287.08 History
History: 1989 a. 335;
1995 a. 227 s.
890; Stats. 1995 s. 287.08.
287.09
287.09
Municipal and county duties and powers. 287.09(1)(1)
Designation of responsible units. 287.09(1)(a)(a) Except as provided in
pars. (b) to
(d), each municipality is a responsible unit.
287.09(1)(b)
(b) A county board of supervisors may adopt a resolution designating the county a responsible unit. Except as provided in
pars. (c) and
(d), a county that has adopted such a resolution is the responsible unit for the entire county.
287.09(1)(c)
(c) Within 90 days after the county board of supervisors adopts a resolution under
par. (b), the governing body of a municipality that is located in part or in whole in the county may adopt a resolution retaining the municipality's status as a responsible unit.
287.09(1)(d)
(d) The governing body of a responsible unit designated under
par. (a),
(b) or
(c) may by contract under
s. 66.30 designate another unit of government, including a federally recognized Indian tribe or band in this state, or a solid waste management system created under
s. 59.70 (2) to be the responsible unit in lieu of the responsible unit designated under
par. (a),
(b) or
(c). The contract shall cover all functions required under
sub. (2), including provisions for financing and enforcing the recycling or other solid waste management program.
287.09(1)(e)
(e) The governing body of a county that adopts a resolution under
par. (b) or enters into a contract under
par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of each municipality in the county, within 30 days after adoption of the resolution or the signing of the contract. The governing body of a municipality that adopts a resolution under
par. (c) or enters into a contract under
par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of the county in which the municipality is located, within 30 days after adoption of the resolution or the signing of the contract.
287.09(2)
(2) Duties. Each responsible unit shall do all of the following:
287.09(2)(a)
(a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with
s. 287.07 (1m) to
(4) and the priorities under
s. 287.05 (12).
287.09(2)(b)
(b) Submit to the department by January 1, 1993, a report setting forth how the responsible unit intends to implement its program under
par. (a), as it relates to the requirements of
s. 287.07 (3) and
(4). The report shall specify all of the following:
287.09(2)(b)1.
1. Whether the responsible unit or another person designated under
sub. (3) (a) will implement each component of the program under
par. (a).
287.09(2)(b)2.
2. The procedures or processes that the responsible unit intends to use to separate, collect, store, process and market solid waste or components of solid waste and to educate the public on the program.
287.09(2)(b)2m.
2m. The procedures or processes that the responsible unit intends to use to manage solid waste that is not separated for recovery or recycling, consistent with the priorities under
s. 287.05 (12).
287.09(2)(c)
(c) Provide information requested by the department on the status of the implementation of the program under
par. (a).
287.09(3)
(3) Powers. A responsible unit may do any of the following:
287.09(3)(a)
(a) Designate one or more other persons to implement specific components of the program under
sub. (2) (a), if the designated person consents to the designation.
287.09(3)(b)
(b) Adopt an ordinance to enforce the program established under
sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under
par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for a nonhousehold pesticide, as defined in
s. 94.68 (3) (a) 2., is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in
s. 287.13 (1) (d), only as provided under
s. 287.13.
287.09 History
History: 1989 a. 335,
359;
1993 a. 116,
406;
1995 a. 201;
1995 a. 227 s.
891; Stats. 1995 s. 287.09.
287.09 Annotation
Section 59.07 (135) (L) [now 59.70 (2) (L)] authorizes counties which are "responsible units of government" under 159.01 to levy taxes for capital and operating expenses incurred in the operation of the county's recycling program only upon local governments which are not "responsible units of government". Counties may levy taxes for both operating and capital expenses incurred in connection with any other form of solid waste management activity only on local governments participating in that activity.
80 Atty. Gen. 312.
287.095
287.095
Responsible unit liability. 287.095(1)
(1)
Definition. In this section, "responsible unit official" means any officer, official, agent or employe of a responsible unit engaged in the planning, management, operation or approval of a recycling program or recycling site or facility.
287.095(2)
(2) Exemption from liability. No responsible unit official is liable for civil damages as a result of good faith actions taken by the responsible unit official within the scope of duties relating to the responsible unit's recycling program or recycling site or facility.
287.095 History
History: 1989 a. 335;
1995 a. 227 s.
892; Stats. 1995 s. 287.095.
