Variances and exemptions

Variances and exemptions. (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 under s. 287.11 (2) (b) and (er) , Stats., for a material identified under 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 the cost of selling processed material as defined under s. 287.11 (2m) (a) 2. , Stats., exceeds at least one of the following: (a) Ninety-eight dollars per ton of processed material, as periodically adjusted by the department to reflect changes in price levels due to inflation since 2023. (b) The cost of disposing of processed material. (3) Variances initiated by the department. (a) The department may, on its own initiative, grant to one or more responsible units with effective recycling programs a variance to the requirements in s. 287.11 (2) (b) and (er) , Stats., for up to one year for a material identified in s. 287.07 (3) or (4) , Stats., that is generated in the responsible unit’s region if the department determines that the cost of selling processed material exceeds the amount under sub. (2) (a) or (b) . (b) The department may grant a responsible unit a variance to a requirement in s. 287.11 (2) (b) or (er) , Stats., for up to one year for a material identified in s. 287.07 (3) or (4) , Stats., in the event of an unexpected emergency. (4) Exemptions. The department may grant exemptions from nonstatutory requirements of this chapter upon request of the responsible unit when the department determines that an exemption is needed to allow or encourage the management of solid waste in accordance with s. 287.05 , Stats., and when the exemption will be consistent with the intent of this chapter. Before granting an exemption, the department shall take into account factors such as good cause or circumstances beyond the control of the responsible unit. When the circumstances for which the exemption was granted are no longer valid, the department shall rescind the exemption and revise the effective recycling program approval.