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.
287.42(3m)
(3m) Contract with, and provide sufficient funding for, an existing materials exchange program to operate a statewide materials exchange program until December 31, 1999.
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) and other materials that the board determines create opportunities to recycle and reduce the amount of materials deposited in landfills, as defined in
s. 289.01 (20), based on the board's analysis of current and future markets for materials recovered from solid waste. The list shall give priority to materials specified in
s. 287.07 (3) that will support community recycling efforts.
287.42(6)
(6) Biennially, submit a report to the legislature under
s. 13.172 (2) on recycling market development priorities.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.42 History
History: 1993 a. 75;
1995 a. 15,
27;
1995 a. 227 s.
911; Stats. 1995 s. 287.42;
1997 a. 27 ss.
3620m,
3622 to
3623;
1997 a. 243.
287.44
287.44
Powers of the board. The board may do any of the following:
287.44(2)
(2) Award funding for 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) Award funding for 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.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.44 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
912; Stats. 1995 s. 287.44;
1997 a. 27 ss.
3620m,
3624 to
3626.
287.46
287.46
Financial assistance. 287.46(1)
(1) The board may award 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 awarded by the board, and by a recipient of financial assistance awarded by 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 be repaid to the department of commerce. The department of commerce shall credit any funds received under this subsection to the appropriation account under
s. 20.143 (1) (L).
287.46(4)(a)(a) From the appropriations under
s. 20.143 (1) (L) and
(tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to
par. (b), from the appropriation under
s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under
s. 287.42 (3).
287.46(4)(b)
(b) In any biennium, the department of commerce 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.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.46 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
913; Stats. 195 s. 287.46;
1997 a. 27 ss.
3620m,
3627 to
3630.
287.48
287.48
Executive director for the board. The secretary of commerce shall appoint an executive director of the board outside of the classified service, to serve at the pleasure of the secretary of commerce.
Effective date note
Note: This section is repealed eff. 6-30-01 by
1997 Wis. Act 27.
287.48 History
History: 1993 a. 75;
1995 a. 27;
1995 a. 227 s.
914; Stats. 1995 s. 287.48;
1997 a. 27 ss.
3620m,
3631d.
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.
287.81 History
History: 1989 a. 335;
1991 a. 19;
1995 a. 227 s.
917; Stats. 1995 s. 287.81.
ENFORCEMENT AND PENALTIES
287.91
287.91
Enforcement; duty of department of justice; expenses. 287.91(1)(1) The attorney general shall enforce this chapter except for
ss. 287.07,
287.08 and
287.81 and all rules promulgated under this chapter except under those sections.
287.91(3)
(3) The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or related rules by injunctive and other relief appropriate for enforcement.
