NR 544.16 (3) (a) 14. The A description of the procedures used to effectively minimize residual material.
85Section 85 NR 544.16 (3) (a) 15., 16., 17., 18., 19., and 20. are repealed. _Hlk143770797Section 86 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 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.
_Hlk141742615b. 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 provided 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 provided 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 a bunker of at least 3 sides 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 shutdown or closure of 48 hours or less and a contingency plan that will be used in the event of a shutdown or closure greater than 48 hours.
_Hlk142403580L. 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.
87Section 87 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.
_Hlk142300401 (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. 88Section 88 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.
89Section 89 NR 544.16 (4) (c) and (d) are amended to read: _Hlk142403910NR 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 recyclable 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.
90Section 90 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.
91Section 91 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:
92Section 92 NR 544.16 (5) (a), (b), (c), (d), (e), (f) and (g) are repealed. 93Section 93 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.
94Section 94 NR 544.16 Table 1 and (Note) are repealed. 95Section 95 NR 544.16 (9) and (10) are created to read: _Hlk143584793NR 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: (a) A comparison demonstrating that the financial cost for beneficial reuse of the processed container glass at the landfill property is less than the cost for recycling that same amount of container glass when the processed container glass is in marketable condition, or less than the cost of reusing the processed container glass outside of a landfill when the container glass is in marketable condition. The comparison shall include the cost of providing marketable quality glass to 2 non-landfill markets compared with the cost of the proposed landfill beneficial reuse. This analysis shall be specific to the facility and include transportation costs and the cost of supplying the processed container glass to the end user compared to the transportation costs and the cost of supplying the processed container glass to the landfill. The cost analysis may include costs that a facility may spend processing the container glass to marketable conditions for recycling or non-landfill beneficial reuse and the cost that a facility may spend processing the container glass to the specifications for the proposed landfill beneficial reuse.
(b) An environmental comparison demonstrating that the beneficial reuse of processed container glass at a landfill will replace a product that requires higher energy use or produces higher greenhouse emissions per ton than the beneficial reuse of the processed container glass.
_Hlk142405643Note: Residual crushed glass, a minor byproduct that may be generated in the process of cleaning or sorting container glass into marketable material, does not require comparison data from the material recovery facility for beneficial reuse in a landfill. 96Section 96 Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. 97Section 97 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on May 22, 2024. Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
For Karen Hyun, Ph.D., Secretary
