NR 530.06(1)(d) (d) Whether the material is hazardous waste.
NR 530.06(1)(e) (e) Other factors a registered recycler or the department considers relevant to the determination.
NR 530.06(2) (2)Eligibility of electronic devices recovered from illegal dumping or disposal to count toward manufacturer weight recycled. If a registered collector receives an eligible electronic device recovered from waste loads or illegal dumping that can reasonably be assumed to have come from a household or covered school in this state, the eligible electronic device may be sent to a registered recycler for recycling on behalf of a registered manufacturer.
NR 530.06 History History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23.
NR 530.07 NR 530.07Requirements for registered manufacturers. On the registration under s. 287.17 (3) (a), Stats., a registered manufacturer shall include all of the following:
NR 530.07(1) (1) The date on which the manufacturer began selling the brands of covered electronic devices offered for sale in this state and, if applicable, the date it stopped selling the brands.
NR 530.07(2) (2) A list of the brands and types of eligible electronic devices accepted through the manufacturer's mail-back recycling program, if applicable, and information on how households or covered schools can access the program, including a website address, if available.
NR 530.07 History History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23.
NR 530.08 NR 530.08Requirements for registered collectors.
NR 530.08(1)(1)Registration.
NR 530.08(1)(a)(a) A registered recycler or manufacturer shall also register as a collector if the recycler or manufacturer is accepting electronic devices from a household or covered school for recycling on behalf of a registered manufacturer.
NR 530.08(1)(b) (b) A registered collector shall include all of the following information with its registration under s. 287.17 (7) (a), Stats.:
NR 530.08(1)(b)1. 1. A list of the electronic devices banned from disposal under s. 287.07 (5), Stats., that the collector accepts.
NR 530.08(1)(b)2. 2. The site name, street address, and county for any location where the collector accepts eligible electronic devices used by households, and a phone number that households may call for more information about the location.
NR 530.08(1)(b)3. 3. The date and time of any collection event to be held by the collector, if known at the time of registration, or any collection event held during the previous program year, along with the information listed under subd. 2. for the event.
NR 530.08(1)(b)4. 4. Fees the collector charges households or covered schools to accept eligible electronic devices for recycling.
NR 530.08(1)(c) (c) A registered collector shall notify the department in a timely manner if any of the information provided under par. (b) 1. to 3. changes before the time of its next registration under s. 287.17 (7) (a), Stats.
NR 530.08(2) (2)Reporting.
NR 530.08(2)(a)(a) In the annual report submitted under s. 287.17 (7) (b), Stats., a registered collector shall report to the department the total weight of eligible electronic devices used by households or covered schools it collected in this state during the preceding program year. The report shall identify the following, as applicable:
NR 530.08(2)(a)1. 1. The total weight of eligible electronic devices sent to registered recyclers during the preceding program year, along with the name of each registered recycler that received weight, and the weight sent to each.
NR 530.08(2)(a)2. 2. The total weight of eligible electronic devices sent to other registered collectors during the preceding program year, along with the name of each registered collector that received weight, and the weight sent to each.
NR 530.08(2)(a)3. 3. The total weight of eligible electronic devices received from other registered collectors during the preceding program year, along with the name of each registered collector that sent weight, and the weight received from each.
NR 530.08(2)(a)4. 4. The total weight of eligible electronic devices dismantled instead of sending to a registered recycler during the preceding program year.
NR 530.08(2)(a)5. 5. The total weight of eligible electronic devices sent to a non-registered recycler during the preceding program year.
NR 530.08(2)(b) (b) For weights reported under par. (a) 1. to 3., the collector shall report separate totals for the weight of eligible electronic devices used in rural and urban counties. When the source county is unknown, the weight shall be counted in the total for urban counties.
NR 530.08(3) (3)Recordkeeping.
NR 530.08(3)(a)(a) A registered collector shall maintain records of the dates it sent eligible electronic devices to another registered collector or a registered recycler, along with the bill of lading, scale receipt, or approximate weight or size of the load. These records shall be kept independently from receipts or other records received from the collector or recycler that received the eligible electronic devices.
NR 530.08(3)(b) (b) A registered collector shall maintain records related to the program under this section and reports required under this section for at least 3 years and present records to the department upon request.
NR 530.08 History History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23.
NR 530.09 NR 530.09Requirements for registered recyclers.
NR 530.09(1)(1)Registration.
