Section 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. 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.Wis. Admin. Code Department of Natural Resources § NR 544.06
Cr. Register, September, 1993, No. 453, eff. 10-1-93; CR 04-113: am. (1), (2) (b) 2. and (c) 2., r. (2) (b) 4. and (c) 4. Register June 2005 No. 594, eff. 7-1-05.