22. The compliance assurance plan required under s. NR 544.04 (9g) shall include in its description of its system of enforcement how the municipality or responsible unit will address cases where a single family or 2 to 4 unit residence has not contracted for individual collection service. 33. The tonnage of materials specified under s. 287.07 (3) and (4), Stats., that are collected using an individual collection service shall be reported to the department under s. NR 544.10. 50Section 50 NR 544.05 (3) (a), (b) and (Note) are amended to read: NR 544.05 (3) (a) A responsible unit may apply to the department under s. NR 544.08 (3) for approval of an alternate collection system that does not comply with meet the requirements under sub. (1) (a) 1. and 2., and either par. (b) or (c) par. (b), (c), or (d). (b) A responsible unit may apply to the department under ss. NR 502.08 and 544.08 (3) for approval of an alternative processing system that does not comply with meet the requirement under sub. (2) (b). Note: Examples of alternative Alternative processing and collection systems which that may be approved under this paragraph include but are not limited to, mixed waste processing and co-collection systems that do not maintain the physical separation of solid waste from recyclable materials during collection or transportation.
_Hlk130981572Section 51 NR 544.06 (1) (Note), (2) (a) and (b) 1. are amended to read: NR 544.06 (1) Note: A responsible unit is authorized by under s. 287.09 (3) (b), Stats., to adopt an ordinance to enforce the recycling program established under s. 287.09 (2) (a), Stats., to comply with s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), and (4), Stats., and the priorities under s. 287.05 (12), Stats. (2) (a) A requirement that the occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties in the region either separate for recycling the materials specified under s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), and (4), Stats., from postconsumer waste generated in the region or send the material to a licensed processing facility that recovers for recycling those materials from solid waste in as pure a form as is technically feasible. This requirement does not apply to solid waste which that is burned as a supplemental fuel at a facility if less than 30% 30 percent of the heat input into the facility is derived from the solid waste burned as supplemental fuel in accordance with s. 287.07 (7) (bg), Stats. (b) 1. Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
_Hlk143846350Section 52 NR 544.06 (2) (b) 1. a., b., and c. are created to read: NR 544.06 (2) (b) 1. a. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.
b. The ratio of trash container volume to recycling container volume is at most 2:1.
c. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials for delivery to a recycling facility.
_Hlk130981878Section 53 NR 544.06 (2) (b) 2., 3., (c) 1., and 2. are amended to read: NR 544.06 (2) (b) 2. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter of how to appropriately recycle the materials specified under s. 287.07 (1m) to (4) s. 287.07 (1m), (2), (3), and (4), Stats., at this location. This notification shall include reasons to reduce and recycle waste, which what materials are collected, at this location and how to prepare recyclable the materials in order to meet the processing requirements, and collection methods or sites. The notification shall indicate locations and hours of operation of drop-off collection sites for recyclable to recycle materials not collected on-site, including a contact person or company, address and phone number. 3. Provide for the collection of recyclable materials specified under s. 287.07 (4), Stats, separated from the solid waste by the tenants, and the delivery of recyclable the materials to a recycling facility. The total volume of the recycling containers shall be sufficient to avoid overflow during the time period between collection of materials for delivery to a recycling facility. (c) 1. Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials for delivery to a recycling facility.
2. Notify in writing, at least semi-annually, all users, tenants and occupants of the facilities and properties, including members of the public who use services provided by the facilities and properties, of how to appropriately recycle the materials specified under s. 287.07 (1m) to (4)s. 287.07 (1m), (2), (3), and (4), Stats. at this location. This notification shall include reasons to reduce and recycle waste, which what materials are collected, at this location and how to prepare recyclable the materials in order to meet the processing requirements and collection methods or sites. The notification shall indicate locations and hours of operation of drop-off collection sites for recyclable materials not collected on-site, including a contact person or company, address and phone number. 54Section 54 NR 544.07 is amended to read: NR 544.07 Record-keeping requirements. A responsible unit subject to this chapter shall maintain records supporting its application and documenting its compliance with this chapter. The records shall be kept at a single location and be available for department review. The responsible unit shall retain its records related to the annual program report submitted under s. NR 544.10 for at least 3 years following the submittal of that year’s annual program report. 55Section 55 NR 544.08 (2) (c), (d), (g), (j) and (k) are amended to read: NR 544.08 (2) (c) A description of the collection system for single-family single family residences and 2 to 4 family residential dwelling units unit residences. A responsible unit shall also apply for the approval of an alternative collection or processing system under sub. (3) if the collection system is not consistent with the requirements under s. NR 544.05 (1) (a) 1. and 2., and either par. (b) or (c). (d) A description of the systems for processing and marketing recyclable materials collected from single family residences and 2 to 4 family residential dwelling units unit residences.
