287.17(8)(c)7.
7. A registered recycler shall prepare and maintain a written contingency plan for responding to releases of hazardous substances that complies with the requirements in
s. NR 664.0052, Wis. Adm. Code.
287.17(8)(c)8.
8. A registered recycler shall comply with any other operational requirement in rules promulgated under
par. (e).
287.17(8)(d)
(d)
Certification. As a condition of registration under
par. (a), a registered recycler shall submit to the department a certification that states that the registered recycler does all of the following:
287.17(8)(d)2.
2. Complies with federal, state, and local requirements concerning the storage, transportation, processing, and exporting of eligible electronic devices and materials derived from eligible electronic devices, including the requirements in
40 CFR 261.39 (a) (5) and 273.20 and requirements in rules promulgated under
s. 291.05.
287.17(8)(d)3.
3. Complies with federal requirements under
29 CFR 1910.120 concerning occupational and environmental health and safety training for employees.
287.17(8)(e)
(e)
Modifying or adding requirements by rule. The department shall review the requirements under
par. (c) 1. to
7. to determine whether it is necessary to modify or add to those requirements so that the requirements applicable to registered recyclers are at least equivalent to nationally recognized standards for recycling eligible electronic devices. If the department determines that it is necessary to modify or add to the requirements under
par. (c) 1. to
7., the department shall promulgate rules that modify or add to the requirements so that they are at least equivalent to nationally recognized standards for recycling eligible electronic devices. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.
287.17(9)
(9) Retailers. Beginning on July 1, 2010, a retailer who sells covered electronic devices for use by households or schools shall provide to purchasers information describing how eligible electronic devices can be collected and recycled and a description of the prohibitions in
s. 287.07 (5) (a). A retailer may satisfy this requirement by providing a toll-free number for receiving the information and a description of how to access the department's Internet site under
sub. (10) (a). A retailer who sells through a catalog may provide the information in the catalog. A retailer who sells through the Internet may provide the information on its Internet site.
287.17(9m)
(9m) Record keeping and inspection. A person subject to
sub. (3),
(7),
(8), or
(9) shall maintain records related to the program under this section and reports required under this section for at least 3 years. The department may inspect records of a person subject to
sub. (3),
(7),
(8), or
(9) that are related to the program under this section.
287.17(10)
(10) Powers and duties of the department. 287.17(10)(a)(a)
Internet site; manufacturers. The department shall maintain an Internet site on which the department lists the names of manufacturers who are registered under
sub. (3) and the names of the brands listed in the manufacturers' registrations. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration. The department shall include on the Internet site a statement that this section applies only to covered electronic devices sold for household or school use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices, computers, or printers for industrial, commercial, or other nonhousehold or nonschool uses. The department shall also include on the Internet site the contact information provided by manufacturers under
sub. (3) (a) 2.
287.17(10)(am)
(am)
Internet site; recyclers. The department shall maintain an Internet site on which the department lists the names of registered recyclers. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration.
287.17(10)(b)
(b)
Providing information. Except as provided in
par. (bm), the department shall make the information provided in registration statements and reports under
subs. (3),
(5),
(7), and
(8) available to manufacturers, retailers, and the public.
287.17(10)(bm)1.1. The department shall keep confidential any part of a record, report, or other information obtained in the administration of this section upon receiving an application for confidential status by any person containing a showing satisfactory to the department that the part of a record, report, or other information would, if made public, divulge a method or process that is entitled to protection as a trade secret, as defined in
s. 134.90 (1) (c), of that person.
287.17(10)(bm)2.
2. If the department refuses to release information on the grounds that it is confidential under
subd. 1. and anyone challenges that refusal, the department shall inform the person who submitted the application under
subd. 1. of that challenge. Unless that person authorizes the department to release the information, that person shall pay the reasonable costs incurred by this state to defend the refusal to release the information.
287.17(10)(bm)3.
3. Subdivision 1. does not prevent the disclosure of any information to a representative of the department for the purpose of administering this section or to an officer, employee, or authorized representative of the federal government for the purpose of administering federal law. When the department provides information that is confidential under
subd. 1. to the federal government, the department shall also provide a copy of the application for confidential status.
287.17(10)(c)1.1. The department shall annually review all of the following:
287.17(10)(c)1.a.
a. The number by which the weight of covered electronic devices sold is multiplied under
sub. (4) (d) 1. to determine target recycling weight.
287.17(10)(c)1.d.
d. The multiplier for the weight of eligible electronic devices collected from households or schools in rural counties under
sub. (4) (f).
287.17(10)(c)2.
2. If the department determines that any of the values under
subd. 1. a. to
d. should be changed in order to improve the effectiveness of the program under this section or to provide more recycling opportunities to rural areas of this state, the department shall report its recommendations for changes under
s. 13.172 (3) to the committee of each house of the legislature with jurisdiction over solid waste policy.
287.17(10)(cm)
(cm)
Report concerning sales information. The department shall evaluate the accuracy of the information provided by manufacturers under
sub. (5) (a) in 2010 and whether the weight of each manufacturer's covered electronic devices sold in this state should be based on national sales data obtained from 3rd parties. Before December 1, 2011, the department shall report the results of its evaluation to the legislature under
s. 13.172 (2) and to the governor.
287.17(10)(d)
(d)
Annual report. Before December 1 of each year, beginning in 2012, the department shall provide a report on the program under this section to the legislature under
s. 13.172 (2) and to the governor. The department shall include all of the following in the report:
287.17(10)(d)1.
