287.07(7)(b)1.b.
b. "Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under
s. 285.60 or
289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in
par. (c) 1. cr.
287.07(7)(b)2.
2. A prohibition in
sub. (3) (b),
(c),
(e),
(f),
(g),
(h) or
(j) or
(4) (b),
(c),
(f),
(g),
(h) or
(i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.
287.07(7)(b)3.
3. The prohibitions in
subs. (3) and
(4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.
287.07(7)(bg)
(bg) The prohibitions in
subs. (1m) to
(4) do not apply to a person who burns solid waste at a facility that uses solid waste as a supplemental fuel if less than 30% of heat input to the facility is derived from the solid waste burned as supplemental fuel.
287.07(7)(c)1.a.
a. "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, optometric or veterinary care and treatment.
287.07(7)(c)1.c.
c. "Infectious waste" means solid waste that contains pathogens with sufficient virulence and in sufficient quantity that exposure of a susceptible human or animal to the solid waste could cause the human or animal to contract an infectious disease.
287.07(7)(c)1.cg.
cg. "Medical waste" means containers, packages and materials identified under
sub. (3) or
(4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
287.07(7)(c)1.cr.
cr. "Medical waste incinerator" means a solid waste treatment facility that primarily burns infectious waste and other waste that contains or may be mixed with infectious waste.
287.07(7)(c)1.e.
e. "Treatment area" means a room or area in a hospital or clinic the primary use of which is to provide emergency care, diagnosis or radiological treatment; an obstetrics delivery room in a hospital, other than a patient's room; or a room or area in a hospital, clinic or nursing home, identified by the department by rule, in which infectious waste is generated.
287.07(7)(c)2.
2. The prohibitions in
subs. (3) and
(4) do not apply with respect to any of the following:
287.07(7)(c)2.a.
a. The burning of medical waste in a medical waste incinerator or other incinerator approved by the department to accept and burn medical waste, except as provided in
subd. 3.
287.07(7)(c)2.b.
b. The disposal of, in a solid waste disposal facility, a container, package or material identified under
sub. (3) or
(4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under
ch. 289, to render the infectious waste noninfectious.
287.07(7)(c)3.
3. A person may not burn medical waste at a medical waste incinerator unless the person complies with
s. 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under
sub. (8) (a) and the annual assessment under
sub. (8) (b).
287.07(7)(d)
(d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in
sub. (3) or
(4) for up to one year for a material identified in
sub. (3) or
(4) in the event of an unexpected emergency condition.
287.07(7)(e)
(e) The department may grant a waiver to the prohibition in
sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under
chs. 281,
285 and
289 to
299 under conditions established by the department relating to the feasibility of complying with the prohibition in
sub. (2).
287.07(7)(f)
(f) The prohibitions in
subs. (2) and
(3) do not apply to 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.
287.07(7)(g)1.1. Except as provided in
subd. 2., the department may grant a waiver or conditional waiver to a restriction in
sub. (3) or
(4) if all of the following apply:
287.07(7)(g)1.a.
a. The applicant shows to the satisfaction of the department that the recyclable material has been contaminated and cannot feasibly be cleaned for recycling.
287.07(7)(g)1.b.
b. The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under
s. 287.05.
287.07(7)(g)2.
2. The department may not grant a waiver or a conditional waiver under
subd. 1. for material that has been intentionally or negligently contaminated.
287.07(7)(h)1.1. The department may grant a waiver or conditional waiver to a restriction under
sub. (3) (c) or
(h) or
(4) (c) or
(i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:
287.07(7)(h)1.a.
a. Recycling of the material is not feasible or practical in light of current markets or available technologies.
287.07(7)(h)1.b.
b. Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under
s. 287.05.
287.07(7)(h)2.
2. A waiver or conditional waiver under this paragraph shall continue in effect until one year after the department determines that a condition under
subd. 1. a. or
b. is no longer met.
