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.
287.23(3)(am)
(am) The department may withhold all or a portion of the assistance for a responsible unit for one year if the department determines any of the following:
287.23(3)(am)1.
1. That the responsible unit has not maintained an effective recycling program following approval of the recycling program under
s. 287.11.
287.23(3)(am)2.
2. That the responsible unit spent funds received under this section on activities not eligible for assistance under
par. (b).
287.23(3)(b)
(b) Only expenses, including capital expenses, anticipated to be incurred for planning, constructing or operating a recycling program with one or more of the components specified in
s. 287.11 (2) (a) to
(h) and for complying with the prohibition under
s. 287.07 (2) during the year for which an application is submitted under
sub. (4) are eligible for assistance under the program.
287.23(3)(d)
(d) A responsible unit or its designee may not use assistance under this section to pay at retail at a collection facility any amount for a recyclable material in excess of the prevailing market rate.
287.23(3)(e)
(e) No expenses related to the purchase of plastic containers for the collection of recyclable materials are eligible for assistance under the program unless the recycled content of the plastic containers is at least 25% by weight.
287.23(4)
(4) Application. A responsible unit that seeks assistance under the program shall submit an application to the department. To qualify for a full grant, the responsible unit must submit the application no later than October 1 in the year preceding the year for which the assistance is sought. For the purpose of this subsection and
sub. (5p), if an application is postmarked, it is considered to be submitted on the date that it is postmarked. An application shall include all of the following:
287.23(4)(b)
(b) Documentation that the assistance, when combined with future anticipated assistance, will result in the responsible unit doing one of the following:
287.23(4)(b)1.
1. Making continued progress in creating an effective recycling program under
s. 287.11 by January 1, 1995.
287.23(4)(b)2.
2. Maintaining an effective recycling program following approval of the recycling program under
s. 287.11.
287.23(4)(c)
(c) If the responsible unit received a grant under this section or
1989 Wisconsin Act 335, section 85 (5) for the grant period preceding the grant period for which the application is being made, a financial report on the activities that have been or are likely to be funded by the grant in that preceding grant period, including a statement of whether any portion of that grant was or is likely to be spent on activities not related to the requirements of this subchapter and, if so, how much of the grant was or is likely to be spent on those activities.
287.23(4)(d)
(d) Beginning with the application submitted for 1993, information on financial incentives that the responsible unit is using or plans to use to encourage reduction of the amount of solid waste generated or disposed of in the region.
287.23(4)(e)
(e) Information concerning user fees used or proposed to be used to finance costs of the recycling program and, if no user fees are used, an explanation of why they are not used.
287.23(5)
(5) Grant award. The department shall award a grant to each eligible responsible unit that submits a complete grant application under
sub. (4) for expenses allowable under
sub. (3) (b). Except as provided under
sub. (5m) or
(5p), the amount of the grant shall be determined as follows:
287.23(5)(a)
(a) For a county that is the responsible unit for at least 75% of the population of the county, $100,000 or the amount determined under
par. (c), whichever is greater.
287.23(5)(b)
(b) Beginning with grants for 1996, for a unit of government other than a county that is the responsible unit for at least 75% of the population of a county, $100,000 or the amount determined under
par. (c), whichever is greater.
287.23(5)(c)2.2. Except as provided in
subd. 5. or
sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.
287.23(5)(c)5.
5. If the amount calculated under
subd. 2. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.
287.23(5e)
(5e) Proration. If available funds are insufficient, under
sub. (5) (c) 2., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in
sub. (5) (c) 2. were $6 receives $6 times its population and shall prorate the remaining funds.
