Wisconsin Administrative Code

NR 530.11 Requirements for retailers. (1) REGISTERED BRANDS. If a retailer determines that a covered electronic device is not listed as registered on the department[s internet site, and that s. 287.17 (2) (c) 2., Stats., does not apply, the retailer shall do all of the following:…

NR 530.13 Suspension and revocation of collector and recycler registrations. (1) REASONS FOR SUSPENSION. The department may suspend the registration of a collector under s. 287.17 (7), Stats., for failure to comply with any of the requirements under s. 287.17 (7), Stats. The depa…

NR 530.14 Revocation of manufacturer registrations. (1) REASONS FOR REVOCATION. The department may revoke a manufacturer[s registration under s. 287.17 (3), Stats., if the manufacturer has failed to comply with one or more of the requirements under s. 287.17 (2) (a), (3), (4), or…

NR 538.01 Purpose. The purpose of this chapter is to allow and encourage, to the maximum extent possible, the beneficial use of industrial byproducts in a nuisance-free manner that is protective of public health and the environment and in accordance with good engineering practice…

NR 538.02 Applicability. (1) Except as otherwise provided, this chapter governs the beneficial use of industrial byproducts, except hazardous waste as defined in s. 291.01 (7), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as d…

NR 538.03 Definitions. In this chapter, the following definitions as well as the definitions in ch. 289, Stats., and s. NR 500.03 are applicable: (1) XBase aggregatesY means specified or selected material of designated thickness placed on a subgrade to support a pavement or other…

NR 538.04 Performance standards. No person may store, handle or beneficially use an industrial byproduct in a manner that may cause any of the following: (1) A significant adverse impact on wetland water quality standards as provided under ch. NR 103. (2) A take of an endangered …

NR 538.05 Solid waste rules exemption. (1) GENPersons who generate, use, transport, or store industrial byproducts that are characterized and beneficially used in compliance with this chapter are exempt from licensing under s. 289.31, Stats., and the regulatory requirements in ch…

NR 538.06 Industrial byproduct characterization. (1) GENERAL. (a) Industrial byproducts that are beneficially used under this chapter shall be characterized, as specified in this section, to determine their eligible uses under s. NR 538.10. A generator, or the generator[s designe…

NR 538.08 Determination of eligible uses. Acceptable beneficial uses for industrial byproducts that have been determined not to be a hazardous waste, as defined in s. NR 660.10 (52), and tested in accordance with s. NR 538.06 shall be determined as follows: (1) CONTAINED OR CONVE…

NR 538.09 Case-specific approvals. The department may review the characterization results for an industrial byproduct not defined in s. NR 538.03 (8) in response to a request from the generator and may, on a case-specific basis, approve a beneficial use or uses for that material …

NR 538.10 Eligible beneficial uses. All uses of industrial byproducts shall meet all applicable structural and physical specifications and generally accepted engineering practices for the use. Under this chapter, the eligible beneficial uses of industrial byproducts that may be e…

NR 538.12 Additional criteria for the beneficial use of industrial byproducts as geotechnical fill. (1) All geotechnical fill uses shall comply with the performance standards under s. NR 538.04 and the applicable criteria in this section. (2) Industrial byproducts that are utiliz…

NR 538.14 Reporting. (1) INITIAL CERTIFICATION. Prior to beneficial use of industrial byproducts under this chapter, or the establishment of a non-exempt storage facility, each generator, non-exempt storage facility operator, or the generator[s designee, shall submit an initial c…

NR 538.16 Storage and transportation requirements. (1) STORAGE. (a) Storage of industrial byproducts for beneficial use shall meet the performance standards specified in s. NR 538.04. Storage facilities shall also satisfy all of the following: 1. The storage facility shall meet a…

NR 538.18 Public participation. (1) NOTIFICATION. Except as provided in sub. (2), no person may initiate a beneficial use project where the volume of the industrial byproduct to be used is greater than 30,000 cubic yards, or construct or operate a permanent or temporary storage f…

NR 538.20 Environmental monitoring. (1) The department may require environmental monitoring for beneficial use projects subject to this chapter that do not meet the beneficial uses described in s. NR 538.10 or are subject to a case-specific approval under s. NR 538.09. (2) FULLY …

NR 538.22 Property owner notification. (1) Written notice shall be provided to all owners of property on which any volume of industrial byproducts is utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10 (2). This notice shall be provided…

NR 538.24 Excavation of existing geotechnical fill. (1) GENERAL. An owner of property where industrial byproducts had previously been used as geotechnical fill in accordance with the provisions of this chapter, or the owner[s designee, may petition the department for approval to …

NR 540.01 Purpose. The purpose of these rules is to establish minimum standards for waste separation and recycling collection facilities as required by ch. 287, Stats. History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

NR 540.02 Applicability. These rules apply to waste separation and recycling collection facilities for newsprint, aluminum, glass and plastic to be located at landfills accepting residential waste from the public and disposing of less than 50,000 tons of residential waste a year;…

