reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.05 - Eligible and ineligible costs

Current through June 24, 2024
(1) ELIGIBLE COSTS.
				The grantee's recycling program costs, net of the sale of recovered materials,
				that are reasonable and necessary for planning, constructing or operating a
				recycling program are eligible for grant assistance. Eligible costs may
				include, but are not limited to:
(a) The costs
				of planning, including consultant fees;
(b) Construction costs, including capitalized
				interest, professional services of an attorney, and engineering services for
				design, construction and construction inspection;
(c) Training, salaries and fringe benefit
				costs of personnel;
(d) The
				purchase of necessary supplies;
(e)
				Capital purchases for:
1. Equipment; equipment
				costing $1,000 or more and with an expected life of 3 years or more will be
				funded on an amortized basis;
2.
				Land, including site acquisition at fair market value and site preparation
				costs;
(f) The allocable
				cost of using equipment not purchased with grant monies as provided under s.
				NR 542.10(1)
				(b) 3;
(g) Costs of collecting recyclables,
				marketing and transporting recyclables to market;
(h) Public education and enforcement
				costs;
(i) Written contracts
				entered into by responsible units to obtain services necessary for an effective
				recycling program;
(j) The
				following costs of a solid waste facility designed to recover recyclables from
				postconsumer waste:
1. All costs that can be
				directly isolated to the recycling component;
2. The proportionate share of the remaining
				costs as calculated as a proportion of recovered recyclables to total waste, by
				weight; and
(k) Cost of
				documenting how solid waste which is generated in the grantee's region and is
				not separated or recovered for recycling will be managed, as required by s.
				287.11(2)
				(ew), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.06 - Distribution of grant assistance

Current through June 24, 2024
The department shall award a grant to each eligible
				  responsible unit that submits a complete application for allowable expenses.
				  The amount of the grant shall be determined as follows:
(1) For a county that is the responsible unit
				for at least 75% of the population of the county, $100,000 or the amount
				determined under sub. (2), whichever is greater.
(2) Unless total grant requests exceed the
				amount of funds available, the amount of the grant for all other responsible
				units will equal the lesser of the following:
(a) The population of the responsible unit
				times $6.
(b) Sixty-six percent of
				eligible expenses, minus any avoided disposal costs.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.07 - Grant assistance application

Current through June 24, 2024
(1) PROCEDURE. A
				completed application shall be submitted to the department by September 1 in
				the year preceding the year for which the assistance is sought. Application
				shall be made on forms provided by the department in accordance with the
				instructions provided.
Note: Forms and instructions may be obtained, at no charge,
				  from the Bureau of Community Financial Assistance, Department of Natural
				  Resources, P.O. Box 7921, Madison, WI 53707.
(2) CONTENTS OF APPLICATION. An application
				shall contain all of the following:
(a) A
				resolution of the responsible unit authorizing its representative to file the
				grant application. The authorized representative shall be an official or
				employee of the responsible unit;
(b) The information specified in s.
				287.09(2)
				(b), Stats.;
(c) A description of the program, the
				processes and methods to be used, including who will implement them, and a
				timetable for implementation;
(d)
				Documentation that the assistance, when combined with future anticipated
				assistance, will result in the responsible unit doing one of the following:
1. Making continued progress in creating an
				effective recycling program as defined under s.
				287.11,
				Stats., by January 1, 1995;
2.
				Maintaining an effective recycling program following approval of the recycling
				program under s.
				287.11,
				Stats.;
(e) A financial
				schedule itemizing revenues and expenses of all programs and activities likely
				to be funded under the proposed grant;
(f) A financial report if the responsible
				unit received a grant under this chapter, or 1989 Wis. Act 335, section 85 (5),
				for the grant period preceding the grant period for which the application is
				being made. It shall include a statement of whether any portion of that grant
				was or is likely to be spent on ineligible activities, and the actual or
				estimated amount;
(g) An
				amortization schedule for all equipment, included in projected program costs,
				with a useful life exceeding 3 years and a cost greater than $1,000;
(h) A copy of any executed contracts for the
				performance of any portion of the program;
(i) A preliminary project design, engineering
				plans and specifications for the facility and equipment, as appropriate to the
				proposed project.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.08 - Grant assistance conditions and requirements

