287.11 Effective recycling programs. (1) DEPARTMENT REVIEW. Upon request of a responsible unit, the department shall review documentation of the responsible unit’s solid waste management program created under s. 287.09 (2) (a) and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. (2) EFFECTIVE PROGRAM CRITERIA FOR RESPONSIBLE UNITS. A responsible unit’s solid waste management program is an effective recycling program if it includes all of the following: (a) A public education component to inform residents of the
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 287.07 (3) and (4). (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region. (c) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following: 1. Provide adequate, separate containers for the program established under par. (b). 2. Notify tenants at the time of renting or leasing the dwelling and semiannually thereafter of the programs under this paragraph and par. (b). 3. Provide for the collection of recyclable materials separated from solid waste by the tenants and the delivery of the recyclable materials to a recycling facility. (d) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following: 1. Provide adequate, separate containers for the program established under par. (b). 2. Regularly notify all users and occupants of the facilities of the programs under this paragraph and par. (b). 3. Provide for the collection of recyclable materials separated from solid waste by the users and occupants and the delivery of the recyclable materials to a recycling facility. (e) A system for collecting from single-family residences in the region any materials separated pursuant to par. (b). (em) A system for the processing and marketing of recyclable materials collected by the responsible unit or by municipalities located in the responsible unit. (er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 287.07 (3) and (4) that is separated for recycling as part of the program. (ew) Provisions for the management of postconsumer waste that is not separated for recycling or recovery under par. (b) consistent with the highest feasible priority under s. 287.05 (12). (f) Other provisions established by the department by rule. (g) Adequate enforcement of the programs established under pars. (b) to (f). (h) The equipment or means necessary to implement pars. (a), (b), (e), (em) and (g), including contracts for service, staff, supplies and equipment from vendors. (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility. (2m) VARIANCE. (a) In this subsection: 1. “Cost of disposing of processed material” means the gross cost of transferring processed material to a solid waste disposal facility and disposing of the processed material in the facility, including any disposal costs not paid through fees charged by the facility. 2. “Cost of selling processed material” means the net cost, including any storage costs, of selling processed material to a broker, dealer, or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer, or manufacturing
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facility, less the portion of any state financial assistance received under s. 287.23 attributable to the processed material. 3. “Processed material” means a component of solid waste that has been collected, transported to a waste processing facility and prepared for sale to a broker, dealer or manufacturer. (b) The department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit’s region if the department determines that the cost of selling processed material exceeds any of the following: 1. Forty dollars per ton of processed material, as annually adjusted by the department to reflect changes in price levels due to inflation since 1989. 2. The cost of disposing of processed material. (c) The department may on its own initiative grant, to one or more responsible units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units’ regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2. (2p) MATERIALS EXCEPTED FROM PROHIBITIONS ON LAND DISPOSAL AND INCINERATION. (a) The requirements of sub. (2) (b) and (er) do not apply to a material that is subject to an exception under s. 287.07 (7) (b), (bg) or (c) or a waiver or conditional waiver under s. 287.07 (7) (h). (b) The requirements of sub. (2) (er) do not apply to a material that is subject to an exception under s. 287.07 (7) (f) or a waiver or conditional waiver under s. 287.07 (7) (g). (c) The department may grant a responsible unit an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d). (d) A responsible unit may not prohibit the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility’s plan of operation under s. 289.30. (e) A responsible unit may not prohibit the disposal in a solid waste disposal facility or the burning in a solid waste treatment facility of any material for which the department has granted a waiver or conditional waiver under s. 287.07 (7) (g). (2s) NOTIFICATION. (a) The department shall notify the department of agriculture, trade and consumer protection whenever variances granted under sub. (2m) (b) for a plastic container, foam polystyrene packaging or any type of packaging that contains carbonated or malt beverages are in effect for responsible units representing 25 percent or more of the state’s population. (b) The department shall notify the department of agriculture, trade and consumer protection if, within 2 years after providing notification under par. (a) for a packaging material, the condition under par. (a) no longer exists for that packaging material. (3) LIST. The department shall prepare and periodically update a list of responsible units that have an effective recycling program. History: 1989 a. 335, 359; 1993 a. 245, 345; 1995 a. 142; 1995 a. 227 s. 894; Stats. 