287.10
287.10
Limit on local regulation. No responsible unit that accepts funds under
s. 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or
ch. 100, or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.
287.10 History
History: 1989 a. 335;
1995 a. 227 s.
893; Stats. 1995 s. 287.10.
287.11
287.11
Effective recycling programs. 287.11(1)
(1)
Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under
s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.
287.11(2)
(2) Effective program criteria for responsible units. A responsible unit's solid waste management program is an effective recycling program if it includes all of the following:
287.11(2)(a)
(a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in
s. 287.07 (3) and
(4).
287.11(2)(b)
(b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in
s. 287.07 (3) and
(4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.
287.11(2)(c)
(c) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in
s. 287.07 (3) and
(4) from that postconsumer waste:
287.11(2)(c)1.
1. Provide adequate, separate containers for the program established under
par. (b).
287.11(2)(c)2.
2. Notify tenants at the time of renting or leasing the dwelling and semiannually thereafter of the programs under this paragraph and
par. (b).
287.11(2)(c)3.
3. Provide for the collection of recyclable materials separated from solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.
287.11(2)(d)
(d) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in
s. 287.07 (3) and
(4) from that postconsumer waste:
287.11(2)(d)1.
1. Provide adequate, separate containers for the program established under
par. (b).
287.11(2)(d)2.
2. Regularly notify all users and occupants of the facilities of the programs under this paragraph and
par. (b).
287.11(2)(d)3.
3. Provide for the collection of recyclable materials separated from solid waste by the users and occupants and the delivery of the recyclable materials to a recycling facility.
287.11(2)(dm)
(dm) Beginning in 1997, a system of volume-based solid waste fees to generate revenue equal to the responsible unit's costs for solid waste management other than those reimbursed by the state. This criterion does not apply to any responsible unit that separates for recycling at least 25% by volume or by weight of the solid waste collected within the region by the responsible unit or by any person under contract with the responsible unit. This criterion does not apply to a responsible unit that provides solid waste to an operating solid waste treatment facility, as defined in
s. 287.07 (7) (b) 1. b., under a contract that was in effect on January 1, 1993.
287.11(2)(e)
(e) A system for collecting from single-family residences in the region any materials separated pursuant to
par. (b).
287.11(2)(em)
(em) A system for the processing and marketing of recyclable materials collected by the responsible unit or by municipalities located in the responsible unit.
287.11(2)(er)
(er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under
s. 287.07 (3) and
(4) that is separated for recycling as part of the program.
287.11(2)(ew)
(ew) Provisions for the management of postconsumer waste that is not separated for recycling or recovery under
par. (b) consistent with the highest feasible priority under
s. 287.05 (12).
287.11(2)(f)
(f) Other provisions established by the department by rule.
287.11(2)(h)
(h) The equipment or means necessary to implement
pars. (a),
(b),
(e),
(em) and
(g), including contracts for service, staff, supplies and equipment from vendors.
287.11(2)(i)
(i) A reasonable effort, through the implementation of
pars. (a) to
(h), to reduce to the maximum extent feasible the amount, by weight, of each material specified in
s. 287.07 (3) and
(4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.
287.11(2e)
(2e) Effective program criteria for out-of-state units. 287.11(2e)(a)(a) An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under
sub. (2).
287.11(2e)(b)
(b) The department shall promulgate rules for the determination of comparability under
par. (a). The rules shall require the comparison of an out-of-state unit to a similarly situated responsible unit. The rules shall require comparability in at least the following respects:
287.11(2e)(b)1.
1. The level of governmental financing for the solid waste management program.
287.11(2m)(a)1.
1. "Cost of disposing of processed material" means the gross cost of transferring processed material to a solid waste disposal facility and disposing of the processed material in the facility, including any disposal costs not paid through fees charged by the facility.
287.11(2m)(a)2.
2. "Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer or manufacturing facility, less the portion of any state financial assistance received under
s. 287.23 or
287.25 attributable to the processed material.
287.11(2m)(a)3.
3. "Processed material" means a component of solid waste that has been collected, transported to a waste processing facility and prepared for sale to a broker, dealer or manufacturer.
287.11(2m)(b)
(b) The department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to the requirements in
sub. (2) (b) and
(er) for up to one year for a material identified in
s. 287.07 (3) or
(4) that is generated in the responsible unit's region if the department determines that the cost of selling processed material exceeds any of the following:
287.11(2m)(b)1.