(g) A description of its system of enforcement and, beginning August 2006, a copy of its compliance assurance plan as required in under s. NR 544.04 (9g). (j) A description of opportunities for residences to reduce, reuse, or recycle those items the materials specified in under s. 287.07 (1m) and (2) s. 287.07 (1m), (2), (4m), and (5) (a), Stats., including opportunities provided by the private sector. (k) A description of provisions for A statement that the management of solid waste that is generated in the responsible unit and that is not separated or recovered for recycling, and whether that waste is managed in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats. 56Section 56 NR 544.08 (3) (c) is repealed. _Hlk143090690NR 544.08 (3) (f) A demonstration of that the amount of residual materials material resulting from the proposed alternative systems will not exceed the average residual amount that is generated from other materials recovery facilities of similar size or capacity. 58Section 58 NR 544.08 (3) (f) (Note) is created to read: NR 544.08 (3) (f) Note: Information on the average residual amount generated from materials recovery facilities 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.
59Section 59 NR 544.09 (1) (intro.) is amended to read: NR 544.09 (1) Approval of application. The department shall approve a responsible unit’s application as effective if all of the following are met:
60Section 60 NR 544.09 (1) (c) and (2) (c) are repealed. 61Section 61 NR 544.09 (2) (e) is created to read: NR 544.09 (2) (e) Failure to submit complete information under s. NR 544.08 (3) for alternative collection or processing systems, if applicable. 62Section 62 NR 544.10 (1), (2), (a) and (b) are amended to read: NR 544.10 Annual Program Report. (1) Report. A responsible unit with an approved effective recycling program shall submit a report to the department under this section by April 30 of each year documenting program activity for the prior calendar year. For all measurements, a responsible unit shall use sampling methods or measurements specified by the department. The report shall demonstrate to the satisfaction of the department that the recycling program meets the requirements of this chapter and any conditions of the approved program. Reports The report shall be submitted on forms a form supplied by the department.
(2) Contents of Report. The At a minimum, the report shall consist of all of the following:
(a) A statement indicating that the program is operating as initially approved is operating or, if there have been changes during the reporting year, a description of those changes.
(b) A statement that the recycling ordinance is still in effect and a report on and efforts to enforce that ordinance are still in effect.
63Section 63 NR 544.10 (2) (bm) is created to read: NR 544.10 (2) (bm) A statement that the compliance assurance plan is in effect to support the recycling ordinance.
64Section 64 NR 544.10 (2) (c) is amended to read: NR 544.10 (2) (c) A statement that the collection system for single family and 2 to 4 unit residences is operating, and, if there have been changes during the reporting year, a description of those changes.
65Section 65 NR 544.10 (2) (cm) is created to read: NR 544.10 (2) (cm) A statement that all materials specified under s. 287.07 (4), Stats., are collected from single family and 2 to 4 unit residences. 66Section 66 NR 544.10 (2) (d), (f), (h), (i) and (j) are amended to read: NR 544.10 (2) (d) The tonnage collected of each material listed in Table 1, except that a multiple-municipality responsible unit, with a combination of rural and other municipalities, may meet a prorated standard for each material for the entire responsible unit. If the tonnage collected does not meet the total standard for Table 1, the report shall include an explanation for the failure to meet that standard and a proposal for improving collection in the following year the materials specified under s. 287.07 (4), Stats. (f) A statement identifying how recyclables materials collected from single family and 2 to 4 unit residences are processed and marketed. Weight slips for marketed materials and copies of contracts shall be kept on file.
(h) A statement on opportunities for residents to reduce, reuse, or recycle those the materials specified in s. 287.07 (1m) and (2), under s. 287.07 (1m), (2), (4m), and (5) (a), Stats., including opportunities at private facilities accessible to the public. (i) A description of A statement that the provisions for the management of solid waste that is generated in the responsible unit’s region and that is not separated or recovered for recycling and whether that solid waste is managed in a manner consistent with the highest feasible solid waste management priority under s. 287.05 (12), Stats. (j) A description of A statement that efforts are ongoing to improve the effectiveness of the recycling program, including waste reduction and reuse initiatives and efforts to increase collection of recyclables recyclable materials.
67Section 67 NR 544.10 (2) (k) and (L) are created to read: NR 544.10 (2) (k) If the responsible unit received a grant under ch. NR 542 for the reporting year, a financial report. (L) A description of the public information and education program of the responsible unit during the reporting year.
