287.25(4)
(4) Demonstration grants; criteria. 287.25(4)(a)(a) The department shall develop by rule criteria for determining eligibility, for approving, for determining the amount of and for establishing priorities for distributing demonstration grants for innovative waste reduction and recycling activities. These criteria shall include:
287.25(4)(a)1.
1. The weight or equivalent volume of solid waste which is anticipated to be diverted from disposal at land disposal facilities through the implementation of waste reduction and recycling activities. This weight or equivalent volume shall not include solid waste diverted from waste reduction or recycling facilities or activities in existence or for which a feasibility report is submitted on or before the date of application for the demonstration grant.
287.25(4)(a)2.
2. The type or types of waste reduction and recycling activities to be implemented.
287.25(4)(a)3.
3. Consideration of existing waste reduction and recycling activities.
287.25(4)(a)4.
4. Consideration of existing and anticipated solid waste management needs.
287.25(4)(a)5.
5. The value of implementation of the waste reduction or recycling activity as a demonstration or experimental project.
287.25(4)(a)6.
6. Consideration of the implementation of innovative technologies in a waste reduction or recycling activity. No grant moneys may be awarded for costs of proven technologies, including, but not limited to, incinerator projects.
287.25(4)(a)7.
7. Consideration of the application or implementation of innovative technologies in a project which employs a proven technology in a waste reduction or recycling activity. Notwithstanding
subd. 6., a project which employs a proven technology may receive grant moneys for that portion of the project which implements innovative technologies and applications.
287.25(4)(b)
(b) The department shall develop by rule eligibility criteria for determining eligibility, for approving and for determining the amount of demonstration grants for community-wide waste reduction projects and for establishing priorities for distributing the grants.
287.25(4s)
(4s) Requests for proposals. The department may request proposals for a waste reduction and recycling activity or a community-wide waste reduction program eligible for funding under this section. Notwithstanding
sub. (4) (a) 6. and
7., the department may award a demonstration grant for a waste reduction and recycling project proposed in response to a request under this subsection that does not implement innovative technology. The amount awarded for demonstration grants under this subsection in a fiscal biennium may not exceed 50% of the total amount available for demonstration grants under this section in that fiscal biennium.
287.25(5)
(5) Demonstration grants; financial assistance. 287.25(5)(a)(a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under
s. 20.370 (6) (br).
287.25(5)(b)
(b) An eligible applicant for a demonstration grant may receive a grant based upon the weight or equivalent volume of solid waste anticipated to be diverted from disposal at land disposal facilities but a demonstration grant may not exceed 50% of the actual eligible costs of the innovative waste reduction or recycling activities or 75% of the actual eligible costs of the community-wide waste reduction project or $150,000, whichever is less. An applicant's required contribution for a demonstration grant may consist of funding or an in-kind contribution. The department may award up to 75% of the grant to the applicant upon approval. The department shall award the remainder of the grant only if the waste reduction and recycling activities are implemented and approved by the department. The department may not award grants under this section to any applicant that total more than $250,000.
287.25(6)
(6) Restrictions on beverage container deposit regulations. The department may not require a municipality to establish beverage container deposit regulations as a condition for receiving a grant under this section. The department may not consider the establishment of beverage container deposit regulations as a factor in issuing any grant under this section. The department may not institute beverage container deposit regulations by rule under this section.
287.25 History
History: 1983 a. 426;
1985 a. 29 s.
3202 (39);
1987 a. 27;
1989 a. 31;
1989 a. 335 ss.
69b to
71b,
73b,
73d,
73h,
73L,
73p,
74,
76; Stats. 1989 s. 159.25;
1989 a. 359;
1993 a. 16,
75,
245;
1995 a. 27;
1995 a. 227 s.
906; Stats. 1995 s. 287.25;
1997 a. 60,
252.
287.27
287.27
Materials recovered for reuse or recycling. 287.27(1)(1)
Definition. In this section, "materials recovery facility" means a facility where the materials specified in
sub. (4) (b) or
s. 287.07 (3) or
(4), not mixed with other solid waste, are processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process. "Materials recovery facility" does not include a facility operated by a pulp or paper mill which utilizes fiber or paper that has been separated from waste for use as a raw material in a commercial product.
287.27(2)
(2) Reports by materials recovery facilities. Annually, the owner or operator of a materials recovery facility shall report to the department the amount of each of the materials specified in
s. 287.07 (3) or
(4) and any other materials specified by the department under
sub. (4) (b) that the materials recovery facility receives and that were recovered from waste generated in this state.
287.27(3)
(3) Reports by trade associations. A trade association may submit a report to the department containing the information required under
sub. (2) in aggregate form for 2 or more materials recovery facilities that are affiliated with the trade association. A report under this subsection shall identify each materials recovery facility for which it is reporting. A materials recovery facility that is covered by a report under this subsection shall be considered to be in compliance with
sub. (2).
287.27(4)
(4) Rules. The department, by rule, may do any of the following:
287.27(4)(b)
(b) Specify additional materials that the owner or operator of a materials recovery facility must report under
sub. (2) or
(3).
287.27(4)(c)
(c) Exempt certain materials recovery facilities from all or a part of the reporting requirements of
subs. (2) and
(3) if the reports are not needed for the calculation of solid waste reuse or recycling rates under
s. 287.19 (1) (a) 2.
287.27 History
History: 1997 a. 60.
287.31
287.31
Newspaper recycling fee. 287.31(1)(a)
(a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed in this state, at daily, weekly or other short, periodic intervals, for the dissemination of current news and information of a general character and of a general interest to the public. "Newspaper" also includes any "shoppers guide", as defined in
s. 77.54 (15), that is printed on newsprint.
287.31(1)(b)
(b) "Recycled content" means the proportion of fiber in a newspaper that is derived from postconsumer waste.
287.31(2)
(2) Fee for not meeting target. Except as provided in
sub. (4) (a),
(am) or
(c), each publisher of a newspaper shall annually pay to the department a newspaper recycling fee.
287.31(3)(a)(a) Except as provided in
sub. (4) (b), the amount of the newspaper recycling fee imposed on a publisher under
sub. (2) for any year is 1% of the total cost of newsprint used to print the newspaper during the year multiplied by the recycling status specified in
par. (b).
287.31(3)(b)
(b) The recycling status is the target recycled content specified in
par. (c) minus the actual recycled content specified in
par. (d).
287.31(3)(c)
(c) The target recycled content is the following recycled content in the specified year:
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(4)(d)
(d) The secretary may exempt from the newspaper recycling fee imposed under
sub. (2) all publishers of newspapers that meet or exceed 30% recycled content for the year. The secretary may not grant an exemption under this paragraph to some publishers without also exempting every publisher who qualifies under this paragraph. This paragraph does not apply after December 31, 2000.
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;
1997 a. 274.
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.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.40 History
History: 1993 a. 75;
1995 a. 15,
27;
1995 a. 227 s.
909; Stats. 1995 s. 287.40;
1997 a. 27 s.
3620m.
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. The board shall focus its efforts on the reuse of materials recovered from solid waste as well as on the recycling of those materials.
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, awarding of financial assistance and other activities conform to the strategic plan.
287.41(4)
(4) The department of commerce shall use the strategic plan prepared and revised under this section to guide the activities of the board.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.41 History
History: 1995 a. 27 s.
9116 (5);
1995 a. 227 s.
910; Stats. 1995 s. 287.41;
1997 a. 27 ss.
3620m to
3621c.
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(3)
(3) Contract, whenever feasible, with other persons to accomplish the powers and duties of the board.
