Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.06 - Components of a recycling ordinance

Current through June 24, 2024
(1) A responsible
				unit seeking approval under this chapter shall adopt and enforce a recycling
				ordinance meeting the requirements of this section, except that a
				multiple-municipality responsible unit is not required to adopt an ordinance
				for any of its members which have and enforce their own ordinances under this
				section. No unit of government in a multiple-municipality responsible unit
				other than the responsible unit may be required to adopt or enforce an
				ordinance under this section.
Note: A responsible unit is authorized by s.
				  287.09(3)
				  (b), Stats., to adopt an ordinance to enforce
				  the recycling program established under s.
				  287.09(2)
				  (a), Stats., to comply with s.
				  287.07(1m)
				  to (4), Stats., and the priorities under s.
				  287.05(12),
				  Stats.
(2) At a minimum, a
				recycling ordinance required under s.
				NR
				544.04(2) shall include all of the
				following:
(a) A requirement that the
				occupants of single family and 2 to 4 unit residences, multiple-family
				dwellings and non-residential facilities and properties in the region either
				separate for recycling the materials specified in s.
				287.07(1m)
				to (4), Stats., from postconsumer waste
				generated in the region or send the material to a licensed processing facility
				that recovers for recycling those materials from solid waste in as pure a form
				as is technically feasible. This requirement does not apply to solid waste
				which is burned as a supplemental fuel at a facility if less than 30% of the
				heat input to the facility is derived from the solid waste burned as
				supplemental fuel in accordance with s.
				287.07(7)
				(bg), Stats.
(b) A requirement that owners or designated
				agents of multiple-family dwellings in the region do all of the following
				unless postconsumer waste generated in those properties is treated at a
				processing facility that recovers for recycling the materials specified in s.
				287.07(3)
				and (4), Stats., from that solid waste in as
				pure a form as is technically feasible:
1.
				Provide adequate, separate containers for the recycling program established in
				compliance with the ordinance.
2.
				Notify tenants in writing at the time of renting or leasing the dwelling and at
				least semi-annually thereafter of how to appropriately recycle the materials
				specified under s.
				287.07(1m)
				to (4), Stats., at this location. This
				notification shall include reasons to reduce and recycle waste, which materials
				are collected, how to prepare recyclable materials in order to meet the
				processing requirements, and collection methods or sites. The notification
				shall indicate locations and hours of operation of drop-off collection sites
				for recyclable materials not collected on-site, including a contact person or
				company, address and phone number.
3. Provide for the collection of recyclable
				materials separated from the solid waste by the tenants and the delivery of the
				recyclable materials to a recycling facility.
(c) A requirement that owners or designated
				agents of non-residential facilities and properties in the region do all of the
				following unless postconsumer waste generated in those facilities and
				properties is treated at a processing facility that recovers the materials
				specified in s.
				287.07(3)
				and (4), Stats., from solid waste in as pure
				a form as is technically feasible:
1. Provide
				adequate, separate containers for the program established under this
				section.
2. Notify in writing, at
				least semi-annually, all users, tenants and occupants of the properties of how
				to appropriately recycle the materials specified under s.
				287.07(1m)
				to (4), Stats., at this location. This
				notification shall include reasons to reduce and recycle waste, which materials
				are collected, how to prepare recyclable materials in order to meet the
				processing requirements, and collection methods or sites. The notification
				shall indicate locations and hours of operation of drop-off collection sites
				for recyclable materials not collected on-site, including a contact person or
				company, address and phone number.
3. Provide for the collection of recyclable
				materials separated from the solid waste by the users, tenants and occupants
				and the delivery of the recyclable materials to a recycling facility.
(d) A prohibition on disposing of
				in a solid waste disposal facility or burning in a solid waste treatment
				facility the materials specified in s.
				287.07(3)
				to (4), Stats., which have been separated for
				recycling.
(e) Provisions for
				enforcement, including the following:
1.
				Appropriate penalties for violations of the various provisions of the ordinance
				which are consistent with the forfeitures under ss.
				287.95
				and
				287.97,
				Stats.
2. Authorization for the use
				of citations to be issued for violations of the ordinance.
Note: Section
				  66.0113,
				  Stats., authorizes the use of citations to be issued for ordinance
				  violations.
3. Adequate
				inspection authority to ascertain compliance with the ordinance.