Current through June 24, 2024
Before awarding a grant to a responsible unit, the department
				  shall determine that all of the applicable requirements of s.
				  NR
				  542.07 have been met and the responsible unit shall
				  assure that it will comply with the following:
(1) OPERATION AND MAINTENANCE. The
				responsible unit shall agree to operate and provide adequate maintenance of
				facilities purchased or developed with state grant assistance;
(2) ACCESS. The grantee shall insure that
				department representatives will have access to the recycling facilities,
				including construction activities;
(3) PREVAILING MARKET RATE. No grantee may
				pay above the prevailing market rate for recyclables for any year in which it
				receives grant assistance.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.09 - Grant payments

Current through June 24, 2024
(1) FIRST PAYMENT. The department shall
				disburse 50% of a grant to the applicant upon approval, but not later than
				January 1 of the year for which the grant is made.
(2) SECOND PAYMENT. The department shall
				disburse 25% of the grant not later than July 1 of the year for which the grant
				is made.
(3) FINAL PAYMENT. The
				department shall disburse the final balance of the eligible net program costs
				to the grantee based on the final payment request. The final payment request
				shall be submitted on forms provided by the department, following the
				instructions provided, not later than April 30 of the year following the grant
				year. The department may withhold all or part of a grant payment if it
				determines that either:
(a) The responsible
				unit spent grant funds on activities not eligible for assistance as outlined
				under s.
				NR
				542.05; or
(b) The responsible unit has not maintained
				an effective recycling program following initial approval of its program as
				effective as outlined in s.
				NR
				542.08. Funds withheld under this provision may be
				paid if the responsible unit corrects all program deficiencies to the
				satisfaction of the department within one year of the original
				finding.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.10 - Grantee accountability

Current through June 24, 2024
(1) RECORDS MANAGEMENT. Each responsible unit
				shall maintain an accounting system that accurately reflects all fiscal
				transactions, incorporates appropriate controls and safeguards, and provides
				clear references to source or original documents.
(a)
Accounting procedures.
Financial schedules and statements filed with grant applications and payment
				requests shall be based on records maintained under generally accepted
				accounting principles which meet the following minimum requirements:
1. Program accounts shall separate grant
				receipts and eligible expenditures from those allocable to other programs and
				activities.
2. Receipts and
				expenditures shall be listed in sufficient detail to provide a basis for
				accurate and complete program reporting.
3. All program receipts shall be identified
				in sufficient detail to reflect their source and purpose.
4. Supporting records for all program
				expenditures shall be itemized in detail to indicate the nature and
				appropriateness of each. Proof of payment, such as canceled checks or receipts
				from vendors, shall be maintained.
5. Time and attendance records describing the
				work performed, specifying project hours worked by day, and both signed by the
				employee and bearing evidence of management approval, shall be maintained,
				along with computations showing hourly pay rates and allocation of fringe
				benefits.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.11 - Grant variances

Current through June 24, 2024
The department may approve variances from nonstatutory
				  requirements of this chapter upon request of the grantee when it is determined
				  that variances are essential to effect necessary actions or department
				  objectives, and where special circumstances make variances in the best
				  interests of the state. Before granting a variance, the department shall take
				  into account factors such as good cause, circumstances beyond the control of
				  the grantee and financial hardship.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.12 - Dispute resolution; arbitration

Current through June 24, 2024
In the event that a dispute arises between the department and
				  the grant recipient, either party may request a conference between the
				  department's director of the bureau of community assistance and the grant
				  recipient, or designee, to resolve the dispute.
(2) All claims, disputes and other matters in
				question arising out of or relating to the grant agreement or the breach
				thereof, may be decided by arbitration in accordance with ch. 788, Stats.
				Arbitration shall be conducted within the state of Wisconsin.
(3) Requests for arbitration shall be filed
				in writing with the other party to the grant agreement. The other party shall
				respond to the request for arbitration within a 30 day period either by
				accepting or rejecting the request for arbitration. In no event may the request
				for arbitration be made at any time after the applicable statute of limitations
				could bar the institution of legal or equitable proceedings based on such
				claim, dispute or other matter in question.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.13 - Termination of awards

