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:
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. _Hlk1423981942. 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. 78Section 78 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) (10) 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.
_Hlk1424030445. 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.
79Section 79 NR 544.16 (3) (a) 9. is repealed. 80Section 80 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.
81Section 81 NR 544.16 (3) (a) 11. is repealed. 82Section 82 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.
83Section 83 NR 544.16 (3) (a) 13. is repealed. 84Section 84 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.
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.