NR 530.09(1)(a)(a) A registered collector or manufacturer shall also register as a recycler if the collector or manufacturer is recycling eligible electronic devices on behalf of a registered manufacturer.
NR 530.09(1)(b) (b) A registered recycler shall include all of the following information with its registration under s. 287.17 (8) (a), Stats.:
NR 530.09(1)(b)1. 1. The street address of all facilities at which the registered recycler conducts recycling or stores eligible electronic devices or materials derived from eligible electronic devices.
NR 530.09(1)(b)2. 2. A list of the electronic devices banned from disposal under s. 287.07 (5), Stats., that the recycler accepts.
NR 530.09(1)(b)3. 3. A list of applicable third-party certifications that the recycler maintains.
NR 530.09 Note Note: Electronics recycling facilities may become certified by demonstrating to an accredited, independent third-party auditor that they meet specific standards to safely recycle and manage electronic devices. Currently two accredited certification standards exist: the Responsible Recycling (“R2") Standard for Electronics Recyclers and the e-Stewards® Standard for Responsible Recycling and Reuse of Electronic Equipment© (“e-Stewards®").
NR 530.09(1)(b)4. 4. If the facility is located in Wisconsin, the solid waste processing facility operating license number obtained under s. NR 502.08.
NR 530.09(2) (2)Reporting recycled weight.
NR 530.09(2)(a) (a) In the annual report submitted under s. 287.17 (8) (b), Stats., a registered recycler shall include all of the following:
NR 530.09(2)(a)1. 1. The names of all registered collectors in this state from which the recycler received eligible electronic devices during the preceding program year.
NR 530.09(2)(a)2. 2. The total weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties received from each collector. When the source county is unknown, the weight shall be counted in the total for urban counties.
NR 530.09(2)(a)3. 3. The total weight of eligible electronic devices that the recycler diverted for reuse or refurbishment, rather than recycled, during the preceding program year.
NR 530.09(2)(a)4. 4. The total weight of eligible electronic devices that the recycler put in storage, rather than recycled or sent for disposal, during the preceding program year.
NR 530.09(2)(a)5. 5. The total weight of recyclable material derived from eligible electronic devices that the recycler sent for disposal, rather than recycled, during the preceding program year.
NR 530.09(2)(b) (b) To calculate total recycled weight for the preceding program year, the registered recycler shall subtract the weights reported under par. (a) 3. to 5. from the total weight reported under par. (a) 2.
NR 530.09(3) (3)Reporting assignments of recycled weight.
NR 530.09(3)(a) (a) A registered recycler may assign recycled weight to an authorized broker or registered manufacturer.
NR 530.09(3)(b) (b) On the annual report submitted under s. 287.17 (8) (b), Stats., a registered recycler shall identify the total recycled weight the recycler assigned to authorized brokers or registered manufacturers during the preceding program year, the name of all authorized brokers and registered manufacturers assigned recycled weight, and the recycled weight assigned to each.
NR 530.09(3)(c) (c) A registered recycler shall report separate totals for the recycled weight used in rural and urban counties under par. (b). When the source county is unknown, the recycled weight shall be counted in the total for urban counties.
NR 530.09(3)(d) (d) The total recycled weight reported under par. (b) may not exceed the total reported under sub. (2) (b).
NR 530.09(4) (4)Owner financial responsibility.
NR 530.09(4)(a) (a) To meet the owner financial responsibility requirement under s. 287.17 (8) (c) 3., Stats., a registered recycler shall do all of the following:
NR 530.09(4)(a)1. 1. Submit a copy of the registered recycler's current proof of financial responsibility to the department with its initial registration and upon request by the department.
NR 530.09(4)(a)2. 2. Provide proof of financial responsibility for all facilities where eligible electronic devices, or materials derived from eligible electronic devices, are stored or recycled.
NR 530.09(4)(b) (b) In addition to meeting the requirements under par. (a), a registered recycler located in Wisconsin shall do all of the following:
NR 530.09(4)(b)1. 1. Submit a closure cost estimate for all facilities listed under sub. (1) (b) 1. on a form required by the department., in accordance with s. NR 520.07.
NR 530.09(4)(b)2. 2. Name the department as beneficiary or obligee and meet the requirements of s. NR 520.06, except the facility may only use one of the financial responsibility mechanisms under s. 287.17 (8) (c) 3. a. to e., Stats.