1995 s. 287.11; 1997 a. 27, 60; 1999 a. 9; 2001 a. 16; 2003 a. 321; 2011 a. 32; 2013 a. 166. Note: The U.S. Seventh Circuit Court of Appeals in National Solid Waste Management Assn. v. Meyer, 165 F.3d 1151 (1999), held unconstitutional the requirement that out-of-state waste may not be disposed of in this state unless the originating community enacts an ordinance in compliance with Wisconsin’s recycling program. Cross-reference: See also chs. NR 542 and 544, Wis. adm. code.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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287.13 Municipal waste flow control; required use of recycling or resource recovery facility. (1) DEFINITIONS. In this section: (b) “Collection” means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to a facility for transfer, processing or disposal. (d) “Facilities for the recycling of solid waste or for the recovery of resources from solid waste” means facilities the primary use of which is to convert or recycle solid waste into usable materials, products or energy or to incinerate solid waste for energy recovery. (e) “Municipality” means a county, a city, a village or a town if the town has a population of 10,000 or more. Notwithstanding the fact that the population of a town is less than 10,000, if the town enters into an agreement with a city or village concerning the establishment of a facility for the recycling of solid waste or for the recovery of resources from solid waste and concerning the required use of that facility, the town shall be considered a municipality except the town may not be the municipality responsible for a facility. (f) “Local unit of government” includes a county, city, village, town, school district, county utility district, sanitary district or metropolitan sewerage district. (g) “Person” includes individuals, partnerships, associations, limited liability companies, corporations and local units of government. (h) “Recycling” means the transfer, transporting, processing, marketing and conversion of solid wastes into usable materials or products and includes the stockpiling and disposal of nonusable portions of solid wastes, but does not include the collection of solid wastes. (i) “Sewage or industrial waste sludge” means the residue material resulting from the treatment of sewage or industrial waste water. (2) REQUIRED USE; IMPLEMENTATION PROCEDURE. A municipality may require any local unit of government, occupant of a single-family or multifamily residence, retail business, commercial business or industry to use a facility for the recycling of solid waste or for the recovery of resources from solid waste generated within the limits of the municipality which is not exempt under sub. (5) if: (a) The municipality adopts an initial intent resolution. (b) The municipality prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department. (c) The municipality determines that required usage of the facility is in the best public interest. (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained. (e) The municipality adopts a valid solid waste flow control ordinance and issues a required use order. (3) REQUIRED USE; JOINT IMPLEMENTATION PROCEDURE. Two or more municipalities may enter into an agreement concerning the establishment of a facility for the recycling of solid waste or for the recovery of resources from solid waste and concerning the required use of that facility. The municipalities which enter into this type of agreement may require any local unit of government, occupant of a single-family or multifamily residence, retail business, commercial business or industry to use a facility for the recycling of solid waste or for the recovery of resources from solid waste generated within the limits of those municipalities which is not exempt under sub. (5) if:
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(a) Each of the municipalities adopts an initial intent resolution. (b) The municipality which is responsible for the facility prepares or arranges for the preparation of a comprehensive facility project description report and submits this report to the department. (c) Each of the municipalities determines that the required use is in the best public interest. (d) The facility is constructed, operated, maintained, expanded, modified and closed in compliance with this chapter and chs. 281, 285 and 289 to 299 and all necessary permits, licenses and approvals required by the department are obtained. (e) Each of the municipalities adopts a valid solid waste flow control ordinance and issues a required use order. (4) REQUIRED USE; CONFLICTS BETWEEN MUNICIPALITIES. (a) Conflicts in nonpopulous counties. If one municipality has a valid initial intent resolution, no other municipality may adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the first municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict. This paragraph is not applicable to a county with a population of 750,000 or more or to any municipality in this type of county. (b) Conflicts in a populous county. 1. If a city, a village or a town which is a municipality in a county with a population of 750,000 or more has a valid initial intent resolution, the county may not adopt an initial intent resolution or municipal waste flow control ordinance which covers the same type of solid waste generated in the same recycling or resource recovery area unless the city, a village or a town which is a municipality revises its initial intent resolution or adopts a municipal waste flow control ordinance so that there is no conflict. 2. An initial intent resolution for a county with a population of 750,000 or more is not valid for a city, a village or a town which is a municipality in that county if the city, a village or a town which is a municipality adopts a resolution of refusal to participate in a county waste flow control program within 6 weeks after the county initial intent resolution is adopted and if the city, a village or a town which is a municipality adopts an initial intent resolution of its own within 3 months after the county initial intent resolution is adopted. (5) EXEMPTION FOR CERTAIN SOLID WASTES. A municipality may not require the use of a facility for: (a) Solid waste produced by a retail business, commercial business or industry which is privately processed and reused. (b) Solid waste consisting of scrap, new material or used material which is separated from other waste for sale, reuse or recycling. (c) Solid waste from a single-family dwelling which is disposed of on or held for disposal on land surrounding the dwelling by a person who owns or leases and occupies the dwelling and owns or leases the surrounding land. (d) Solid waste which is sewage or industrial waste sludge. (e) Solid waste produced by a commercial business or industry which is disposed of or held for disposal in an approved facility, as defined under s. 289.01 (3), or a mining waste site, as defined in s. 295.41 (31), covered by a mining permit under s. 295.58, owned or leased by the generator or on which the generator holds an easement and designed and constructed for the purpose of accepting that type of solid waste. (f) Solid waste received and processed by a recycling or resource recovery facility which exists on January 1, 1984, or for
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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which a feasibility report, a permit application or other application is submitted to the department on or before January 1, 1984. (g) Solid waste generated within a town if the town voluntarily has entered into an agreement or contract with a city or village for the recycling or the recovery of resources from these wastes and if the city or village has adopted a waste flow control ordinance or if the facility operated by the city or village may receive waste under par. (f). (h) Solid waste which is a type of waste which the municipality determines is unsuitable for recycling or resource recovery at the facility. (i) Solid waste that consists of eligible electronic devices, as defined in s. 287.17 (1) (gs), used by households or covered schools. (6) INITIAL INTENT RESOLUTION. A municipality may adopt an initial intent resolution at any time except as provided under sub. (4) and except that a municipality may not adopt more than one initial intent resolution covering a specific recycling or resource recovery service area within a 10-year period. An initial intent resolution remains valid only if a comprehensive facility project description report is submitted within 2 years after that resolution is adopted and if a municipal waste flow control ordinance is adopted within 5 years after that resolution is adopted. An initial intent resolution shall include: (a) A statement of the municipality’s intention to establish or utilize or to contract for the establishment or utilization of a facility for the recycling of solid waste or for the recovery of resources from solid waste or, if the municipality enters into an agreement under sub. (3) but is not the responsible municipality, a statement of the municipality’s intention to participate in that project. (b) A statement of the municipality’s intention to adopt a solid waste flow control ordinance. (c) A description of the types of solid waste which may be subject to the ordinance. (d) A description of the anticipated recycling or resource recovery area which may be subject to the ordinance. (7) COMPREHENSIVE FACILITY PROJECT DESCRIPTION REPORT. After