NR 540.03 Definitions. (1) XAluminumY means aluminum cans. (2) XCritical habitat areasY means any habitat determined by the department to be critical to the continued existence of any endangered or threatened species listed in ch. NR 27. (3) XDepartmentY means the department of n…

NR 540.04 Location requirements. (1) GENERAL. No person may establish, construct, operate or maintain a waste separation and recycling collection facility in a floodplain or a wetland or that causes a take of an endangered or threatened species or other activity prohibited under …

NR 540.05 License exemption. A solid waste facility license is not required for a waste separation and recycling collection facility developed in compliance with these rules. Note: Other local, state and federal requirements may apply. History: Cr. Register, July, 1988, No. 391, …

NR 540.06 Design and operation standards. Waste separation and recycling collection facilities shall meet the following requirements: (1) Facilities for newsprint shall provide protection from precipitation and direct exposure to sunlight. It is recommended that facilities for al…

NR 540.07 Notification. Any person required to provide for a waste separation and recycling collection facility shall, upon the development of the waste separation and recycling collection facility, notify the appropriate department area office with the following information: (1)…

NR 540.08 Public information and education. Any person required to provide for a waste separation and recycling collection facility shall publish in the local telephone directory a listing of the telephone number of a responsible official for the waste separation and recycling co…

NR 540.09 Annual report. A person required to provide for a waste separation and recycling collection facility shall, by March 1 of each year, submit a report to the appropriate department area office describing for the previous calendar year the amount of material collected, the…

NR 540.10 Application for exemption. An exemption from the requirement to establish and operate a waste separation and recycling collection facility may be granted in writing by the department to any person who is required to establish a facility as described in ch. 287, Stats., …

NR 540.11 Enforcement. Any person who violates this chapter is subject to the penalties specified in s. 299.97, Stats. History: Cr. Register, July, 1988, No. 391, eff. 8-1-88. the chapter was last published.

NR 542.01 Purpose. The purpose of this chapter is to establish rules for the implementation and administration of a grant program for planning, constructing, or operating effective recycling programs in accordance with ss. 287.11 (2) (a) to (h) and 287.23, Stats. History: Cr. Reg…

NR 542.02 Applicability and cross referencing. This chapter applies to all applicants and recipients of funding under s. 287.23, Stats., for planning, constructing, or operating a recycling program. History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 23-065: am. Register …

NR 542.03 Definitions. In this chapter: (1) XAvoided disposal costsY has the meaning specified in s. 287.23 (1) (ar), Stats. (2) XCapital expensesY means construction or acquisition costs including improvements or equipment costing $1,000.00 or more and with an expected life of 3…

NR 542.05 Eligible and ineligible costs. (1) ELIGIThe grantee[s effective recycling program costs, net of the sale of recovered materials, that are reasonable and necessary for planning, constructing, or operating an effective recycling program during a grant year are eligible fo…

NR 542.06 Distribution of grant assistance. 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 distributed as described under s. 287.23 (5b) and (5p), Stats.

NR 542.07 Grant assistance application. (1) PROA completed application shall be submitted to the department by October 1 in the year preceding the year for which the assistance is sought. An application shall be made on forms provided by the department and submitted in accordance…

NR 542.09 Grant payments. The department shall disburse all grant payments no later than June 1 of the year for which the grant is made. Note: Forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, P.O. Box 7921, M…

NR 542.10 Grantee accountability. (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. (…

NR 542.11 Grant variances. 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…

NR 542.13 Repayment of awards. The department may request repayment of all or part of a grant award if it determines at least one of the following has occurred: (1) The responsible unit spent grant funds on activities not eligible for assistance under s. NR 542.05. History: Cr. R…

NR 542.14 Enforcement. 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: (2) Program costs directly related to the noncompliance may be declared ineligible. (3) Payment otherwise …

NR 544.01 Purpose. 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 effec…

NR 544.02 Applicability. 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. (3) Materials recovery facilitie…

NR 544.03 Definitions. In this chapter: (1) XBi-metal containerY means a container for beverages that is made primarily of a combination of steel and aluminum. (4) XCurbside collectionY means a system for collecting recyclable materials from residential properties, including from…

NR 544.04 Required components of an effective recycling program. The effective recycling program of a responsible unit shall include all of the following components: (1) A public information and education program that is reviewed by the responsible unit at least annually to confi…

NR 544.05 Collection and processing systems. (1) COLLECTION SYSTEMS. (a) General requirements. Except as provided under sub. (3), systems for collecting the materials specified under s. 287.07 (3) and (4), Stats., from single family and 2 to 4 unit residences shall meet all of th…

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 ordin…

NR 544.07 Record-keeping requirements. A responsible unit subject to this chapter shall maintain records supporting its application and documenting its compliance with this chapter. The records shall be available for department review. The responsible unit shall retain its record…

NR 544.08 Application for initial program or alternative collection or processing system approval. (1) APPLICATION. A responsible unit seeking an initial determination that its program is an effective recycling program or the approval of an alternative collection or processing sy…

NR 544.09 Initial program or alternative collection or processing system approval process. Upon receipt of a complete application, the department shall either approve or NR 544.10 disapprove the application in writing within 90 days. The determination of the department shall be b…