1. Forty dollars per ton of processed material, as annually adjusted by the department to reflect changes in price levels due to inflation since 1989.
287.11(2m)(c)
(c) The department may on its own initiative grant, to one or more responsible units that have been determined to have effective recycling programs under this section, a variance to the requirements in
sub. (2) (b) and
(er) for up to one year for a material identified in
s. 287.07 (3) or
(4) that is generated in the responsible units' regions if the department determines that the cost of selling processed material exceeds the amount under
par. (b) 1. or
2.
287.11(2p)
(2p) Materials excepted from prohibitions on land disposal and incineration. 287.11(2p)(c)
(c) The department may grant a responsible unit an exception to a requirement in
sub. (2) (b) or
(er) for up to one year for a material that is subject to an exception under
s. 287.07 (7) (d).
287.11(2p)(d)
(d) A responsible unit may not prohibit the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under
s. 289.30.
287.11(2p)(e)
(e) A responsible unit may not prohibit the disposal in a solid waste disposal facility or the burning in a solid waste treatment facility of any material for which the department has granted a waiver or conditional waiver under
s. 287.07 (7) (g).
287.11(2s)(a)(a) The department shall notify the department of agriculture, trade and consumer protection whenever variances granted under
sub. (2m) (b) for a plastic container, foam polystyrene packaging or any type of packaging that contains carbonated or malt beverages are in effect for responsible units representing 25% or more of the state's population.
287.11(2s)(b)
(b) The department shall notify the department of agriculture, trade and consumer protection if, within 2 years after providing notification under
par. (a) for a packaging material, the condition under
par. (a) no longer exists for that packaging material.
287.11(3)
(3) List. The department shall prepare and periodically update a list of responsible units and out-of-state units that have an effective recycling program.
287.11 History
History: 1989 a. 335,
359;
1993 a. 245,
345;
1995 a. 142;
1995 a. 227 s.
894; Stats. 1995 s. 287.11.
287.12
287.12
Out-of-state effective siting programs. 287.12(1)(a)
(a) "Municipal solid waste treatment facility" means a solid waste facility designed primarily to burn or convert into fuel solid waste collected from residential or commercial sources that is owned or operated by a municipality or county or a private entity that offers incineration or conversion services to the public, a county or a municipality.
287.12(1)(b)
(b) "Municipal waste landfill" means a solid waste disposal facility that is not one of the following:
287.12(1)(b)1.
1. A solid waste disposal facility designed exclusively for the disposal of waste generated by a pulp mill, paper mill, foundry, prospecting or mining operation, electric or process steam generating facility or demolition activity.
287.12(2)
(2) Department review. Upon the request of an out-of-state unit, the department shall review documentation of the solid waste management program of the state in which the out-of-state unit is located to determine whether that state has an effective program for siting municipal solid waste treatment facilities and municipal waste landfills.
287.12(3)
(3) Effective siting program. The state in which an out-of-state unit is located has an effective program for siting municipal solid waste treatment facilities and municipal waste landfills if the combined capacity added within the previous 4 years by the construction of new or the expansion of existing municipal solid waste treatment facilities and municipal waste landfills in that state exceeded the amount of solid waste generated in the state during those years, excluding high-volume industrial waste, as defined in
s. 289.01 (17), prospecting or mining waste and demolition waste.
287.12 History
History: 1989 a. 335;
1995 a. 227 s.
895; Stats. 1995 s. 287.12.
287.13
287.13
Municipal waste flow control; required use of recycling or resource recovery facility. 287.13(1)(b)
(b) "Collection" means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to a facility for transfer, processing or disposal.
287.13(1)(d)
(d) "Facilities for the recycling of solid waste or for the recovery of resources from solid waste" means facilities the primary use of which is to convert or recycle solid waste into usable materials, products or energy or to incinerate solid waste for energy recovery.
287.13(1)(e)
(e) "Municipality" means a county, a city, a village or a town if the town has a population of 10,000 or more. Notwithstanding the fact that the population of a town is less than 10,000, if the town enters into an agreement with a city or village concerning the establishment of a facility for the recycling of solid waste or for the recovery of resources from solid waste and concerning the required use of that facility, the town shall be considered a municipality except the town may not be the municipality responsible for a facility.
