287.31(3)(d)
(d) The actual recycled content is the average of the recycled content of all newsprint used by that publisher to print the publisher's newspaper during the year.
287.31(4)(a)(a) The newspaper recycling fee imposed under
sub. (2) does not apply to the publisher of a newspaper that meets or exceeds the target recycled content specified in
sub. (3) (c).
287.31(4)(am)
(am) The newspaper recycling fee imposed under
sub. (2) does not apply to the publisher of a newspaper if the publisher is unable to obtain recycled newsprint in sufficient quantity, has attempted to obtain recycled newsprint from every producer of recycled newsprint that offered to sell recycled newsprint to the publisher within the preceding 12 months, and submits to the department documentation of its attempts including the name and address of each producer of recycled newsprint that the publisher contacted and the name and telephone number of the contact person at each of the producers.
287.31(4)(b)1.1. The department shall reduce the newspaper recycling fee imposed on a publisher if it determines that the publisher purchased newsprint under a contract signed on or before July 1, 1989, and all of the following apply:
287.31(4)(b)1.a.
a. The contract requires the publisher to accept and pay for newsprint having a recycled content less than the target recycled content specified in
sub. (3) (c).
287.31(4)(b)1.b.
b. The contract does not contain language releasing the publisher from the obligation to purchase and pay for the newsprint upon the enactment of laws by this state relating to taxation or recycling of newsprint.
287.31(4)(b)2.
2. The department shall calculate the reduced fee under this paragraph as follows:
287.31(4)(b)2.a.
a. Subtract the amount of newsprint described in
subd. 1. used by the publisher during the year from the total amount of newsprint used by the publisher during the year.
287.31(4)(b)2.b.
b. Divide the amount of newsprint determined under
subd. 2. a. by the total amount of newsprint used by the publisher during the year.
287.31(4)(b)2.c.
c. Multiply the amount determined under
subd. 2. b. by the amount of the newspaper recycling fee calculated under
sub. (3).
287.31(4)(c)
(c) Subsection (3) does not apply to the publisher of a newspaper that has a circulation of less than 20,000 if the department determines, based on a review of a written request by the publisher, that compliance with the target recycled content requirements in
sub. (3) (c) would create a financial hardship for the publisher. The department shall promulgate rules for making determinations of financial hardship under this paragraph.
287.31(5)
(5) Collection. The department shall specify by rule the form and manner for payment of the newspaper recycling fee.
287.31(6)
(6) Use of revenues. The newspaper recycling fees collected under
sub. (5) shall be deposited in the recycling fund under
s. 25.49.
287.31 History
History: 1989 a. 335;
1991 a. 39;
1995 a. 227 s.
904; Stats. 1995 s. 287.31.
RECYCLING MARKET DEVELOPMENT
287.40
287.40
Definitions. In this subchapter:
287.40(1)
(1) "Board" means the recycling market development board.
287.40(2)
(2) "Business entity" means any organization or enterprise operated for profit or that is nonprofit and nongovernmental, including a proprietorship, partnership, business trust, joint venture, syndicate, corporation or association.
287.40(3)
(3) "Recovered material" means a material specified by the board under
s. 287.42 (5) that is recovered from solid waste for recycling.
287.40(4)
(4) "Waste generator" means a person who generates solid waste that contains a material specified by the board under
s. 287.42 (5) or a responsible unit.
287.40 History
History: 1993 a. 75;
1995 a. 15,
27;
1995 a. 227 s.
909; Stats. 1995 s. 287.40.
287.41(1)(1) The board shall prepare a strategic plan to guide the development and implementation of the board's powers and duties. The board shall consult with the department of natural resources, the department of commerce, the University of Wisconsin-Extension and other interested persons in the development of the plan. The plan shall include all of the following components:
287.41(1)(a)
(a) Identification of priority recovered materials that will be the focus of market development efforts by the board.
287.41(1)(b)
(b) For each priority recovered material identified under
par. (a), identification of one or more appropriate, measurable goals for the board's market development efforts and identification of the technical and financial assistance and research, demonstration, education, marketing and policy development necessary to achieve the goal.
287.41(2)
(2) The board shall review the strategic plan at least annually and shall revise the plan as it determines is appropriate.
287.41(3)
(3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under
s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, financial assistance and other activities conform to the strategic plan.
287.41 History
History: 1995 a. 27 s.
9116 (5);
1995 a. 227 s.
910; Stats. 1995 s. 287.41.
287.42
287.42
Duties of the board. The board shall do all of the following:
287.42(1)
(1) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by waste generators to do all of the following:
287.42(1)(a)
(a) Maximize the marketability of these recovered materials on a statewide basis.
287.42(1)(c)
(c) In furtherance of the efforts of responsible units under
s. 287.11 (2) (i), minimize the amounts of these recovered materials disposed of in landfills or burned without energy recovery in incinerators.
287.42(2)
(2) Encourage cooperation among responsible units and other appropriate persons, in furtherance of the duty specified in
sub. (1), to:
287.42(2)(a)
(a) Develop solutions to product and technical problems.
287.42(2)(d)
(d) Improve the quality of recovered materials.
287.42(2)(e)
(e) Address other common problems faced by waste generators in marketing these recovered materials.
287.42(2e)
(2e) Educate waste generators on their role and responsibility in the development of markets for recovered materials and the marketing of recovered materials, in cooperation with business entities, and on the value of cooperative marketing and market development efforts among waste generators.
287.42(2m)
(2m) Provide information about the board's activities to waste generators; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support to those business entities; and the general public.
287.42(2s)
(2s) Contract with the University of Wisconsin-Extension for administrative staff services, including support in recruiting program staff.
287.42(3)
(3) Contract, whenever feasible, with other persons to accomplish the powers and duties of the board.
287.42(5)
(5) In consultation with the council on recycling, annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in
s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.
287.42(6)
(6) Biennially, submit a report to the legislature under
s. 13.172 (2) on recycling market development priorities.
287.42 History
History: 1993 a. 75;
1995 a. 15,
27;
1995 a. 227 s.
911; Stats. 1995 s. 287.42.
287.44
287.44
Powers of the board. The board may do any of the following:
287.44(2)
(2) Fund research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.
287.44(3)
(3) Fund research to improve the recovery, processing or distribution of a recovered material.
287.44(4)
(4) In cooperation with the University of Wisconsin-Extension, establish appropriate technical assistance and educational programs for waste generators; governmental entities; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.
287.44(5)
(5) As appropriate and necessary, charge fees for its services.
287.44 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
912; Stats. 1995 s. 287.44.
287.46
287.46
Financial assistance. 287.46(1)
(1) The board may provide financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided by the board, and by a recipient of financial assistance from the board, may include grants, loans and manufacturing rebates.
287.46(2)
(2) If the board determines that financial assistance is required to stimulate an activity that it determines is needed to assist responsible units in the marketing of recovered materials or to develop markets for recovered materials, the board shall request proposals for that activity, unless the board determines that a request for proposals is not an effective means for distributing the financial assistance for that activity.
287.46(3)
(3) If the board awards assistance under
sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under
s. 20.285 (1) (L).
Effective date note
Note: Sub. (3) is amended eff. 7-1-97, or on the day after publication of the 1997-99 biennial budget act, whichever is later, by
1995 Wis. Act 27 to read:
Effective date text
(3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.143 (1) (L).
287.46(4)
(4) In any biennium, the board may not expend more than 10% of the amount appropriated under
s. 20.285 (1) (t) for that biennium for contracts with and financial assistance to responsible units and other local units of government.
Effective date note
Note: Sub. (4) is amended eff. 7-1-97, or on the day after publication of the 1997-99 biennial budget act, whichever is later, by
1995 Wis. Act 27 to read:
Effective date text
(4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.
287.46 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
913; Stats. 195 s. 287.46.
287.48
287.48
Executive director for the board. The governor shall nominate, and with the advice and consent of the senate appoint, an executive director of the board outside of the classified service, to serve at the pleasure of the governor.
287.48 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
914; Stats. 1995 s. 287.48.
287.49
287.49
Study of future of board. The University of Wisconsin-Extension shall conduct a study of the feasibility and desirability of transferring the powers and duties of the board to a business entity. The University of Wisconsin-Extension shall consult with the department of natural resources, the department of commerce, the board and other interested parties in conducting the study. The University of Wisconsin-Extension shall, no later than October 1, 1996, submit a report on the results of the study to the governor, and to the legislature under
s. 13.172 (2). If the report concludes that the board should continue to exist and that its powers and duties should not be transferred to a business entity, the report shall recommend to which agency the board should be attached.
287.49 History
History: 1995 a. 27 ss.
4432t,
9116 (5);
1995 a. 227 s.
915; Stats. 1995 s. 287.49.
LITTERING
287.81(1)(a)
(a) "Aircraft" means any structure invented, used or designed for navigation or flight in the air.
287.81(2)
(2) Except as provided in
sub. (3), a person who does any of the following may be required to forfeit not more than $500:
287.81(2)(a)
(a) Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property.
287.81(2)(b)
(b) Permits any solid waste to be thrown from a vehicle operated by the person.
287.81(2)(c)
(c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.
287.81(2)(d)
(d) Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under
49 CFR Part 831 authorizes its removal, whichever is latest.
287.81(3)(a)(a) Subsection (2) (a) does not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.
287.81(3)(b)
(b) Subsection (2) does not apply to a person who deposits or discharges solid waste in conformance with
chs. 30,
31,
281 to
285 or
289 to
299 or a permit, license or other approval issued by the department under those chapters.
