287.23(2)(b)
(b) Each year the department shall review the recycling programs of at least 5% of the recipients of grants in the previous year to ensure that programs and activities funded by grants under this section meet the requirements of this section.
287.23(3)(ae)(ae) Subject to
par. (am), a responsible unit is eligible for assistance under this section for a year after 2000 if the responsible unit has been determined under
s. 287.11 to have an effective recycling program.
287.23(3)(am)
(am) The department may withhold all or a portion of the assistance for a responsible unit for one year if the department determines any of the following:
287.23(3)(am)1.
1. That the responsible unit has not maintained an effective recycling program following approval of the recycling program under
s. 287.11.
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(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(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. (5b).
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. (5b).
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. (5b).
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)
(6) Disbursement. 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 Cross-reference
Cross-reference: See also ch.
NR 542, Wis. adm. code.
287.24
287.24
Recycling consolidation grants. 287.24(1)
(1) In this section, "population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under
s. 16.96.
287.24(2)
(2) The department shall make a grant from the appropriation account under
s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under
s. 287.11 to have an effective recycling program if any of the following applies:
287.24(2)(b)
(b) The responsible unit is a federally recognized Indian tribe or band.
287.24(2)(c)
(c) The responsible unit has a population of 25,000 or more and consists of one or more municipalities.
287.24(2)(d)
(d) The responsible unit is not eligible under
par. (a),
(b), or
(c) but one of the following applies:
287.24(2)(d)1.
1. By October 1 in the year preceding the year for which the grant is made, the responsible unit consists of what had been at least 2 responsible units.
287.24(2)(d)2.
2. By October 1 in the year preceding the year for which the grant is made, the responsible unit enters into a cooperative agreement with another responsible unit for the joint provision of at least one of the following elements of an effective recycling program:
287.24(2)(d)2.c.
c. Sorting recyclable materials at a materials recovery facility.
287.24(2)(d)2.d.
d. Developing and distributing educational materials relating to waste reduction, reuse, and recycling.
287.24(2)(d)2.e.
e. Carrying out a program of technical assistance to businesses and owners and occupants of multifamily dwellings to increase the availability and convenience of recycling.
287.24(3)
(3) Subject to
sub. (4), the department shall determine the amount of a grant to a responsible unit under this section as follows:
287.24(3)(a)
(a) Divide the amount available under
s. 20.370 (6) (bw) for the year by the total population of the responsible units eligible under
sub. (2).
287.24(3)(b)
(b) Multiply the amount determined under
par. (a) by the population of the responsible unit.
287.24 History
History: 2011 a. 32.
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(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 environmental fund under
s. 25.49 [
s. 25.46].
287.31 Note
Note: The correct cross-reference is shown in brackets. Corrective legislation is pending.
287.31 Cross-reference
Cross-reference: See also ch.
NR 546, Wis. adm. code.
