webster St., P.O. Box 7921, Madison, WI 53707.
(e) For recyclables that are not reported on the self-certification report under sub. (4) as being from a commercial source, comply with one of the following requirements for container glass recycling:
1. Send for recycling or reuse each calendar year an amount of glass that equals more than 12 percent of the total weight of recyclable material accepted.
2. If the facility’s percent of glass sent for recycling or reuse in a calendar year is less the minimum required under subd. 1., the facility shall submit justification to the department explaining why the minimum was not met. If the facility’s justification is not acceptable to the department based on requirements under ch. 287, Stats., and this chapter, the facility shall submit a glass recycling rate improvement plan that is acceptable to the department based on the requirements under ch. 287, Stats., within 60 days of request for a plan. (f) Maintain an annual residual rate that shall meet one of the following requirements:
1. A residual rate of 20 percent or less as calculated by total tons of accepted materials sent for disposal as a percent of total tons of processed material in a calendar year, as reported on the annual self-certification under sub. (4). Materials disposed of using a waiver under s. 287.07 (7) (g), Stats., shall be excluded from the residual rate calculation. 2. If the facility’s residual rate is greater than the maximum required under subd. 1., the facility shall submit justification to the department. If the facility’s justification is not acceptable to the department based on requirements under ch. 287, Stats., and this chapter, the facility shall submit a residual rate improvement plan that is acceptable to the department based on the requirements under ch. 287, Stats. within 60 days of request for a plan. Section 76 NR 544.16 (2) (a), (b), (3) (title), (a) (intro.), 1., 3., 4., 5., 6., 7. and 8. are amended to read:
NR 544.16 (2) (a) Unless exempt under par. (b), the owner or operator of a materials recovery facility that serves as a component of a responsible unit's effective recycling program shall certify to the department that it meets the requirements of under subs. (3) to (8) (14) and that it shall continue to meet these requirements until a modified self-certification application is provided to the department under sub. (3) or the facility no longer needs to self-certify.
(b) Single commodity materials recovery facilities are A single commodity materials recovery facility is exempted from the self-certification requirements under par. (a) unless the department determines that self-certification or other reporting is necessary to ensure compliance with the requirements in under sub. (1). A self-certification determination shall be effective for a period of one year.
(3) Self-certification of operation application.
(a) The owner or operator of a materials recovery facility shall submit a an application for self-certification for of operation prior to first accepting recyclable materials from any responsible unit. The owner or operator of a materials recovery facility operating as of the effective date of this section [LRB inserts date] shall submit an application for self-certification for operation within 180 days of the effective date of this section [LRB inserts date]. An updated self-certification for operation application shall be submitted within 30 days of any change in the information required under subds. 2. to 23. The owner or operator shall submit all of the following information to the department on a form supplied by the department:
1. The name of the owner and operator, and corresponding mailing and email addresses and telephone numbers. Changes to owner and operator names and contact information shall be provided to the department in writing within 30 days of a change.
3. A description of the materials recovery operations and the days and hours during which services are provided, including a drawing or description of how material moves through the facility, the equipment and methods used for sorting the materials, any processing in addition to sorting performed at the facility, and other information as determined by the department.
4. A list of all responsible units that use the materials recovery facility, if known.
5. A list and description of all recyclable materials expected to be accepted at the materials recovery facility.
6. A statement describing whether incoming recyclable materials are received pre-sorted into individual commodities or commodity groups, or collected in a single-stream or other alternative collection system.
7. The covered storage capacity for recyclable accepted materials.
8. The exposed storage capacity for recyclable accepted materials, the types and maximum quantities of recyclable accepted materials to be stored outdoors at any time, and the procedures used to prevent the spread of litter and to prevent discharge of contaminants to the environment from these the materials.
Section 77 NR 544.16 (3) (a) 9. is repealed.
Section 78 NR 544.16 (3) (a) 10. is amended to read:
NR 544.16. (3) (a) 10. The processing capacity of the materials recovery facility for recyclable accepted materials.
Section 79 NR 544.16 (3) (a) 11. is repealed.
Section 80 NR 544.16 (3) (a) 12. is amended to read:
NR 544.16 (3) (a) 12. A description of the procedures used to prevent nuisance conditions and control litter, odors, and vectors at the materials recovery facility.
Section 81 NR 544.16 (3) (a) 13. is repealed.