Current through June 24, 2024
(1) The department and a grantee may enter
				into an agreement to terminate the award at any time pursuant to this section.
				The agreement shall establish the effective date of termination of the grant
				award, the basis for settlement of award termination costs, and the amount and
				date of payment of any sums due either party.
(2) A grantee may not unilaterally terminate
				the work authorized in the award, except for good cause. The grantee shall
				promptly give written notice to the department of any complete or partial
				termination of the program work by the grantee. If the department determines
				that there is good cause for the termination of all or any portion of the
				program work, the department may enter into a termination agreement or
				unilaterally terminate the award pursuant to sub. (3), effective on the date of
				cessation of the program work by the grantee. If the department determines that
				a grantee has ceased program work without good cause, the department may
				unilaterally terminate the award pursuant to sub. (3).
(3) Awards may be terminated in whole or in
				part by the department in accordance with the following procedure:
(a) The department shall attempt to consult
				with the grantee prior to any termination. After the department has received
				any views expressed by the grantee, the department may terminate the award in
				whole or in part.
(b) Any
				termination shall be in writing and shall state the reasons for terminating the
				award. Notices of termination shall be served on the grantee personally or by
				mail.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 542 - Recycling grants to responsible units › Section NR 542.14 - Enforcement

Current through June 24, 2024
The following sanctions may be imposed for noncompliance with
				  s.
				  287.11,
				  Stats., the provisions of this chapter, or any award made under this
				  chapter:
(1) The award may be
				terminated under s.
				NR
				542.13;
(2) Program costs directly related to the
				noncompliance may be declared ineligible;
(3) Payment otherwise due to the grantee may
				be withheld under s.
				NR
				542.09;
(4) Other administrative and judicial
				remedies may be instituted as legally available and appropriate;
(5) The department may seek recovery of some
				or all payments.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 543 - State market development priorities for recycled and recyclable materials (Repealed) › Section NR 543.01 - Purpose (Repealed)

Current through June 24, 2024
1993 Wis. Act 75 repealed s. 159.03, Stats., which related
					 to the development of markets for recyclable materials derived from
					 postconsumer waste.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 543 - State market development priorities for recycled and recyclable materials (Repealed) › Section NR 543.02 - Applicability (Repealed)

Current through June 24, 2024
Grants, loans and rebates are required to be consistent
					 with priorities in effect on January 1.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 543 - State market development priorities for recycled and recyclable materials (Repealed) › Section NR 543.04 - Priority factors (Repealed)

Current through June 24, 2024
Sections 560.12 and 560.65, Stats., were repealed by 2007
					 Wis. Act 20.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria under s.
				  287.11,
				  Stats., for determining whether a responsible unit's program is an effective
				  recycling program. In conjunction with s.
				  287.09(2)
				  (a), Stats., this chapter will guide the
				  development of effective recycling programs.
Under s.
					 287.23(3),
					 Stats., only responsible units that have been determined to have effective
					 recycling programs shall be eligible to receive state financial assistance for
					 recycling. In addition, under s.
					 287.07(7),
					 Stats., only responsible units having effective recycling programs under this
					 chapter are exempt from the landfill and incinerator restrictions in s.
					 287.07(3)
					 and (4), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.02 - Applicability

Current through June 24, 2024
The provisions of this chapter apply to all the
				  following:
(1) Responsible units
				seeking approval of an effective recycling program under s.
				287.11,
				Stats.
(2) Responsible units that
				have been approved or are on probation.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.05 - Collection and processing systems

Current through June 24, 2024
(1) COLLECTION
				SYSTEMS.
(a)
General
				requirements.
Except as provided in sub. (3), systems for collecting
				the materials specified in s.
				287.07(3)
				and (4), Stats., from single family and 2 to
				4 unit residences shall meet the following requirements:
1. Separate the materials from other solid
				waste prior to collection and maintain that separation during the collection
				process.
2. Prohibit the compaction
				of glass containers with newspaper or with municipal solid waste during
				collection.
3. Maintain the
				materials collected in marketable condition.
4. Meet the total collection standard in
				Table 1, except that a multiple-municipality responsible unit with a membership
				of rural and other municipalities may meet a prorated standard for each
				material by the entire responsible unit.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.07 - Record-keeping requirements

Current through June 24, 2024
A responsible unit subject to this chapter shall maintain
				  records supporting its application and documenting its compliance with this
				  chapter. The records shall be kept at a single location and be available for
				  department review. The responsible unit shall retain its records for at least 3
				  years following the submittal of that year's program report.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.09 - Initial program or alternative collection or processing system approval process

