CR 23-065 Rule Text

The statement of scope for this rule, SS 022-22, was approved by the Governor on March 17, 2022, published in Register No. 795B on March 28, 2022, and approved by the Natural Resources Board on June 22, 2022. This rule was approved by the Governor on insert date.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 542.02 (Note), 542.03 (3), (9), (10) (a) to (c) and (13), 542.06 (1), (2) and (3), 542.07 (2) (h) and (i), 542.08, 542.10 (1) (b) 2. (Note), 542.12, 542.14 (1), 544.03 (2), (3) and (12m), 544.05 (1) (a) 2. and 4., 544.08 (3) (c), 544.09 (1) (c) and (2) (c), 544.11 (2) (d), 544.16 (3) (a) 9., 11., 13., 15., 16., 17., 18., 19., 20., (5) (a), (b), (c), (d), (e), (f), (g), Table 1 and (Note); to amend NR 500.03 (190), 502.07 (2f) and (7) (s), 542.01, 542.02, 542.03 (8) and (10), 542.05 (1) (intro.), (e) (intro.), (g), (j) 2., (2) (intro.), (b), (g) (intro.) and 1., 542.06 (intro.), 542.07 (1), (2) (intro.), (a) and (d) 1., 542.10 (1) (a) (intro.) and (2), 542.14 (3) and (5), 544.03 (6m), (8m), (13), (21), (22), (27m), (33), (38), (39), and (39g), 544.04 (7) and (9g), 544.05 (1) (intro.), (3) (a), (b) and (Note), 544.06 (1) (Note), (2) (a), (b) 1., 2., 3., (c) 1., 2. and (d), 544.07, 544.08 (2) (c), (d), (g), (j), (k) and (3) (f), 544.09 (1) (intro.), 544.10 (1), (2), (a), (b), (c), (d), (f), (h), (i) and (j), 544.11 (2) (a), (b) and (c), 544.12 (1) and (2), 544.13 (2), 544.14 (2) (intro.), (a) and (4), 544.16 (1) (a), (b), (2) (a), (b), (3) (title), (a) (intro.), 1., 3., 4., 5., 6., 7., 8., 10., 12., 14., (4) (a), (b), (c), (d), (5) (intro.), (6), (8) (intro.), (c) and (d); to repeal and recreate NR 502.05 (3) (g), 502.06 (4) (er), 502.08 (2) (b), 542.04, 542.09, 542.13, 544.04 (1), 544.05 (1) (b) and (c); and to create NR 500.03 (107m), (198m) and (238m), 502.05 (3) (j) 8., 502.06 (4) (ew) and (i), 502.07 (7) (t), 542.03 (5m) and (8m), 542.05 (2) (i), 544.02 (3), 544.05 (1) (d), 544.06 (2) (b) 1. a., b., c., 544.08 (3) (f) (Note), 544.09 (2) (e), 544.10 (2) (bm), (cm), (k) and (L), 544.11 (2) (e), 544.14 (2) (a) (Note), 544.16 (1) (d), (Note), (e), (f), (3) (a) 21., 22., 23., (4) (bg), (br), (e), (f), (g), (h), (i), (9) and (10) relating to statewide materials recycling and effective recycling programs and affecting small business.

WA-13-21

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Sections 287.03 and 289.06 (1), Stats.

2. Statutory Authority: Sections 227.11 (a) (intro.), 287.03, and 289.06 (1), Stats.

3. Explanation of Agency Authority: Section 227.11 (a) (intro.), Stats., provides that a state agency “may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute,” subject to certain restrictions.

Section 287.03, Stats., directs the department to promulgate rules necessary to implement ch. 287, Stats., related to solid waste reduction, recovery, and recycling.

Section 289.06 (1), Stats., directs the department to promulgate rules implementing and consistent with ch. 289, Stats., related to solid waste facilities.

4. Related Statutes or Rules: Section 287.05 (intro.) and (1), Stats., state “The following are declared to be policies of the state concerning the reduction of the amount of solid waste generated, the reuse, recycling and composting of solid waste and resource recovery from solid waste:

(1) That maximum solid waste reduction, reuse, recycling, composting and resource recovery is in the best interest of the state in order to protect public health, to protect the quality of the natural environment and to conserve resources and energy.”

Chapter NR 520, Wis. Adm. Code, includes criteria and methods for providing proof of owner financial responsibility for closure of a solid waste facility.