Section 82 NR 544.16 (3) (a) 14. is amended to read:
NR 544.16 (3) (a) 14. The A description of the procedures used to effectively minimize residual material.
Section 83 NR 544.16 (3) (a) 15., 16., 17., 18., 19., and 20. are repealed.
Section 84 NR 544.16 (3) (a) 21., 22., and 23. are created to read:
NR 544.16 (3) (a) 21. The maximum amount that the facility may have onsite at one time for each of the following:
a. Sorted accepted materials by commodity type.
b. Unsorted accepted materials.
c. Residual materials.
22. For a facility that is required to provide proof of owner financial responsibility under sub. (1) (d), the cost of closure as determined under s. NR 520.07 (2m) for materials under subd. 21. The cost of closure under s. NR 520.07 (2m) (a) 1. shall include any materials that the department has determined have a net negative or inconsistent value after determining any loading, transportation, and disposal fees. 23. Statements certifying all of the following:
a. The materials recovery facility will produce recovered materials in accordance with market quality specifications.
b. The owner or operator of the materials recovery facility will provide information on the types of materials accepted for recycling to each responsible unit contracted with the facility. This information shall be shared annually and within 30 days of a change and shall be made available for inspection upon department request.
c. The owner or operator of the materials recovery facility will provide information on the types of materials accepted for recycling to each collection and transportation service provider contracted with the facility. This information shall be shared annually and within 30 days of a change and shall be made available for inspection upon department request.
d. The owner or operator of the materials recovery facility will provide by February 1 of each year sufficient information so that a responsible unit from which tonnage has been delivered and identified in the prior calendar year can comply with the reporting requirements under s. NR 544.10 (2) (d). For all measurements, the owner or operator of the materials recovery facility shall use sampling methods or measurements acceptable to the department.
e. Accepted materials will not be stored in wetlands as defined under s. NR 500.03 (258).
f. Accepted materials will not be stored in a floodplain as defined under s. NR 500.03 (87). This paragraph does not apply to a materials recovery facility at which recyclable materials were stored in a floodplain on or before November 1, 1992, provided that the area in which the recyclable materials are stored is not increased.
g. The owner or operator of the materials recovery facility will comply with the disposal and incineration prohibitions under s. 287.07 (1m), (2), (3), (4), (4m), and (5) (a), Stats.
h. The storage capacity is adequate to maintain the quality and quantity of the accepted materials for markets.
i. The processing capacity of the materials recovery facility is adequate to accommodate the quantities of accepted materials that will be received.
j. The exposed outdoor storage capacity will not be used for unbaled paper, cardboard, plastic, or other materials that can be easily moved by wind and water, unless contained by at least a 3-sided bunker with wall height and length greater than the recyclables it contains or other containment of equal and adequate efficacy for litter control.
k. The facility has a contingency plan that will be used in the event of a shut-down or closure of 48 hours or less and a contingency plan that will be used in the event of a shut-down or closure greater than 48 hours.
L. Information created and distributed by the facility after the effective date of this section [LRB inserts date] regarding materials accepted for processing by the facility, including details on commodity types or special needs for collection, is accurate as of a specific date and indicates that the information is only specific to that facility, identified by name and address.
m. Within 60 days of a request from a responsible unit contracted with the materials recovery facility, the facility will review for accuracy the information about acceptable materials and rules on outreach and education material created for the responsible unit.
Section 85 NR 544.16 (4) (a) and (b) are amended to read:
NR 544.16 (4) (a) Certification that the facility has been and will continue to be maintained and operated in conformance with the information submitted upon initial self-certification or upon subsequent notification of change to the department in the most recent self-certification application.
(b) An inventory of recyclable materials, by source and category and expressed in tons, accepted from responsible units as of both January 1 and December 31 of for the previous calendar year, and the total tonnage of this material processed off-site in the previous calendar year.
Section 86 NR 544.16 (4) (bg) and (br) are created to read:
NR 544.16 (4) (bg) An inventory of materials, by weight and commodity type, that were processed onsite and sent offsite for reuse or recycling in the prior calendar year.
(br) An inventory of materials, by weight and commodity type, that were sent offsite for processing in the prior calendar year and the names of those processing facilities.