Current through June 24, 2024
Upon receipt of a complete application, the department shall
				  either approve or disapprove the application in writing within 90 days. The
				  determination of the department shall be based upon compliance with this
				  chapter. An approval may be conditioned upon any requirements necessary to
				  comply with this chapter.
(1) APPROVAL
				OF APPLICATION. The department shall approve a responsible unit's application
				as effective if the following are met:
(a)
				For initial program approval, the program includes the components required
				under s.
				NR
				544.04.
(b) The application includes the elements
				required under s.
				NR
				544.08.
(c) The program is projected to meet the
				total collection standard in Table 1.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.11 - Annual program report review process

Current through June 24, 2024
(1) The department
				shall review the annual program report of the responsible unit for the
				following:
(a) Compliance with the conditions
				of effective recycling program approval.
(b) Compliance with the requirements of this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.12 - Programs under probation

Current through June 24, 2024
(1) A responsible
				unit that has been placed on probation under s.
				NR 544.11(2)
				(b) has an effective recycling program for
				the purposes of ss.
				287.07(7)
				and
				287.23,
				Stats. The probationary period may not exceed one year.
(2) A responsible unit that has been placed
				on probation under s.
				NR 544.11(2)
				(b) shall submit a plan to the department
				describing the actions it intends to take to meet the requirements of this
				chapter. The department shall review this plan and may require conditions in
				its approval. A responsible unit's recycling program shall be monitored by the
				department to ensure compliance with the probationary plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.13 - Responsible units located in current service areas of facilities exempt under s. 287.07 (7) (b), Stats

Current through June 24, 2024
A responsible unit that is located in the current service
				  area of an operating solid waste treatment facility which is exempt under s.
				  287.07(7)
				  (b), Stats., and that uses that solid waste
				  treatment facility, may be approved as an effective recycling program under
				  this chapter if it meets the following requirements:
(1) It establishes a recycling program for
				aluminum, glass, steel and bi-metal containers.
(2) It provides for curbside collection of
				the non-combustible materials listed in sub. (1) in municipalities that have a
				population of 5,000 or greater with an aggregate population density of at least
				70 persons per square mile.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.14 - Variances and exemptions

Current through June 24, 2024
(1) GENERAL. A
				responsible unit with an effective recycling program may request in writing a
				variance or the department may on its own initiative grant a variance to the
				requirements of s.
				287.11(2) (b) and
				(er), Stats., for up to one year.
(2) VARIANCES REQUESTED BY THE RESPONSIBLE
				UNIT. A responsible unit with an effective recycling program may request a
				variance for up to one year to the requirements in s.
				287.11(2) (b) and
				(er), Stats., for a material identified in s.
				287.07(3)
				or (4), Stats., that is generated in the
				responsible unit's region. The department shall grant a variance if it
				determines that the cost of selling processed material as defined in s.
				287.11(2m)
				(a) 2, Stats., exceeds any of the following:
(a) Forty dollars per ton of processed
				material, as annually adjusted by the department to reflect changes in price
				levels due to inflation since 1989.
(b) The cost of disposing of processed
				material.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.16 - Materials recovery facilities used as part of an effective recycling program

Current through June 24, 2024
(1) GENERAL REQUIREMENTS. The owner or
				operator of a materials recovery facility that serves as a component of a
				responsible unit's effective recycling program shall do all of the following:
(a) Operate and maintain the facility in a
				nuisance-free and environmentally sound manner.
(b) Maintain records to verify that not less
				than 75% of the volume of recyclable materials accepted were recycled or
				transported from the facility within 12 months of receipt at the facility,
				unless otherwise approved by the department.
(c) Maintain recyclable materials in
				marketable condition.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.20 - Pilot program for alternative method of compliance (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.21 - Pilot program definitions (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.22 - Pilot program eligibility of applicant (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.23 - Pilot program application (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.24 - Pilot program approval process (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.25 - Pilot program annual reporting procedures (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.26 - Pilot program agreement amendments (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 544 - Effective recycling programs › Section NR 544.27 - Pilot program termination (Repealed)

Current through June 24, 2024
As a result of the repeal of s.
					 287.11(4),
					 2009 Stats., by 2011 Wis. Act 32, this section is unenforceable and will be
					 repealed by future rulemaking.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 546 - Newspaper Recycling Fee (Repealed) › Section NR 546.06 - Calculation of fees (Repealed)