an initial intent resolution is adopted and prior to the adoption of a waste flow control ordinance, the responsible municipality is required to prepare or arrange for the preparation of a comprehensive facility project description report and submit it to the department for review in order to assess the environmental regulatory permits, licenses and approvals required for the facility and to determine the acceptability of the proposed effective period. At a minimum, this report shall include: (a) A detailed description of the proposed facility for the recycling of solid waste or for the recovery of resources from solid waste, including details on facility size and location, preliminary engineering design plans, a study of the required waste quantities and waste composition and a detailed report of the facility anticipated capital and operating costs. (b) A detailed description of methods for transporting solid wastes to the facility including transportation routes, transfer facilities and estimates on proposed collection, storage, transportation and residual disposal costs. (c) An identification of energy or material markets; a project timetable and implementation schedule; an identification of parties responsible for facility procurement; and a summary of the tipping fee, schedule of rates and other charges required for facility implementation. (d) An identification of the quantity, composition and types of solid waste to be processed at the proposed facility for the recycling of solid waste or for the recovery of resources from solid waste, an identification of the quantity, composition and types of solid waste in the municipality which are not to be processed at
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that facility, plans for the treatment or disposal of this residual solid waste and a summary of the economic and environmental impacts of the reduction in volume or the change in characteristics of the residual solid waste on existing solid waste treatment and disposal facilities serving the recycling or resource recovery area. (e) The proposed effective period for any municipal waste flow control ordinance adopted for the facility. The department shall determine if the proposed effective period is acceptable based upon all of the following: 1. The expected life of the facility. 2. The length of time required to finance the capital cost of the facility. 3. The potential for the development of improved or alternate methods or technology for the recycling or the recovery of resources from the types of solid waste to be processed at the facility. (7m) AMENDMENT OF RESOLUTION OR REPORT. A municipality may amend an initial intent resolution adopted under sub. (6) or a comprehensive facility project description report prepared under sub. (7) before the adoption of the municipal waste flow control ordinance. If the amendment is adopted after the public hearing under sub. (9), the municipality shall publish a notice of the amendment and the opportunity for a hearing, and shall conduct a public hearing if requested by 6 or more residents of the municipality. After the public hearing, or after the deadline for requesting a hearing if none is requested, the municipality shall issue a modified determination concerning best public interest under sub. (8) and any person adversely affected by the municipality’s modified determination concerning best public interest may appeal the determination under ch. 68. (8) BEST PUBLIC INTEREST; CRITERIA. A municipality may determine that a required usage is in the best public interest if it finds the: (a) Required use will result in reuse or recovery of material from solid waste. (b) Required use will lessen the demand for solid waste disposal facilities. (c) Required use will conserve natural resources or energy. (d) Required use is necessary to obtain the type and quantity of solid waste necessary for operational volumes needed to make the facility economically feasible. (e) Alternatives to required use which may be used to obtain the necessary type and quantity of solid waste have been compiled, analyzed and considered. (f) Required use is consistent with planning efforts of the municipality. (h) Operation of the facility is technically feasible and will not result in significant adverse environmental impacts based upon a comprehensive facility project description report prepared under sub. (7). (i) Required use and operation of the facility will be responsive to the extent feasible with legitimate public concerns expressed at the public hearing under sub. (9). (j) Construction, operation, maintenance, expansion, modification and closure of the facility will comply with chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department will be obtained. (k) Proposed effective period is reasonable based upon the factors specified under sub. (7) (e) 1. to 3. (9) BEST PUBLIC INTEREST; HEARING; APPEALS. (a) A municipality shall conduct a public hearing and permit public participation at that hearing prior to issuing any determination concerning best public interest under sub. (8).