5. Plain Language Analysis:

The solid waste reduction, recovery and recycling law was enacted in 1990 (1989 WI Act 335) to promote the development of waste management structures and encourage reduction, reuse and recycling of Wisconsin’s solid waste. The law bans disposal and incineration of certain materials and delegates responsibility to local government responsible units for implementing municipal recycling programs to manage the banned materials. The provisions of 1989 WI Act 335 are found at ch. 287, Stats. In 1993, the department promulgated administrative rules necessary to implement ch. 287, Stats., under ch. NR 544, Wis. Adm. Code.

The general objectives of this proposed rule are to correct, clarify, and update effective recycling program criteria throughout ch. NR 544, Wis. Adm. Code, as well as amend sections of other code chapters related to waste reduction, recovery, and recycling efforts. This rule also makes updates to definitions; changes to storage, collection and transportation, or processing requirements for recyclable materials; minor modifications or corrections to code based on previous statutory changes; and updates to recycling grants authorized under statutes.

NR 500 – General Solid Waste Management Requirements

— Adds or clarifies definitions of “incidental,” “recyclable materials,” “responsible unit” and “transferring of solid waste.”

— Clarifies that glass used as an aggregate replacement is for “clean container” glass.

NR 502 – Solid Waste Facilities (Non-landfill)

— Clarifies definitions of a materials recovery facility and exempt recycling transfer station.

— Requires noncontainerized storage facilities and recycling transfer facilities to keep recyclable materials separate from solid waste and maintain the cleanliness of the materials for recycling purposes.

— Prohibits outdoor transfer of unbaled paper, plastic or other easily airborne material unless contained to prevent litter.

— Requires containers used for the collection of recyclable materials to be clearly labeled.

— Requires collection and transportation service providers that haul recyclables to provide residential recycling tonnage data to responsible units (local governments) by February 1 each year. Data shall include the name of the materials recovery facility(ies) used to process the materials and also be provided to the department upon request.

—Requires collection and transportation service providers to also notify responsible units when a new materials recovery facility is used.

NR 542 – Recycling Grants to Responsible Units

—Adds or clarifies definitions of “multiple-family dwelling,” “prevailing market rate,” “recyclable materials” and “recycling program costs.” Deletes definitions no longer used in the chapter.

— Deletes language referring to pre-2000 recycling grant eligibility and clarifies that eligible responsible units are those with effective recycling programs.

— Clarifies eligible and ineligible grant expenses.

— Deletes grant distribution language, which is no longer applicable.

— Corrects the grant application deadline to coincide with statute.

— Deletes grant assistance condition, grant payment, and dispute resolution language that is no longer applicable or needed in code.

— Specifies that grant payments shall be made by no later than June 1 of the year the grant is made.

— Replaces termination of awards section with repayment of awards (as the effect of a termination of a grant award is its repayment).

NR 544 – Effective Recycling Programs

— Adds materials recovery facilities to the Applicability section. Clarifies definitions of “designated agent,” “floodplain,” “multiple-family dwelling,” “non-residential facilities and properties,” “office paper,” “plastic container,” “recyclable materials,” “rural municipality,” “single commodity materials recovery facility,” and “single-stream collection.” Deletes definitions no longer used in the chapter.

— Specifies that education provided by responsible units under an effective recycling program must be reviewed for accuracy and distributed annually and include information on electronics recycling, batteries, and food waste and composting information.

— Clarifies that responsible units may provide for the collection of tires by providing information on where and how to recycle them.

—Deletes the prohibition on compaction of glass containers with newspaper.

— Deletes the requirement for responsible units to meet a specified pounds per person collection standard and its associated numeric values in Table 1.

— Specifies that a recycling collection system for urban municipalities (those with a population greater than 5,000) shall be curbside at least monthly or a drop-off used by at least 80% of residents documented by drop-off site monitoring records. If the minimum of monthly curbside is provided (versus the more common method of every other week pick-up), access to a drop-off site for recyclables must also be provided.

—Specifies that a recycling collection system for rural municipalities (those with a population of 5,000 or less) shall provide an adequately sized drop-off site for recyclables, open at least two days a month for five hours a day. Alternatively, a rural municipality may opt to provide curbside collection at least monthly (like an urban municipality). If the minimum of monthly curbside is provided (versus the more common method of every other week pick-up) access to a drop-off site for recyclables, for example in another municipality or at a private location, must also be provided.

— Clarifies that any municipality may opt to direct individual residents to contract directly for collection of recyclable materials to meet the requirements outlined for a collection system.