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 for years before 2000. For years before 2000, the department shall award a grant under this subsection 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 under this subsection 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 1999 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(5b)
(5b) Grant award. The department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under
sub. (4) for expenses allowable under
sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:
287.23(5b)(a)
(a) Determine the total amount that would have been awarded under this section for 1999 if no grants had been reduced under
sub. (5p).
287.23(5b)(b)
(b) Determine the amount that each responsible unit received under this section for 1999 or the amount that the responsible unit would have received.
287.23(5b)(c)
(c) Award to a responsible unit the proportion of the total amount available for grants under this section that is equal to the proportion of the amount determined under
par. (a) that the responsible unit received, or would have received, for 1999 as determined under
par. (b).
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.
287.23(5m)
(5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under
sub. (5) or
(5e) exceeds the amount of funds available.
287.23(5p)(a)(a) If a responsible unit submits its application under
sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(b)
(b) If a responsible unit submits its application under
sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(c)
(c) If a responsible unit submits its application under
sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under
sub. (5) or
(5m).
287.23(5p)(d)
(d) If a responsible unit submits its application under
sub. (4) after October 30, the responsible unit is not eligible for the grant.
287.23(6)(a)(a) Except as provided in
par. (b), the department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.
287.23(6)(b)
(b) For grants for the year 2002, the department shall disburse a total of $19,500,000 no later than June 1, 2002, and a total of $5,000,000 after June 30, 2002, but no later than December 1, 2002.
287.23 Cross-reference
Cross Reference: See also ch.
NR 542, Wis. adm. code.
287.235
287.235
Recycling efficiency incentive grants. 287.235(1)
(1)
Eligibility. Beginning in fiscal year 2002-03 the department shall make a recycling efficiency incentive grant to a responsible unit.
287.235(2)
(2) Grant amount. A grant under this section plus a grant under
s. 287.23 may not exceed the allowable expenses under
s. 287.23 (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grants are made.
287.235 History
History: 2001 a. 16.
287.235 Cross-reference
Cross Reference: See also ch.
NR 549, Wis. adm. code.
287.25
287.25
Waste reduction and recycling demonstration grants. 287.25(1)(1)
Definitions. As used in this section:
287.25(1)(a)
(a) "Demonstration grant" means a waste reduction and recycling demonstration grant.
287.25(1)(b)
(b) "Development costs" means engineering, design, equipment, property and construction costs associated with the implementation of waste reduction and recycling activities.
287.25(1)(c)
(c) "Waste reduction and recycling activity" includes any project or incentive to reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste.
287.25(2)
(2) Department powers and duties. The department shall develop, implement and administer a demonstration grant program. The department shall develop evaluation criteria for reporting on and evaluating this program including the number of demonstration grants awarded, the extent to which the grant moneys are used as required under this section and the impact of activities financed with these grants on the amount of solid waste disposed of at land disposal facilities.
287.25(3)
(3) Demonstration grants; eligibility; applications. 287.25(3)(a)(a) A municipality, public entity, private business or nonprofit organization which meets eligibility requirements established by the department may apply for a demonstration grant for the purpose of implementing innovative waste reduction and recycling activities or a community-wide waste reduction project.
287.25(3)(b)
(b) An application for a demonstration grant shall contain the information, shall be in a form and shall be submitted in the manner required by the department.
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.
287.25 Cross-reference
Cross Reference: See also chs.
NR 186 and
548, Wis. adm. code.
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.