NR 530.09(4)(c) (c) In addition to meeting the requirements under par. (a), a registered recycler not located in Wisconsin shall do one of the following:
NR 530.09(4)(c)1. 1. Name the department as beneficiary or obligee and meet the applicable requirements of ch. NR 520.
NR 530.09(4)(c)2. 2. Name an independent third party other than the department as beneficiary or obligee and meet all of the following requirements:
NR 530.09(4)(c)2.a. a. Provide proof of financial responsibility using one of the mechanisms under s. 287.17 (8) (c) 3. a. to e., Stats. If selecting a performance or forfeiture bond as the means of proof of financial responsibility, the bonds shall be issued by a surety company among those listed as acceptable sureties for federal bonds in Circular 570 of the U.S. department of the treasury.
NR 530.09(4)(c)2.b. b. Provide a closure cost estimate that does not count any assets as positive value and is based on the cost of an independent third party managing the facility closure and cleanup.
NR 530.09(4)(c)2.c. c. Provide a copy of new or updated proof of financial responsibility within 10 days of its effective date.
NR 530.09(4)(c)2.d. d. Notify the department at least 90 days prior to the cancellation date of proof of financial responsibility.
NR 530.09(5) (5)Transportation of electronic devices.
NR 530.09(5)(a) (a) A registered recycler shall use a bill of lading for all of the following:
NR 530.09(5)(a)1. 1. Transporting electronic devices and their components from the point of collection or consolidation to the recycler's facility.
NR 530.09(5)(a)2. 2. Transporting electronic devices and their components from the recycler's facility to other recyclers or end users of the material.
NR 530.09(5)(b) (b) Each bill of lading shall include the date the load was picked up from the originating facility and a description of the load, including the type of materials and number of pallets or containers. Each bill of lading shall also include one of the following:
NR 530.09(5)(b)1. 1. The weight of the load, if a scale is available.
NR 530.09(5)(b)2. 2. The estimated weight of the load, if a scale is not available.
NR 530.09(5)(c) (c) Each bill of lading shall be signed by both the shipper and the receiver.
NR 530.09(5)(d) (d) A registered recycler shall maintain bills of lading and other records required under this section for at least 3 years. The department may inspect records that are required under this section.
NR 530.09 History History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) (b), (3) (d) made under s. 35.17, Stats., Register June 2023 No. 810.
NR 530.10 NR 530.10Requirements for authorized brokers.
NR 530.10(1)(1)Manufacturer cooperation. This section applies to any authorized broker providing services to a registered manufacturer for the purpose of cooperation under s. 287.17 (2) (b), Stats.
NR 530.10(2) (2)Notification. A person, including a registered recycler, wishing to operate as an authorized broker on behalf of one or more registered manufacturers shall notify the department and provide the name, address, and contact information of an individual responsible for ensuring compliance with this section.
NR 530.10(3) (3)Annual weight transaction summary.
NR 530.10(3)(a) (a) An authorized broker may transact assignments of recycled weight with registered recyclers, authorized brokers, and registered manufacturers.
NR 530.10(3)(b) (b) An authorized broker shall submit to the department no later than the first day of the third month of a program year, a report that includes all of the following:
NR 530.10(3)(b)1. 1. The recycled weight assigned by others to the authorized broker during the preceding program year, the names of the persons who assigned the recycled weight, and the recycled weight assigned by each person.
NR 530.10(3)(b)2. 2. The recycled weight the authorized broker assigned to others during the preceding program year, the names of the persons recycled weight was assigned to, and the recycled weight assigned to each person.
NR 530.10(3)(c) (c) For weights reported under par. (b), the authorized broker shall report separate totals for the recycled weight associated with recycling of eligible electronic devices used in rural and urban counties. When the source county is unknown, the weight shall be counted in the total for urban counties.
NR 530.10(3)(d) (d) The total weight reported under par. (b) 2. shall not exceed the total weight reported under par. (b) 1.
NR 530.10 History History: CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23.
NR 530.11 NR 530.11Requirements for retailers.
NR 530.11(1)(1)Registered brands. If a retailer determines that a covered electronic device is not listed as registered on the department's internet site, and that s. 287.17 (2) (c) 2., Stats., does not apply, the retailer shall do all of the following:
NR 530.11(1)(a) (a) Remove the covered electronic device from the sales area of its in-person stores located in Wisconsin.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.