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.d.d. The multiplier for the weight of eligible electronic devices collected from households or covered 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. b. 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 program year prior to the transition year, and before June 1 of each program year beginning with the transition year, 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)(fm)(fm) Rural electronics recycling grants. The department shall create and administer a program to provide grants from the appropriation under s. 20.370 (4) (hr), if sufficient program revenue is available, to expand electronics recycling and recovery programs in underserved areas of the state. Grants under this paragraph may be provided to local units of government, tribal governing bodies, businesses, and nonprofit entities, including religious nonprofit entities, for the purpose of hosting a collection site or collection event or series of collection sites or collection events. Grants provided under this paragraph may be used to rent space or acquire materials necessary to host the collection site or collection event, advertise for the site or event, cover staff expenses for the site or event, including administrative costs, provide for the transportation of collected devices to a registered recycler, and cover other expenses allowed by the department. A recipient of a grant under this paragraph shall provide matching funds equal to at least 20 percent of the cost of the project for which the grant is provided. The department shall award grants under this paragraph in the following order of priority: 287.17(10)(fm)1.1. Projects that will take place in a county that has no permanent collection site registered under sub. (7) (a) and did not have a collection event registered under sub. (7) (a) during the previous program year. 287.17(10)(fm)2.2. Projects that will take place in a county that has no permanent collection site registered under sub. (7) (a) that is open to all residents. 287.17(10)(fm)3.3. Projects that will take place in a municipality with a population of 5,000 or more that does not have a permanent collection site registered under sub. (7) (a). 287.17(10)(fm)4.4. Projects that do not meet the requirements under subds. 1. to 3., at the determination of the department. 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 program 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 program 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(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(12)(12) Electronic waste cleanup in Rusk, Price, and Washington counties. The department shall contract with 3rd parties to perform any necessary assessment, collection, transportation, and disposal of cathode-ray tube glass and related waste generated from activities undertaken by 5R Processors and located at properties in Rusk, Price, or Washington counties that are not owned by 5R Processors or its successors. Costs cannot exceed $4,500,000 under these contracts. 287.175287.175 Battery collection and recycling. 287.175(1)(a)(a) “Battery containing product” means a product that contains or is packaged with a covered battery. “Battery containing product” does not include a product that is an eligible electronic device, as defined in s. 287.17 (1) (gs). 287.175(1)(b)(b) “Battery stewardship organization” means an entity that has been designated by one or more producers to implement a battery stewardship plan under this section. “Battery stewardship organization” does not include a state agency, as defined in s. 16.004 (12) (a). 287.175(1)(c)(c) “Collection rate” means the percentage calculated by dividing the total weight of covered batteries collected in this state by a battery stewardship organization in a calendar year by the average annual weight of covered batteries estimated to have been sold in this state by all producers during that same calendar year and the previous 2 calendar years. 287.175(1)(d)(d) “Covered battery” means a portable battery or a medium format battery that is intended or designed to be easily removed, or is capable of being easily removed, using common household tools. “Covered battery” does not include any of the following: 287.175(1)(d)1.1. A battery, contained in a medical device that is regulated under the federal food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for sale or resale at retail locations for personal use. 287.175(1)(d)2.2. A battery that contains an electrolyte as a free liquid or a product that contains such a battery. 287.175(1)(d)3.3. A lead acid battery subject to the requirements of s. 287.18 or a product that contains such a battery. 287.175(1)(e)(e) “Medium format battery” means any of the following: 287.175(1)(e)1.1. For primary batteries, a battery that weighs more than 4.4 pounds but not more than 25 pounds. 287.175(1)(e)2.2. For rechargeable batteries, a battery that weighs more than 11 pounds, or that has a rating of more than 300 watt-hours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours. 287.175(1)(f)1.1. For primary batteries, a battery that weighs no more than 4.4 pounds. 287.175(1)(f)2.2. For rechargeable batteries, a battery that weighs no more than 11 pounds and that has a rating of no more than 300 watt-hours. 287.175(1)(g)(g) “Primary battery” means a battery that is not capable of being recharged. 287.175(1)(h)1.1. “Producer” means a person that sells, offers for sale, or distributes for sale a covered battery or battery containing product in or into this state and that is any of the following: 287.175(1)(h)1.a.a. If the covered battery or battery containing product is sold under a brand of the battery’s or product’s manufacturer, the person that manufactures the battery or product. 287.175(1)(h)1.b.b. If the covered battery or battery containing product is sold under a retail brand or under a brand owned by a person other than the battery’s or product’s manufacturer, the person that owns the brand. 287.175(1)(h)1.c.c. If subd. 1. a. and b. do not apply, the person that is the licensee of a brand or trademark under which the covered battery or battery containing product is sold, offered for sale, or distributed for sale in or into this state, regardless of whether the trademark is registered in this state. 287.175(1)(h)1.d.d. If subd. 1. a. to c. do not apply to any person within the United States, the person that is the importer of record for the covered battery or battery containing product into the United States for the purpose of selling, offering for sale, or distributing for sale the battery or product in or into this state. 287.175(1)(h)2.2. “Producer” does not include a retailer unless the retailer owns the brand under which a covered battery or battery containing product is sold. 287.175(1)(i)(i) “Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells electrically connected to produce electric energy and that is designed to be recharged. 