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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(b) Any person adversely affected by the municipality’s determination concerning best public interest under sub. (8) may appeal the determination under ch. 68. (10) MUNICIPAL WASTE FLOW CONTROL ORDINANCE. Except as provided under sub. (4), a municipality may adopt a municipal waste flow control ordinance if the municipality adopted an appropriate initial intent resolution under sub. (6), if the municipality or, if the municipality enters into an agreement under sub. (3), the responsible municipality submitted the necessary comprehensive facility project description report required under sub. (7), if the municipality issued a determination of best public interest utilizing criteria under sub. (8) after conducting the hearing required under sub. (9) and if the facility complies with this chapter and chs. 281, 285 and 289 to 299 and all permits, licenses and approvals required by the department are obtained. The municipal waste flow control ordinance shall include: (a) A description of the applicable facility for the recycling of solid waste or for the recovery of resources from solid waste. (b) A description of the recycling or resource recovery area subject to the ordinance and for which a required use order may be issued. (c) A description of the types and quantities of solid waste which are subject to the ordinance and for which a required use order may be issued. (d) A description of the persons who are subject to the ordinance and who may be required to use the facility under a required use order. (e) A description of the minimums and maximums for the tipping fee, schedule of rates and other charges which may be imposed for use of the facility without amendment or revision of the ordinance. (f) The effective period of the municipal waste flow control ordinance. The effective period and any revision of the effective period is required to be approved by the department based upon factors specified under sub. (7) (e) 1. to 3. A municipal waste flow control ordinance is not valid after the expiration of its effective period. (g) A description of the methods proposed to be used to meet the recycling requirements of sub. (17). (11) REQUIRED USE ORDER. A municipality may issue a required use order following the procedures required under sub. (12) if it adopted a municipal waste flow control ordinance and if the order is consistent with that ordinance. A required use order shall include: (a) A description of the specific recycling or resource recovery area subject to the order. (b) Specification of the types and quantities of solid waste subject to the order. (c) A summary of the plans for the use of the solid waste. (d) A description of the point or points where the solid waste is to be delivered or where the solid waste will be collected under the order. (e) A summary of the tipping fee, rates and other charges which will be imposed for use of the facility under the order. (12) NEGOTIATION. A municipality shall proceed as follows in issuing a required use order which requires use of a facility for the recycling of solid waste or for the recovery of resources from solid waste: (a) The municipality shall notify those persons who are subject to the required use order at least 90 days prior to the effective date of that order. The municipality shall notify in writing all licensed collectors operating in the recycling or resource recovery area at least 90 days prior to the effective date of that order. The municipality shall notify other local units of government in the
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recycling or resource recovery area by providing a written notice to the clerk of those units of government. The municipality shall notify in writing the owner or operator of all solid waste disposal and treatment facilities located in or serving generators located in the recycling or resource recovery area at least 90 days prior to the effective date of that order. In addition, the municipality shall publish a class 3 notice, under ch. 985, in a newspaper having general circulation in the area. Each notification shall include information specified under sub. (11) (a) to (e). (b) If a municipality fails to notify a person required to be notified under par. (a), the required use order is not effective and may not be enforced with respect to that person. If a municipality fails to notify the owner or operator of a solid waste disposal or treatment facility as required under par. (a), the required use order is not effective and may not be enforced with respect to that owner or operator or to a person furnishing solid waste to the owner or operator. (c) During the 90-day period following the notification, the municipality shall negotiate with any or all of the persons subject to or affected by the required use order and attempt to develop a contractual agreement on the terms of required usage of the facility. (d) In negotiating under this subsection, the municipality