Current through June 24, 2024
Sample Calculation: In 1994, a newspaper publisher
					 purchases 5,000 tons of newsprint at $500 per ton. The target recycled content
					 for 1994 is 25% (.25). The average recycled content of all the newsprint
					 purchased was 15% (.15).
FEE = 0.01 x $2,500,000 x [ 0.25 - 0.15 ]
FEE = $2500
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 555 - Waste tire removal and recovery (Repealed) › Subchapter I - General (Repealed) › Section NR 555.01 - Purpose (Repealed)

Current through June 24, 2024
1995 Wis. Act 227 repealed s.
						287.17,
						Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 555 - Waste tire removal and recovery (Repealed) › Subchapter II - Waste Tire Site Cleanup Funds (Repealed) › Section NR 555.07 - Cost recovery (Repealed)

Current through June 24, 2024
1995 Wis. Act 227 repealed s.
						287.17,
						Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter A - General › Section NR 660.01 - Purpose, scope and applicability

Current through June 24, 2024
(1) This chapter
				  provides definitions of terms, general standards and overview information
				  applicable to chs. NR 660 to
				  679.
(2) In this chapter:
(a) Section
				  NR
				  660.02 sets forth the rules that the department will
				  use in making information it receives available to the public and sets forth
				  the requirements that generators, transporters, or owners or operators of
				  treatment, storage or disposal facilities shall follow to assert claims of
				  business confidentiality with respect to information that is submitted to the
				  department under chs. NR 660 to
				  679.
(c) Section
				  NR
				  660.10 define sterms which are used in chs. NR 660 to
				  679.
(d) Section
				  NR
				  660.20 establishes procedures for petitioning the
				  department to amend, modify or revoke any provision of chs. NR 660 to
				  679 and establishes procedures
				  governing the department's action on the petitions.
(e) Section
				  NR
				  660.21 establishes procedures for petitioning the
				  department to approve testing methods as equivalent to those prescribed in ch.
				  NR 661, 664 or 665.
(f) Section
				  NR
				  660.22 references procedures for petitioning EPA to
				  amend subch. D of ch. NR 661 to exclude a waste from a particular
				  facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter A - General › Section NR 660.02 - Availability of information and confidentiality of information

Current through June 24, 2024
(1)
				  Any information provided to or obtained by the department under chs.
				  NR
				  660 to 679 in the administration of s.
				  287.15
				  or
				  299.53, Stats., or
				  ch. 291, Stats., will be made available to the public to the extent and in the
				  manner authorized by ss.
				  19.31 to
				  19.39,
				  Stats., and s.
				  NR
				  2.195.
(2)
				  Except as provided under subs. (3) and (4), any person who submits information
				  to the department according to chs.
				  NR
				  660 to 679 may seek confidential status for part or
				  all of that information, except emission data, by following the procedures set
				  forth in s.
				  291.15
				  or
				  299.55,
				  Stats., and s.
				  NR 2.19.
				  Information granted confidential status will be disclosed by the department
				  only to the extent, and by means of the procedures, set forth in s.
				  291.15
				  or
				  299.55,
				  Stats., and s.
				  NR 2.19.
				  However, if no application for confidential status accompanies the information
				  when it is received by the department, it may be made available to the public
				  without further notice to the person submitting it.
(3)
(a)
Manifest claim of confidential status.
No claim of
				  confidential status may be asserted by any person with respect to information
				  entered on a hazardous waste manifest, EPA Form 8700-22; a hazardous waste
				  manifest continuation sheet, EPA Form 8700-22A; or an electronic manifest
				  format that may be prepared and used in accordance with s.
				  NR 662.020(1)
				  (c).
(b)
Availability of
				  manifest.
EPA will make any electronic manifest that is prepared and
				  used in accordance with s.
				  NR 662.020(1)
				  (c), or any paper manifest that is submitted
				  to the system under s.
				  NR
				  664.0071 or 665.0071 available to the public under
				  this section when the electronic or paper manifest becomes a complete and final
				  document. Electronic manifests and paper manifests submitted to the system are
				  considered by EPA and the department to be complete and final documents and
				  publicly available information after 90 days have passed since the delivery to
				  the designated facility of the hazardous waste shipment identified in the
				  manifest.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter A - General › Section NR 660.04 - Manifest copy submission requirements for certain interstate waste shipments