1. The total weight of eligible electronic devices recycled.
287.17(10)(d)2.
2. A summary of the information provided by manufacturers and recyclers under
subs. (5) and
(8).
287.17(10)(d)3.
3. Information concerning the recycling programs used by manufacturers to recycle eligible electronic devices.
287.17(10)(d)4.
4. Information concerning the collection and recycling of eligible electronic devices by persons other than registered manufacturers, registered collectors, and registered recyclers.
287.17(10)(d)5.
5. Information about any disposal of eligible electronic devices in landfills and any burning of eligible electronic devices in solid waste treatment facilities in this state.
287.17(10)(d)6.
6. A description of any actions taken to enforce the requirements of this section.
287.17(10)(d)7.
7. Any recommendations to apply the requirements under
sub. (2) to additional kinds of devices.
287.17(10)(e)
(e)
Report concerning federal legislation. If a federal law relating to the collection and recycling of covered electronic devices sold in the United States is enacted, the department shall prepare a report describing the effect of the federal law and shall submit the report under
s. 13.172 (3) to the committee of each house of the legislature with jurisdiction over solid waste policy.
287.17(10)(f)1.1. The department shall promote public participation in the collection and recycling of eligible electronic devices by and on behalf of manufacturers through education and outreach activities. The department shall facilitate communications between local governments, persons operating solid waste collection and recycling centers, and manufacturers to ensure that manufacturers are aware of eligible electronic devices that are available for recycling.
287.17(10)(f)2.
2. The department shall assist recyclers to identify federal and state requirements concerning the storage, transportation, export, and processing of eligible electronic devices and materials derived from eligible electronic devices. The department shall assist collectors to identify health, environmental, safety, and financial responsibility requirements applicable to collectors.
287.17(10)(g)
(g)
Cooperation with other states. The department may cooperate with other states to effectuate the program under this section. The department may, with other states, operate a regional system for creating, trading, and selling credits for recycling eligible electronic devices.
287.17(10)(h)
(h)
Suspension and revocation. The department may revoke the registration of a manufacturer who violates
sub. (2) (a),
(3),
(4), or
(5). The department may suspend or revoke the registration of a collector or recycler who violates
sub. (7) or
(8).
287.17(10)(i)
(i)
Addition or exemption of eligible electronic devices. If the department determines that the disposal or burning of a kind of electronic device that is not listed in
sub. (1) (gs) in a solid waste facility may be harmful to human health or the environment, the department may promulgate a rule specifying that the kind of electronic device is an eligible electronic device, is subject to
s. 287.07 (5) (a), or both. If the department determines that the disposal or burning of a kind of electronic device that is listed in
sub. (1) (gs) or
s. 287.07 (5) (a) in a solid waste facility is not harmful to human health and is not harmful to the environment or if the department determines that it is not feasible to require the recycling of a kind of electronic device that is listed in
sub. (1) (gs) or
s. 287.07 (5) (a), the department may promulgate a rule specifying that the kind of electronic device is not an eligible electronic device, is not subject to
s. 287.07 (5) (a), or both. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.
287.17(10)(j)
(j)
Audits. The department may perform or contract for the performance of an audit of the activities of a registered collector or registered recycler. If the department performs or contracts for the performance of an audit of a collector or recycler during the first 3 years in which the collector or recycler is registered under
sub. (7) or
(8) (a), the collector or recycler shall pay 25 percent of the cost of the audit. If the department performs or contracts for the performance of an audit of a collector or recycler after the first 3 years in which the collector or recycler is registered, the collector or recycler shall pay 50 percent of the cost of the audit.
287.17(10)(k)
(k)
Modification of registration fee. The department may modify the registration fee under
sub. (4) (b) 1. by rule. The department may not promulgate a rule under this paragraph that takes effect before October 1, 2011.
287.17(11)(a)(a)
Manufacturer. Any manufacturer who violates this section may be required to forfeit not more than $10,000 for each violation.
287.17(11)(b)
(b)
Others. Any person, other than a manufacturer, who violates this section may be required to forfeit not more than $1,000 for each violation.
287.17 History
History: 2009 a. 50;
2011 a. 32,
258;
2011 a. 257 s.
56; s. 35.17 correction in (1) (m), (8) (c) 4., (8) (c) 6.
287.18
287.18
Lead acid battery collection. 287.18(1)(b)
(b) "Consumer" means a person who uses a battery.
287.18(1)(bm)
(bm) "Deposit" means an amount charged upon the sale of an item, whether as a separate charge or included in the original purchase price of the item, that is refunded when the item, or another item of the same kind, is relinquished to the person who sold the item. "Deposit" includes a core charge.
287.18(1)(c)
(c) "Retailer" means a person who sells batteries to consumers.
287.18(1m)(a)(a) The department shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface and type size. The notice shall include all of the following information:
287.18(1m)(a)1.
1. That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator.
287.18(1m)(a)3.
3. That state law requires retailers to accept used batteries in trade and in some other instances.
287.18(1m)(b)
(b) A retailer shall post the notice provided under
par. (a) in a place where it can be seen by consumers.
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 shall charge a deposit of $10 on the sale of an automotive type replacement battery, such as an automobile, truck, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, golf cart, tractor, lawn and garden equipment, or marine battery or other battery used to start an internal combustion engine. 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;
2013 a. 305.
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.