287.175(1)(j)(j) “Recycling” means the process by which covered batteries or battery containing products are returned to productive use as material or energy, including the collection and transport of batteries for recycling. “Recycling” does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process by which batteries or battery containing products are returned in their original form or in a form for secondary use. 287.175(1)(k)(k) “Recycling efficiency rate” means the percentage calculated by dividing the weight of components and materials recycled by a battery stewardship organization by the weight of covered batteries collected by the battery stewardship organization. 287.175(1)(L)(L) “Retailer” means a person that only sells or offers for sale a covered battery or battery containing product in this state. “Retailer” does not include a producer. 287.175(2)(a)(a) Beginning on January 1, 2027, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the producer has designated a battery stewardship organization to implement a battery stewardship plan approved by the department under this section and listed by the department on its website under sub. (8) (f) 3. A producer may contract their obligations under this paragraph to another producer if the producer being contracted is a member of a battery stewardship organization in this state. 287.175(2)(b)(b) Beginning on January 1, 2027, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked with an identification of the producer of the battery. This paragraph does not apply if the battery is less than one-half inch in diameter or does not contain a surface with a length that exceeds one-half inch. 287.175(2)(c)(c) Beginning on January 1, 2029, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked to ensure proper collection and recycling, by identifying the chemistry of the battery and including an indication that the battery should not be disposed of as household waste. 287.175(2)(d)(d) A producer, retailer, or battery stewardship organization may not charge a point-of-sale fee to consumers to cover the costs of implementing a battery stewardship plan approved under this section. 287.175(3)(a)(a) Plan submittal. No later than January 1, 2027, each battery stewardship organization shall submit a battery stewardship plan to the department for approval. A battery stewardship plan approved by the department shall have a term of no more than 5 years and shall include all of the following: 287.175(3)(a)1.1. The names and contact information for each producer that has designated the battery stewardship organization to implement the battery stewardship plan. 287.175(3)(a)2.2. The brands of all of the covered batteries that each producer under subd. 1. sells, offers for sale, or distributes for sale in or into this state. All such brands shall be covered by the battery stewardship plan. 287.175(3)(a)3.3. Performance goals under the plan, and a process for achieving these goals. Performance goals shall include target collection rates for rechargeable batteries and for primary batteries; target recycling efficiency rates of at least 60 percent for rechargeable batteries and 70 percent for primary batteries; and goals for public awareness, convenience, and accessibility. The collection rate goals for each of the first 3 years of implementation of the battery stewardship organization’s approved plan shall be based on the estimated total weight of covered batteries that have been sold in this state in the previous 3 calendar years by the producers participating in the plan. 287.175(3)(a)5.5. Consumer awareness goals and a description of the education and outreach strategy that the battery stewardship organization will implement to promote participation in the organization’s approved plan and to provide information necessary for the effective participation of consumers, retailers, and others. 287.175(3)(a)6.6. A process for making available to collection sites, for voluntary use, signage, written materials, and other promotional materials to inform consumers of the available end-of-life management options for covered batteries collected under the battery stewardship organization’s approved plan. 287.175(3)(a)7.7. Collection site safety training procedures related to covered battery collection activities at collection sites, including a description of operating protocols to reduce risks of spills or fires, response protocols in the event of a spill or fire, and protocols for safe management of damaged batteries that are returned to collection sites. 287.175(3)(a)8.8. A method for fully funding the battery stewardship organization’s approved plan in a manner that equitably distributes the plan’s costs among the producers under subd. 1. on the basis of each producer’s actual share of covered batteries collected under the plan. 287.175(3)(a)9.9. Provisions for collecting covered batteries at no cost, regardless of the brand or producer of the covered battery, on a continuous, convenient, visible, and accessible basis. 287.175(3)(a)10.10. The addresses of collection sites that will accept covered batteries under the plan, and the criteria used to determine whether an entity may serve as a collection site. 287.175(3)(a)11.11. The names of proposed service providers, including sorters, transporters, and processors, to be used for the final disposition of batteries. 287.175(3)(a)12.12. Provisions for recordkeeping, tracking, and documenting the management and disposition of collected covered batteries. 287.175(3)(a)13.13. An explanation for any delay anticipated by the battery stewardship organization in managing medium-format batteries. 287.175(3)(b)(b) Annual fee. A battery stewardship organization shall pay a fee of $75,000 to the department upon approval of a plan under this section and a fee of $75,000 annually thereafter. Fees paid under this paragraph shall be deposited in the environmental fund. 287.175(3)(c)(c) Plan expiration and resubmittal. A battery stewardship organization shall submit a new plan to the department for approval no less than every 5 years. If the performance goals under the previously approved plan have not been met, the new plan shall include corrective measures to be implemented by the battery stewardship organization to meet those performance goals, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach. 287.175(3)(d)(d) Plan amendments. A battery stewardship organization shall provide plan amendments to the department for approval when proposing material changes to the approved plan. 287.175(3)(e)(e) Notification of certain changes. A battery stewardship organization implementing a plan approved under this section shall notify the department within 90 days of a producer beginning or ceasing participation in the battery stewardship organization, or within 90 days of adding or removing a processor or transporter under the approved plan. 287.175(3)(f)(f) More than one battery stewardship organization; cost sharing.
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Chs. 279-299, Natural Resources
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