Current through June 24, 2024
(1) In any case in which the state in which
				  waste is generated, or the state in which waste will be transported to a
				  designated facility, requires that the waste be regulated as a hazardous waste
				  or otherwise be tracked through a hazardous waste manifest, the designated
				  facility that receives the waste shall do all of the following, regardless of
				  the state in which the facility is located:
(a) Complete the facility portion of the
				  applicable manifest.
(b) Sign and
				  date the facility certification.
(c) Submit to the e-manifest system a final
				  copy of the manifest for data processing purposes.
(d) Pay the appropriate per manifest fee to
				  EPA for each manifest submitted to the e-manifest system, subject to the fee
				  determination methodology, payment methods, dispute procedures, sanctions, and
				  other fee requirements specified in subpart FF of 40 CFR 264.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter A - General › Section NR 660.05 - Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments

Current through June 24, 2024
(1) In this
				  section, "state-only regulated waste" means any of the following:
(a) A non-RCRA waste that a state regulates
				  more broadly under its state regulatory program.
(b) A RCRA hazardous waste that is federally
				  exempt from manifest requirements, but not exempt from manifest requirements
				  under state law.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter A - General › Section NR 660.07 - Notification of hazardous waste activities

Current through June 24, 2024
(1) NEW ACTIVITIES.
				  Any person who generates or transports hazardous waste, or owns or operates a
				  facility for the treatment, storage or disposal of hazardous waste, shall
				  notify the department of the activities using EPA Form 8700-12.
(2) EXISTING ACTIVITIES. Any person who,
				  after the effective date of a rule that makes the person subject to regulation
				  under chs.
				  NR
				  660 to 679, generates or transports hazardous waste,
				  or owns or operates a facility for the treatment, storage or disposal of
				  hazardous waste shall notify the department of the activities using EPA form
				  8700-12 within 90 days of the effective date of the rule, unless the person has
				  previously notified EPA or the department.
(3) SEPARATE FORMS. A separate EPA
				  notification form shall be submitted to the department for each generation
				  site, transportation service and hazardous waste facility.
EPA notification form 8700-12 may be obtained
						from:
http://www.epa.gov/wastes/inforesources/data/form8700/8700-12.pdf
or
						the department by E-mail: waste.management@dnr.state.wi.us or phone: (608)
						266-2111.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.20 - General

Current through June 24, 2024
As provided under s.
					 227.12,
					 Stats., and ch. NR 2, a person may petition the department to modify or revoke
					 any provision in chs.
					 NR
					 660 to 673. Section
					 NR
					 660.21 sets forth additional requirements for
					 petitions to add a testing or analytical method to ch. NR 661, 664 or 665.
					 Section
					 NR
					 660.22 references petitions to EPA to exclude a waste
					 or waste-derived material at a particular facility from s. NR 661.0003 or the
					 lists of hazardous wastes in subch. D of ch. NR 661. Section
					 NR
					 660.23 sets forth additional requirements for
					 petitions to amend ch. NR 673 to include additional hazardous wastes or
					 categories of hazardous waste as universal waste.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.21 - Petitions for equivalent testing or analytical methods

Current through June 24, 2024
(1) Any person
				  seeking to add a testing or analytical method to ch. NR 661, 664 or 665 may
				  petition for a rule amendment under this section and s.
				  NR
				  660.20. To be successful, the person shall demonstrate
				  to the satisfaction of the department that the proposed method is equal to or
				  superior to the corresponding method prescribed in ch. NR 661, 664 or 665, in
				  terms of its sensitivity, accuracy and precision (i.e.,
				  reproducibility).
(2) Each petition
				  shall include all of the following, in addition to the information required by
				  s.
				  NR
				  660.20:
(a) A full
				  description of the proposed method, including all procedural steps and
				  equipment used in the method.
(b) A
				  description of the types of wastes or waste matrices for which the proposed
				  method may be used.
(c) Comparative
				  results obtained from using the proposed method with those obtained from using
				  the relevant or corresponding methods prescribed in ch. NR 661, 664 or
				  665.
(d) An assessment of any
				  factors which may interfere with, or limit the use of, the proposed
				  method.
(e) A description of the
				  quality control procedures necessary to ensure the sensitivity, accuracy and
				  precision of the proposed method.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.22 - Petitions to amend ch. NR 661 to exclude a waste produced at a particular facility

Current through June 24, 2024
Any person seeking to exclude a waste at a particular
					 generating facility from the lists in subch. D of ch. NR 661 may petition the
					 EPA region 5 administrator for a regulatory amendment under
					 40 CFR
					 260.20 and
					 260.22.
					 The department shall recognize an EPA granted delisting unless the department
					 clearly establishes that a delisting would threaten human health or the
					 environment.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.23 - Petitions to amend ch. NR 673 to include additional hazardous wastes