shall consider penalty fees, charges imposed and other financial consequences which will result from the termination of existing service contracts if a required use order takes effect and is enforced. (e) If a contract is not entered into on or before the end of the 90-day period, or if, in the case of a person other than a local unit of government, the person does not make adequate arrangements for the processing for reuse of the waste generated by it, the municipality shall hold a public hearing on the matter and take testimony for and against the required use of the facility. (f) If a contract is not entered into within 30 days after the public hearing, or if, in the case of a person other than a local unit of government, the person does not make adequate arrangements for the processing for reuse of the waste generated by it, the municipality may issue a special enforcement order requiring any person given notice to use the facility, starting on a specified date at least 30 days after the special enforcement order is issued. (g) The municipality shall provide procedures so that any person adversely affected by the issuance of a special enforcement order may appeal that decision under ch. 68. (13) TERMINATION OF REQUIRED USE. (a) A municipality may not terminate, suspend or curtail services provided to any person required to use a facility under this section without that person’s consent. (b) The obligations of a person under a required use order issued under this section may not be terminated or affected unless the municipality consents to the termination or revision. (c) A municipality shall consent to the termination or revision of a required use order if the person subject to the order establishes that solid waste generated by that person will be recycled or treated for the recovery of resources and that: 1. The proposed recycling or recovery of resources is economically efficient; 2. The proposed recycling or recovery of resources would not reduce the type or quantity of solid waste available to the facility for which the required use order was issued to such an extent that the facility could not maintain minimum operational volumes necessary to fulfill existing contractual obligations for products or energy or necessary to make the facility economically feasible; and 3. The proposed recycling or recovery of resources results in a higher or better use of solid waste resources. A higher or better use of solid waste resources results if:
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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a. Recyclable or reusable materials are derived from the solid waste resources; or b. Energy is derived from the solid waste resources. (15) FEE AND RATE REVIEW. The tipping fee, rates and other charges and any revision in the tipping fee, rates and other charges established by a municipality for use of a facility for the recycling of solid waste or for the recovery of resources from solid waste which is required under this section are subject to review under ch. 68. (16) PERMITS, LICENSE AND APPROVALS; REPORT REVIEW AND FEES; PROOF OF FINANCIAL RESPONSIBILITY. (a) A municipality may not construct, operate, maintain, expand, modify or close any facility for the recycling of solid waste or for the recovery of resources from solid waste in violation of chs. 281, 285 and 289 to 299 or without any license, permit or approval required by the department. (b) The department shall review each comprehensive facility project description report submitted under sub. (7) and may require a municipality to pay a fee to cover costs incurred by the department associated with this review. (c) The department may require a municipality to maintain proof of financial responsibility to ensure the availability of funds necessary for closure costs associated with the closing of a facility for the recycling of solid waste or for the recovery of resources from solid waste, and to remedy, abate or prevent hazards to public health or the environment. (17) INCINERATION; RECYCLING REQUIREMENTS. (a) In this subsection, “incinerator” means a device which maintains a controlled process by which solid waste is thermally altered into gases and residue containing little or no combustible material. (b) A municipality which adopts a waste flow control ordinance may not operate an incinerator as one of the means of recycling solid waste unless the department certifies that the requirements of par. (bg) are met. (bg) Solid waste of each type to be incinerated, as determined in the air permit under s. 285.60, shall be recycled by means other than incineration to the extent of economic feasibility. (e) This subsection applies to incinerators in operation on and after July 1, 1989. History: 1983 a. 27, 192, 425; Stats. 1983 s. 144.794; 1985 a. 120; 1987 a. 27; 1989 a. 31; 1989 a. 56 ss. 177, 259; 1989 a. 335 ss. 57 to 57j, 59, 61 to 63; Stats. 1989 s. 159.13; 1991 a. 39; 1993 a. 112; 1995 a. 227 s. 896; Stats. 1995 s. 287.13; 2009 a. 50; 2013 a. 1; 2017 a. 207 s. 5; 2021 a. 79.