287.07(8)
(8) Medical waste source reduction policy. 287.07(8)(a)(a) A generator of medical waste that sends waste to a medical waste incinerator shall develop policies concerning reduction of medical waste, as defined in
sub. (7) (c) 1. cg., including all of the following:
287.07(8)(a)2.
2. Alternatives, including sterilization, to the use of disposable equipment.
287.07(8)(a)3.
3. An annual assessment of the medical waste source reduction policy.
287.07(8)(b)
(b) The generator shall submit the source reduction policy and the annual assessment to the operator of the medical waste incinerator.
287.07(8)(c)
(c) The operator of the medical waste incinerator shall retain a copy of the source reduction policy and the annual assessment and provide it to the department upon request. The department may analyze and disseminate the information that it obtains under this paragraph.
287.07(8)(d)
(d) The department may charge a fee for the analysis of a source reduction policy and assessment.
287.07 Note
Note: The 7th circuit court of appeals in National Solid Waste Management Assn. v. Meyer, 165 F 3d 1151 (1999), held unconstitutional the requirement that out-of-state waste may not be disposed of in this state unless the originating community enacts an ordinance in compliance with Wisconsin's recycling program.
287.07 Cross-reference
Cross Reference: See also chs.
NR 526 and
544, Wis. adm. code.
287.08
287.08
Yard waste bags. After December 31, 1990, no person may discharge, deposit, inject, dump or place in a solid waste facility that is for solid waste treatment or for solid waste storage yard waste that is in a bag unless the bag is constructed of a material that decomposes within a reasonable time after exposure to weather elements and is labeled as being so constructed.
287.08 History
History: 1989 a. 335;
1995 a. 227 s.
890; Stats. 1995 s. 287.08.
287.09
287.09
Municipal and county duties and powers. 287.09(1)(1)
Designation of responsible units. 287.09(1)(a)(a) Except as provided in
pars. (b) to
(d), each municipality is a responsible unit.
287.09(1)(b)
(b) A county board of supervisors may adopt a resolution designating the county a responsible unit. Except as provided in
pars. (c) and
(d), a county that has adopted such a resolution is the responsible unit for the entire county.
287.09(1)(c)
(c) Within 90 days after the county board of supervisors adopts a resolution under
par. (b), the governing body of a municipality that is located in part or in whole in the county may adopt a resolution retaining the municipality's status as a responsible unit.
287.09(1)(d)
(d) The governing body of a responsible unit designated under
par. (a),
(b) or
(c) may by contract under
s. 66.0301 designate another unit of government, including a federally recognized Indian tribe or band in this state, or a solid waste management system created under
s. 59.70 (2) to be the responsible unit in lieu of the responsible unit designated under
par. (a),
(b) or
(c). The contract shall cover all functions required under
sub. (2), including provisions for financing and enforcing the recycling or other solid waste management program.
287.09(1)(e)
(e) The governing body of a county that adopts a resolution under
par. (b) or enters into a contract under
par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of each municipality in the county, within 30 days after adoption of the resolution or the signing of the contract. The governing body of a municipality that adopts a resolution under
par. (c) or enters into a contract under
par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of the county in which the municipality is located, within 30 days after adoption of the resolution or the signing of the contract.
287.09(2)
(2) Duties. Each responsible unit shall do all of the following:
287.09(2)(a)
(a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with
s. 287.07 (1m) to
(4) and the priorities under
s. 287.05 (12).
287.09(2)(b)
(b) Submit to the department by January 1, 1993, a report setting forth how the responsible unit intends to implement its program under
par. (a), as it relates to the requirements of
s. 287.07 (3) and
(4). The report shall specify all of the following:
287.09(2)(b)1.
1. Whether the responsible unit or another person designated under
sub. (3) (a) will implement each component of the program under
par. (a).
287.09(2)(b)2.
2. The procedures or processes that the responsible unit intends to use to separate, collect, store, process and market solid waste or components of solid waste and to educate the public on the program.
287.09(2)(b)2m.
2m. The procedures or processes that the responsible unit intends to use to manage solid waste that is not separated for recovery or recycling, consistent with the priorities under
s. 287.05 (12).