Current through June 24, 2024
(1)
				  Any person seeking to add a hazardous waste or a category of hazardous waste to
				  the universal waste rules in ch. NR 673 may petition for a rule amendment under
				  this section, s.
				  NR
				  660.20, and subch. G of ch. NR 673.
(2) To be successful, the petitioner shall
				  demonstrate to the satisfaction of the department that regulation under the
				  universal waste rules in ch. NR 673 is appropriate for the waste or category of
				  waste, will improve management practices for the waste or category of waste and
				  will improve implementation of the hazardous waste program. The petition shall
				  include the information required by this section. The petition should also
				  address as many of the factors listed in s.
				  NR
				  673.81 as are appropriate for the waste or category of
				  waste addressed in the petition.
(3) The department shall grant or deny a
				  petition using the factors listed in s.
				  NR
				  673.81. The decision will be based on the weight of
				  evidence showing that regulation under ch. NR 673 is appropriate for the waste
				  or category of waste, will improve management practices for the waste or
				  category of waste, and will improve implementation of the hazardous waste
				  program.
(4) The department may
				  request additional information needed to evaluate the merits of the
				  petition.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.30 - Non-waste determinations and variances from classification as a solid waste

Current through June 24, 2024
According to the standards and criteria in ss.
					 NR
					 660.31 and NR 660.34 and the procedures in s.
					 NR
					 660.33, the department may determine on a case-by-case
					 basis that all of the following recycled materials are not solid wastes:
(1) Materials that are accumulated
				  speculatively without sufficient amounts being recycled (as defined in s. NR
				  661.0001(3) (h) ).
(2) Materials
				  that are reclaimed and then reused within the original production process in
				  which they were generated.
(3)
				  Materials that have been reclaimed but shall be reclaimed further before the
				  materials are completely recovered.
(4) Hazardous secondary materials that are
				  reclaimed in a continuous industrial process.
(5) Hazardous secondary materials that are
				  indistinguishable in all relevant aspects from a product or
				  intermediate.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.31 - Standards and criteria for variances from classification as a solid waste

Current through June 24, 2024
(1)
				  The department may grant requests for a variance from classifying as a solid
				  waste those materials that are accumulated speculatively without sufficient
				  amounts being recycled if the applicant demonstrates that sufficient amounts of
				  the material will be recycled or transferred for recycling in the following
				  year. If a variance is granted, it is valid only for the following year, but
				  can be renewed, on an annual basis, by filing a new application. The
				  department's decision will be based on all of the following criteria:
(a) The manner in which the material is
				  expected to be recycled, when the material is expected to be recycled, and
				  whether this expected disposition is likely to occur (for example, because of
				  past practice, market factors, the nature of the material or contractual
				  arrangements for recycling).
(b)
				  The reason that the applicant has accumulated the material for one or more
				  years without recycling 75% of the volume accumulated at the beginning of the
				  year.
(c) The quantity of material
				  already accumulated and the quantity expected to be generated and accumulated
				  before the material is recycled.
(d) The extent to which the material is
				  handled to minimize loss.
(e) Other
				  relevant factors.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 660 - Hazardous Waste Management: General › Subchapter C - Rulemaking Petitions › Section NR 660.32 - Variances to be classified as a boiler

Current through June 24, 2024
According to the standards and criteria in s.
					 NR
					 660.10 (definition of "boiler"), and the procedures in
					 s.
					 NR
					 660.33, the department may determine on a case-by-case
					 basis that certain enclosed devices using controlled flame combustion are
					 boilers, even though they do not otherwise meet the definition of boiler
					 contained in s.
					 NR
					 660.10, after considering all of the following
					 criteria:
(1) The extent to which the
				  unit has provisions for recovering and exporting thermal energy in the form of
				  steam, heated fluids or heated gases.
(2) The extent to which the combustion
				  chamber and energy recovery equipment are of integral design.
(3) The efficiency of energy recovery,
				  calculated in terms of the recovered energy compared with the thermal value of
				  the fuel.
(4) The extent to which
				  exported energy is utilized.
(5)
				  The extent to which the device is in common and customary use as a "boiler"
				  functioning primarily to produce steam, heated fluids or heated
				  gases.
(6) Other factors, as
				  appropriate.