287.15 Waste oil collection and recycling. (1) DEFINITIONS. As used in this section, unless the content requires otherwise: (a) “Automotive engine oil” means any oil to be used in the engine or crankcase of a motor vehicle. (b) “Consumer” means a person who, for personal or family purposes, purchases or uses automotive engine oil or generates, collects, stores or transports engine waste oil in quantities of less than 200 gallons per year. (c) “Engine waste oil” means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled. (d) “Fuel oil” means any oil to be burned to produce heat. (e) “Motor vehicle” means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile or vehicle which travels on or off roads or highways. (f) “Reclaimed oil” means engine waste oil which is processed by settling, dehydration, filtration or mixing, or combinations of those procedures, which removes some of the harmful
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physical and chemical characteristics which are acquired through use. (g) “Recycled oil” means re-refined oil or reclaimed oil. (h) “Re-refined oil” means engine waste oil which is processed by high temperature distillation and chemical treatment or any other process which removes all harmful physical and chemical characteristics acquired through use. (i) “Retail sales establishment” means a person who is engaged in the business of selling automotive engine oil to consumers. (j) “Service establishment” means a person who is engaged in the business of servicing and removing automotive engine oil from motor vehicles for consumers. (k) “Waste oil” means any oil after use or which is contaminated through storage or handling before that oil is recycled. (2) WASTE OIL COLLECTION. (a) Retail sales establishment. A retail sales establishment: 1. Shall maintain an engine waste oil collection facility for the temporary storage of engine waste oil returned by consumers and post at least one sign at the location of sale which contains wording similar to: “Engine waste oil collection facility. Please return your waste oil here.”; or 2. Shall post at least one sign at the location of sale which contains wording similar to: “Engine waste oil can be recycled. Please return your waste oil to a waste oil storage facility. The nearest waste oil storage facility is located .... and is open ....”. The sign shall describe the location and the days and hours of operation. (b) Approved waste oil collection facilities. The department shall establish by rule standards for the approval of certain types of facilities to be used for engine waste oil collection. (c) Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289. (d) Compliance with solid and hazardous waste regulations. Except as provided under par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (3) WASTE OIL STORAGE FACILITIES. (a) Required storage facilities. 1. As used in this paragraph, “adequate engine waste oil storage facilities” means at least the minimum number of separate engine waste oil storage facilities each with a capacity of at least 250 gallons, approved by the department and accessible to the public. The department shall establish standards for the approval of certain types of facilities to be used for engine waste oil storage. These standards may allow the same facility to serve as an engine waste oil collection facility and an engine waste oil storage facility. 2. The minimum number of engine waste oil facilities for a city, village or town located in a county with a population of 50,000 or more is: a. Zero if the population is less than 3,500. b. One if the population is at least 3,500 but less than 25,000. c. Two if the population is at least 25,000 but less than 100,000. d. Three if the population is at least 100,000, plus one for each additional 100,000 of population. 3. The minimum number of engine waste oil storage facilities for a county with a population under 50,000 is one. 4. A city, village or town located in a county with a popula-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
SOLID WASTE REDUCTION, RECOVERY AND RECYCLING
tion of 50,000 or more shall provide for adequate engine waste oil storage facilities if these facilities do not exist. 5. A county with a population of less than 50,000 shall provide for an adequate engine waste oil storage facility if a facility does not exist. (b) Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer. (c) Compliance with solid and hazardous waste regulations. Except as provided under par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (4) WASTE OIL TRANSPORTATION. (a) Exemptions. 1. The department shall exempt a consumer from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil. 2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil. (b) Compliance with solid and hazardous waste regulations. Except as provided under par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil. (c) Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of chs. 289 and 291 and rules promulgated under these chapters. When issuing the license under s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil. (5) WASTE OIL RECYCLING. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (6) SALE OF RECYCLED OIL. (a) Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel “RE-REFINED OIL” and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency. (b) Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel “RECLAIMED OIL” and unless the container complies with the labeling standards established by
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the federal trade commission and environmental protection agency. (7) STATE CONTRACTS; USE OF RE-REFINED OIL. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil. (8) PROMOTION OF RECYCLED OIL. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment. History: 1979 c. 221; 1981 c. 374 s. 148; 1987 a. 384; 1989 a. 335 s. 51; Stats. 1989 s. 159.15; 1995 a. 227 s. 897; Stats. 1995 s. 287.15. Cross-reference: See also ch. NR 679, Wis. adm. code.