287.09(2)(c)
(c) Provide information requested by the department on the status of the implementation of the program under
par. (a).
287.09(3)
(3) Powers. A responsible unit may do any of the following:
287.09(3)(a)
(a) Designate one or more other persons to implement specific components of the program under
sub. (2) (a), if the designated person consents to the designation.
287.09(3)(b)
(b) Adopt an ordinance to enforce the program established under
sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under
par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in
s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in
s. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in
s. 287.13 (1) (d), only as provided under
s. 287.13.
287.09 Annotation
Section 59.07 (135) (L) [now 59.70 (2) (L)] authorizes counties that are "responsible units of government" under s. 159.01 to levy taxes for capital and operating expenses incurred in the operation of the county's recycling program only upon local governments that are not "responsible units of government." Counties may levy taxes for both operating and capital expenses incurred in connection with any other form of solid waste management activity only on local governments participating in that activity.
80 Atty. Gen. 312.
287.093
287.093
Lien of recycling fees. 287.093(1)(a)1.
1. Any special assessment or special charge levied under any authority by a responsible unit for the purpose of complying with
s. 287.09 (2).
287.093(1)(a)2.
2. Any charge made under any authority by any person acting under a contract with a responsible unit to provide a service required under
s. 287.09 (2).
287.093(2)
(2) Any recycling fee which remains unpaid is a lien on the property against which it is levied or made on behalf of the responsible unit or person charging the recycling fee, from the date of the charge, to the same extent as a lien for a tax levied upon real property. Any unpaid recycling fee shall be certified to the taxation district in which the property is located, placed on the tax roll and collected as delinquent real property taxes are collected.
287.093(3)
(3) The treasurer of the taxation district shall disburse to the proper responsible unit or person all collections of unpaid recycling fees which were placed upon the tax roll under
sub. (2).
287.093(4)
(4) Subsections (1) to
(3) do not authorize a responsible unit to impose a restriction, tax or fee on packaging for a purpose relating to the disposal of the packaging.
287.093 History
History: 1989 a. 335;
1991 a. 39;
1995 a. 227;
1999 a. 150 s.
538; Stats. 1999 s. 287.093.
287.095
287.095
Responsible unit liability. 287.095(1)
(1)
Definition. In this section, "responsible unit official" means any officer, official, agent or employee of a responsible unit engaged in the planning, management, operation or approval of a recycling program or recycling site or facility.
287.095(2)
(2) Exemption from liability. No responsible unit official is liable for civil damages as a result of good faith actions taken by the responsible unit official within the scope of duties relating to the responsible unit's recycling program or recycling site or facility.
287.095 History
History: 1989 a. 335;
1995 a. 227 s.
892; Stats. 1995 s. 287.095.
287.10
287.10
Limit on local regulation. No responsible unit that accepts funds under
s. 287.23 or county or municipality located within such a responsible unit may impose a restriction, except one that is consistent with this chapter or
ch. 100, or a tax or fee on the sale or distribution of packaging for a purpose relating to the disposal of the packaging.
287.10 History
History: 1989 a. 335;
1995 a. 227 s.
893; Stats. 1995 s. 287.10.
287.11
287.11
Effective recycling programs. 287.11(1)
(1)
Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under
s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation.
287.11(2)
(2) Effective program criteria for responsible units. A responsible unit's solid waste management program is an effective recycling program if it includes all of the following:
287.11(2)(a)
(a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in
s. 287.07 (3) and
(4).
287.11(2)(b)
(b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region separate the materials identified in
s. 287.07 (3) and
(4) from postconsumer waste generated in the region.
287.11(2)(c)
(c) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following:
287.11(2)(c)1.
1. Provide adequate, separate containers for the program established under
par. (b).
287.11(2)(c)2.
2. Notify tenants at the time of renting or leasing the dwelling and semiannually thereafter of the programs under this paragraph and
par. (b).
287.11(2)(c)3.
3. Provide for the collection of recyclable materials separated from solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.
