Wis. Admin. Code NR 544.06
Components of a recycling ordinance
Cite as Wis. Admin. Code NR § 544.06
Components of a recycling ordinance.
(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.
(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 under s. 287.07 (1m) , (2) , (3) , and (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 that is burned as a supplemental fuel at a facility if less than 30 percent of the heat input into 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. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
a. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.
b. The ratio of trash container volume to recycling container volume is at most 2:1.
c. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility.
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) , (2) , (3) , and (4) , Stats. This notification shall include what materials are collected at this location and how to prepare the materials in order to meet the processing requirements. The notification shall indicate locations of drop-off collection sites to recycle materials not collected on-site.
3. Provide for the collection of recyclable materials specified under s. 287.07 (4) , Stats., separated from solid waste by the tenants, and the delivery of the materials to a recycling facility. The total volume of the recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery 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 recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility.
2. Notify in writing, at least semi-annually, all users, tenants and occupants of the facilities and properties, including members of the public who use services provided by the facilities and properties, of how to appropriately recycle the materials specified under s. 287.07 (1m) , (2) , (3) , and (4) , Stats. This notification shall include what materials are collected at this location and how to prepare the materials in order to meet the processing requirements. The notification shall indicate locations of drop-off collection sites for recyclable materials not collected on-site.
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.
3. Adequate inspection authority to ascertain compliance with the ordinance.