68Section 68 NR 544.11 (2) (a), (b), and (c) are amended to read: NR 544.11 (2) (a) Modify or condition the responsible unit program approval issued under s. NR 544.09 (1) if the responsible unit has had minor problems in maintaining its effective recycling program in compliance with its program approval and the requirements of this chapter. (b) Place the program on probation for no more than one year if the department determines that the responsible unit has had significant problems in maintaining its effective recycling program in compliance with its program approval or the requirements of this chapter and if it appears that compliance may be achieved within one year. A responsible unit under probation shall comply with s. NR 544.12. (c) Terminate the program approval if the department determines that the responsible unit has had significant problems in maintaining its effective recycling program in compliance with its program approval or the requirements of this chapter and if it does not appear that compliance may be achieved within one year or for failure to satisfy the terms of its probationary approval issued under s. NR 544.09 (1) or take enforcement action under s. 287.91 or 287.95, Stats. 69Section 69 NR 544.11 (2) (d) is repealed. 70Section 70 NR 544.11 (2) (e) is created to read: NR 544.11 (2) (e) Withhold or request repayment of all or part of a grant payment to a responsible unit under this section and ss. NR 542.04 (2) and 542.13. 71Section 71 NR 544.12 (1) and (2) are amended to read: NR 544.12 Programs under probation. (1) A responsible unit that has been placed on probation under s. NR 544.11 (2) (b) has an effective recycling program for the purposes of ss. 287.07 (7) and 287.23, Stats. The probation period may not exceed one year. (2) A responsible unit that has been placed on probation under s. NR 544.11 (2) (b) shall may be required to submit a plan to the department describing the actions it intends to take to meet the requirements of this chapter. The department shall review this plan and may require conditions in its approval. A responsible unit’s recycling program The department shall be monitored by the department monitor a responsible unit’s recycling program to ensure compliance with the probationary plan. 72Section 72 NR 544.13 (2) is amended to read: NR 544.13 (2) It provides for curbside collection of the non-combustible materials listed in under sub. (1) in municipalities that have a population of 5,000 or with an aggregate population density of at least 70 persons per square mile greater than 5,000.
73Section 73 NR 544.14 (2) (intro.) and (a) are amended to read: NR 544.14 (2) Variances requested by the responsible unit. A responsible unit with an effective recycling program may request a variance for up to one year to the requirements in under s. 287.11 (2) (b) and (er), Stats., for a material identified in under s. 287.07 (3) or (4), Stats., that is generated in the responsible unit’s region. The department shall grant a variance if it determines the cost of selling processed material as defined in under s. 287.11 (2m) (a) 2., Stats., exceeds any at least one of the following: (a) Forty Ninety-eight dollars per ton of processed material, as annually periodically adjusted by the department to reflect changes in price levels due to inflation since 1989 2023.
74Section 74 NR 544.14 (2) (a) (Note) is created to read: 75Section 75 NR 544.14 (4) is amended to read: NR 544.14 (4) Exemptions. The department may grant exemptions from nonstatutory requirements of this chapter upon request of the responsible unit when the department determines that an exemption is needed to allow or encourage the management of solid waste in accordance with s. 287.05, Stats., and where when the exemption will be consistent with the intent of this chapter. Before granting an exemption, the department shall take into account factors such as good cause, or circumstances beyond the control of the responsible unit or out-of-state unit and financial hardship. When the circumstances for which the exemption was granted are no longer valid, the department shall rescind the exemption and revise the effective recycling program approval. 76Section 76 NR 544.16 (1) (a) and (b) are amended to read: NR 544.16 (1) (a) Operate and maintain the facility in a nuisance-free and environmentally sound manner in which litter, odors, and vectors are controlled.
_Hlk143249713(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. _Hlk150347796Section 77 NR 544.16 (1) (d), (Note), (e), and (f) are created to read: NR 544.16 (1) (d) Except for materials recovery facilities located outside of Wisconsin, 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. Cost of closure for a facility under this section shall be calculated using only s. NR 520.07 (2m) (a) 1. and 4. and information specified under s. NR 544.16 (3) (a) 21. and 22. A facility shall establish proof of financial responsibility by submitting a form provided by the department at the following times, as applicable: 1. Starting in 2027, prior to accepting materials from a responsible unit if the facility is a new materials recovery facility.
2. Starting in 2027, 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. By June 1, 2027, 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 materials that are reported on the self-certification report under sub. (4) as not 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.
_Hlk1423979222. If the facility’s percent of glass sent for recycling or reuse in a calendar year is less than 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:
