287.15(4)(b)
(b)
Compliance with solid and hazardous waste regulations. Except as provided under
par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil.
287.15(4)(c)
(c)
Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of
chs. 289 and
291 and rules promulgated under these chapters. When issuing the license under
s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under
s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil.
287.15(5)
(5) Waste oil recycling. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of
chs. 289 and
291 and rules promulgated under those chapters with respect to that facility.
287.15(6)(a)(a)
Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel "RE-REFINED OIL" and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency.
287.15(6)(b)
(b)
Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel "RECLAIMED OIL" and unless the container complies with the labeling standards established by the federal trade commission and environmental protection agency.
287.15(7)
(7) State contracts; use of re-refined oil. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil.
287.15(8)
(8) Promotion of recycled oil. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment.
287.15 History
History: 1979 c. 221;
1981 c. 374 s.
148;
1987 a. 384;
1989 a. 335 s.
51; Stats. 1989 s. 159.15;
1995 a. 227 s.
897; Stats. 1995 s. 287.15.
287.18
287.18
Lead acid battery collection. 287.18(1)(b)
(b) "Consumer" means a person who uses a battery.
287.18(1)(c)
(c) "Retailer" means a person who sells batteries to consumers.
287.18(1m)(a)(a) The department shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface and type size. The notice shall include all of the following information:
287.18(1m)(a)1.
1. That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator.
287.18(1m)(a)3.
3. That state law requires retailers to accept used batteries in trade and in some other instances.
287.18(1m)(b)
(b) A retailer shall post the notice provided under
par. (a) in a place where it can be seen by consumers.
287.18(2)(a)(a) A retailer who sells a battery to a consumer and installs the battery shall accept the used battery unless the consumer refuses to relinquish the used battery.
287.18(2)(b)
(b) If the consumer refuses to relinquish the used battery under
par. (a), the retailer shall comply with
sub. (3).
287.18(3)(a)(a) If a retailer sells a battery to a consumer without installing the battery or if
sub. (2) (b) applies, the retailer shall do all of the following:
287.18(3)(a)3.
3. Subject to
par. (b), accept the consumer's used battery in trade for a new battery without charge or time limit, during normal business hours, at any business location owned or operated by the retailer.
287.18(3)(b)
(b) A retailer accepting a used battery in trade under
par. (a) 3. may require the consumer to provide proof that the consumer purchased a battery from the retailer.
287.18(4)(a)(a) Except as provided in
par. (b), if a person delivers to a retailer a used battery to which
sub. (3) (a) 3. does not apply, the retailer shall accept the used battery. A retailer may charge up to $3 for each battery delivered under this paragraph.
287.18(4)(b)
(b) A retailer is not required to accept more than 2 batteries delivered under this subsection by a person on one day.
287.18(5)
(5) Deposit. A retailer may charge a deposit of not more than $5 on the sale of a battery. The retailer shall refund the deposit if the consumer delivers the battery to the retailer under
sub. (3) (a) 3.
287.18 History
History: 1989 a. 335;
1991 a. 32;
1995 a. 227 s.
899; Stats. 1995 s. 287.18.
287.185
287.185
Disposal of mercuric oxide batteries. 287.185(1)(c)
(c) "Waste mercuric oxide battery" means a mercuric oxide battery that is no longer suitable for its original purpose due to use, wear, damage or defect.
287.185(2)
(2) Beginning on July 1, 1994, no person, except for a person operating a collection site identified under
s. 100.27 (5) (a), may treat, store or dispose of a waste mercuric oxide battery, other than a mercuric oxide button cell battery, except by sending it to a collection site identified under
s. 100.27 (5) (a).
287.185(3)
(3) A person operating a collection site identified under
s. 100.27 (5) (a) shall recycle or have recycled all collected waste mercuric oxide batteries unless no reasonable alternative exists.
287.185 History
History: 1993 a. 74;
1995 a. 227 s.
900; Stats. 1995 s. 287.185.
287.19
287.19
Statewide technical assistance. 287.19(1)
(1)
Duties. The department shall provide assistance to individuals, groups, businesses, state agencies, counties and municipalities in all aspects of recycling consistent with this subchapter, and whenever practical shall be provided with an emphasis on documents and material easy to read and understand by the general public. This assistance may be provided through programs established under
s. 287.21 and shall include all of the following:
287.19(1)(a)1.1. Providing information on how to conduct a survey of the composition of solid waste and, as appropriate, conducting one or more surveys.
287.19(1)(a)2.
2. Maintaining current estimates of the amount of components of solid waste specified in
s. 287.07 generated by categories of businesses, industries, municipalities and other governmental entities and of the amount of material that is recovered from solid waste for reuse or recycling.
287.19(1)(a)3.
3. Providing solid waste generators with information on how to manage solid waste consistent with
s. 287.05 (12).
287.19(1)(b)1.
1. Identifying appropriate qualifications of program coordinators and staff.
287.19(1)(b)2.
2. Preparing sample ordinances, procedural handbooks and contracts.
287.19(1)(b)3.
3. Identifying sources of information regarding the creation and operation of a municipal or county program.
287.19(1)(b)4.
4. Providing advice, upon the request of a municipality or county, on implementing the municipality's or county's solid waste management plan.
287.19(2)
(2) Powers. In providing assistance under
sub. (1), the department may provide assistance relating to the marketing of materials recovered from solid waste, if the provision of that assistance is a responsibility assigned to the department in a memorandum of understanding, contract or other agreement with the recycling market development board.
287.19 History
History: 1989 a. 335;
1993 a. 75;
1995 a. 227 s.
901; Stats. 1995 s. 287.19;
1997 a. 60.
287.21
287.21
Statewide education program. The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under
ss. 287.01 to
287.31, enhance municipal and county solid waste management programs under
s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in
s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:
287.21(1)
(1) Municipal, county and state officials and employes.
287.21(2)
(2) Kindergarten through graduate students and teachers.
287.21(3)
(3) Private solid waste scrap brokers, dealers and processors.
287.21(4)
(4) Businesses that use or could use recycled materials or that produce or could produce products from recycled materials and persons who provide support services to those businesses.
287.21 History
History: 1989 a. 335;
1995 a. 227 s.
902; Stats. 1995 s. 287.21.
287.215
287.215
Yard waste publicity. The department shall conduct activities to make the public aware of the need to cease disposing of yard waste in solid waste disposal facilities.
287.215 History
History: 1989 a. 31;
1991 a. 32 s.
79; Stats. 1989 s. 159.215;
1995 a. 227 s.
903; Stats. 1995 s. 287.215.
287.22
287.22
Council on recycling. 287.22(1)
(1)
Definition. In this section, "council" means the council on recycling.
287.22(2)
(2) Duties. The council shall do all of the following:
287.22(2)(a)
(a) Promote the efficient and prompt implementation of state programs related to solid waste reduction, recovery and recycling.
287.22(2)(b)
(b) Advise and assist state agencies and authorities and county and municipal officials in the coordination of programs and the exchange of information related to solid waste reduction, recovery and recycling. This assistance, whenever practical, shall be provided with an emphasis on documents and material easy to read and understand by the general public.
287.22(2)(d)
(d) Advise the department and the university of Wisconsin system concerning educational efforts and research related to solid waste reduction, recovery and recycling.
287.22(2)(g)
(g) Develop recommendations and cooperate with the packaging industry concerning establishing and implementing standards for recyclable packaging.
287.22(2)(gm)
(gm) Develop recommendations, advise and assist county and municipal officials and the automotive service industry to promote the recycling of oil filters used in motor vehicles and other machinery.
287.22(2)(h)
(h) Advise the department concerning the development of a statewide plan for public service announcements that would provide information about recycling programs and the benefits of recycling through radio and television announcements produced in this state's production facilities and designate a liaison with television and radio stations to try to secure the broadcast of the public service announcements.
287.22(2m)
(2m) Status reports. The council may request a status report from any state agency or authority implementing a solid waste reduction, recovery or recycling program.
287.22(3)
(3) Subcommittees. The council may create subcommittees to assist in its work. Subcommittee members may include members of the council, state employes and representatives of counties and municipalities and others.
287.22(4)
(4) Assistance. State agencies shall assist the council in fulfilling its duties to the fullest extent possible.
287.22 History
History: 1989 a. 335;
1993 a. 75;
1995 a. 227 s.
904; Stats. 1995 s. 287.22;
1997 a. 243.
287.23
287.23
Financial assistance for responsible units. 287.23(1)(ar)
(ar) "Avoided disposal cost" means the amount of the cost of disposing of solid waste that a responsible unit avoids as a result of operating a solid waste management program with one or more of the components specified in
s. 287.11 (2) (a) to
(h) during the year for which an application is submitted under
sub. (4).
287.23(1)(c)
(c) "Population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under
s. 16.96.
287.23(1)(d)
(d) "Prevailing market rate" means a reasonable estimate of the price for a recyclable material that will be paid by a collection facility serving the area within the boundaries of a responsible unit during the year for which an application for assistance is submitted.
287.23(1m)
(1m) Financial assistance after the year 2000. The department shall submit a proposal to the legislature that if enacted will carry out the intent of the legislature that this state continue at least through the year 2004 its practice of providing state financial assistance to municipalities, counties, other units of government, including federally recognized Indian tribes and bands in this state, and solid waste management systems for expenses relating to programs for the recycling of postconsumer waste.
287.23(2)
(2) Department powers and duties. The department shall develop, implement and administer a program to provide financial assistance to responsible units. The department shall develop criteria for reporting on and evaluating the program. Each year the department shall audit at least 5% of the recipients of grants in the previous year to ensure that programs and activities funded by grants under this section meet the requirements of this section.
287.23(3)(a)(a) Subject to
par. (am), the following responsible units are eligible for assistance under the program:
287.23(3)(a)1.
1. For assistance in 1992 to 1994, any responsible unit.
287.23(3)(a)2.
2. For assistance in 1995 to 2000, a responsible unit that has been determined under
s. 287.11 to have an effective recycling program.