Section 87 NR 544.16 (4) (c) and (d) are amended to read:
NR 544.16 (4) (c) Certification by the owner or operator of the materials recovery facility that records are maintained to verify that not less than 75%75 percent of the volume of materials accepted were recycled or transported from the facility for acceptable recycling, reuse or disposal within 12 months of receipt at the facility, unless otherwise approved by the department. This requirement need not be met for the first year of operation of newly established materials recovery facilities.
(d) The total quantity expressed in tons, by weight, of residual material generated at the materials recovery facility during the previous calendar year and the percentage of the total amount of incoming recyclable processed materials that was residual material during the previous calendar year.
Section 88 NR 544.16 (4) (e), (f), (g), (h) and (i) are created to read:
NR 544.16 (4) (e) Certification that the facility did not exceed any of the storage maximums identified on its self-certification of operation application during the previous calendar year.
(f) The name of the owner and operator and corresponding mailing and email addresses and telephone numbers.
(g) The legal name of the materials recovery facility and the street address at that location.
(h) A list of all responsible units that used the materials recovery facility in the prior year.
(i) A list and description of all materials currently accepted at the materials recovery facility, where materials are stored, and other details as requested by the department.
Section 89 NR 544.16 (5) (intro.) is amended to read:
NR 544.16 (5) Invalidation of self-certification of operation. The department shall use the information provided under this section during routine inspection of materials recovery facilities and as needed in response to complaints. Should significant discrepancies between actual operations and information submitted under this section be found, or if a materials recovery facility fails to comply with requirements under this section, the department may invalidate the materials recovery facility’s self-certification and thereby disqualify the materials recovery facility as a component of a responsible unit’s effective recycling program. The department may invalidate a materials recovery facility’s self-certification if any of the following conditions exist:
Section 90 NR 544.16 (5) (a), (b), (c), (d), (e), (f) and (g) are repealed.
Section 91 NR 544.16 (6), (8) (intro.), (c) and (d) are amended to read:
NR 544.16 (6) Recertification. The owner or operator of a materials recovery facility with an invalidated self-certification under sub. (5) may resubmit the self-certification information required under sub. (3) subs. (3) and (4) to the department and request a review after correcting all deficiencies. The department may re-certify a materials recovery facility if it determines that the materials recovery facility is in compliance with all requirements of this section and has put in place appropriate policies and procedures to remain in compliance with the requirements of this section.
(8) Notification of change of service. The owner or operator of a materials recovery facility which that is self-certified under this section shall provide written notification to the department, collection and transportation service providers, and responsible units that have contracted directly with the facility for services as follows:
(c) At least 60 days prior to initiating processing of recyclable materials collected in a single-stream collection system changing the method of receiving incoming materials, including whether the materials are received pre-sorted into individual commodities or commodity groups, or collected in a single-stream or other alternative collection system.
(d) As soon as practicable after the occurrence of an unanticipated interruption of service to a responsible unit for a period of more than one week of 48 hours or greater or any interruption of service that results in a change of material acceptance.
Section 92 NR 544.16 Table 1 and (Note) are repealed.
Section 93 NR 544.16 (9) and (10) are created to read:
NR 544.16 (9) Claiming a disposal fee exemption for residual materials. (a) An owner or operator of a materials recovery facility that claims a fee exemption under s. 289.63 (6) (d), 289.64 (4) (d), 289.645 (4) (h), or 289.67 (1) (fj), Stats., shall submit all of the following information, at a minimum, within one week of the end of each calendar quarter to each landfill that accepts the residual materials: 1. The total amount of residual materials generated by the materials recovery facility in the calendar quarter.
2. The amount equal to 10 percent of the total amount of incoming materials accepted for processing in the calendar quarter.
3. The amount of residual materials claimed for a fee exemption in the calendar quarter.
4. The name and title of the materials recovery facility representative who is certifying that the facility is eligible for a fee exemption in the calendar quarter.
(b) Landfills that accept the residual materials for disposal shall submit to the department a copy of the documentation for a fee exemption from the materials recovery facility.
(10) Beneficially reusing processed container glass within a landfill. A materials recovery facility that chooses to partner with a landfill and provide processed container glass, which is otherwise banned from landfill disposal, for an approved beneficial reuse activity within that landfill under s. 287.07 (7) (f), Stats., shall maintain a copy of the applicable landfill plan of operation modification approval onsite and shall provide all of the following information to a landfill each time a landfill requires a new plan of operation modification approval from the department:
