287.11(2)(dm)
(dm) Beginning in January 1, 2000, 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.
Effective date note
Note: Par. (i) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, 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.
Effective date note
Note: Par. (b) is repealed and par. (a) is renumbered sub. (2e) and amended, all eff. 10-1-99, by
1997 Wis. Act 27 to read:
Effective date text
(2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.
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:
Effective date note
Note: Par. (b) (intro.) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(b) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable 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 or out-of-state 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.
Effective date note
Note: Par. (c) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable 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' or out-of-state 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).
Effective date note
Note: Par. (c) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(c) The department may grant a responsible unit or an out-of-state unit an exception to an applicable 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;
1997 a. 27,
60.
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.
Effective date note
Note: This section is repealed eff. 10-1-99 by
1997 Wis. Act 27.
287.12 History
History: 1989 a. 335;
1995 a. 227 s.
895; Stats. 1995 s. 287.12;
1997 a. 27.
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.
287.13(1)(f)
(f) "Local unit of government" includes a county, city, village, town, school district, county utility district, sanitary district or metropolitan sewerage district.
287.13(1)(g)
(g) "Person" includes individuals, partnerships, associations, limited liability companies, corporations and local units of government.
287.13(1)(h)
(h) "Recycling" means the transfer, transporting, processing, marketing and conversion of solid wastes into usable materials or products and includes the stockpiling and disposal of nonusable portions of solid wastes, but does not include the collection of solid wastes.
287.13(1)(i)
(i) "Sewage or industrial waste sludge" means the residue material resulting from the treatment of sewage or industrial waste water.
287.13(2)
(2) Required use; implementation procedure. A municipality may require any local unit of government, occupant of a single-family or multifamily residence, retail business, commercial business or industry to use a facility for the recycling of solid waste or for the recovery of resources from solid waste generated within the limits of the municipality which is not exempt under
sub. (5) if:
287.13(2)(a)
(a) The municipality adopts an initial intent resolution.
287.13(2)(b)
(b) The municipality prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department.
287.13(2)(c)
(c) The municipality determines that required usage of the facility is in the best public interest.
287.13(2)(d)
(d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and
chs. 281,
285 and
289 to
299 and all necessary permits, licenses and approvals required by the department are obtained.
287.13(2)(e)
(e) The municipality adopts a valid solid waste flow control ordinance and issues a required use order.
287.13(3)
(3) Required use; joint implementation procedure. Two or more municipalities may enter into an agreement 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 municipalities which enter into this type of agreement may require any local unit of government, occupant of a single-family or multifamily residence, retail business, commercial business or industry to use a facility for the recycling of solid waste or for the recovery of resources from solid waste generated within the limits of those municipalities which is not exempt under
sub. (5) if:
287.13(3)(a)
(a) Each of the municipalities adopts an initial intent resolution.
287.13(3)(b)
(b) The municipality which is responsible for the facility prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department.
287.13(3)(c)
(c) Each of the municipalities determines that the required use is in the best public interest.
287.13(3)(d)
(d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and
chs. 281,
285 and
289 to
299 and all necessary permits, licenses and approvals required by the department are obtained.
287.13(3)(e)
(e) Each of the municipalities adopts a valid solid waste flow control ordinance and issues a required use order.
287.13(4)
(4) Required use; conflicts between municipalities. 287.13(4)(a)(a) Conflicts in nonpopulous counties. If one municipality has a valid initial intent resolution, no other municipality may adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the first municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict. This paragraph is not applicable to a county with a population of 500,000 or more or to any municipality in this type of county.
287.13(4)(b)1.1. If a city, a village or a town which is a municipality in a county with a population of 500,000 or more has a valid initial intent resolution, the county may not adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the city, a village or a town which is a municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict.
287.13(4)(b)2.
2. An initial intent resolution for a county with a population of 500,000 or more is not valid for a city, a village or a town which is a municipality in that county if the city, a village or a town which is a municipality adopts a resolution of refusal to participate in a county waste flow control program within 6 weeks after the county initial intent resolution is adopted and if the city, a village or a town which is a municipality adopts an initial intent resolution of its own within 3 months after the county initial intent resolution is adopted.
287.13(5)
(5) Exemption for certain solid wastes. A municipality may not require the use of a facility for:
287.13(5)(a)
(a) Solid waste produced by a retail business, commercial business or industry which is privately processed and reused.
287.13(5)(b)
(b) Solid waste consisting of scrap, new material or used material which is separated from other waste for sale, reuse or recycling.
287.13(5)(c)
(c) Solid waste from a single-family dwelling which is disposed of on or held for disposal on land surrounding the dwelling by a person who owns or leases and occupies the dwelling and owns or leases the surrounding land.
287.13(5)(d)
(d) Solid waste which is sewage or industrial waste sludge.
287.13(5)(e)
(e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under
s. 289.01 (3), owned by the generator and designed and constructed for the purpose of accepting that type of solid waste.
287.13(5)(f)
(f) Solid waste received and processed by a recycling or resource recovery facility which exists on January 1, 1984, or for which a feasibility report, a permit application or other application is submitted to the department on or before January 1, 1984.
287.13(5)(g)
(g) Solid waste generated within a town if the town voluntarily has entered into an agreement or contract with a city or village for the recycling or the recovery of resources from these wastes and if the city or village has adopted a waste flow control ordinance or if the facility operated by the city or village may receive waste under
par. (f).
