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., if other waste separation and recycling
collection facilities are required, if an adequate number of facilities already
exist or if the collection and sale of the recovered materials is not
economically feasible. The exemption may be granted for any of the 4 materials
to be collected and recycled, either individually or jointly. A request for an
exemption shall be made in writing to the appropriate department district
office. Exemptions shall be valid for a period of no more than 2 years, but may
be renewed by the department.
(1)
EXEMPTION BASED ON REQUIREMENTS FOR OR ADEQUACY OF EXISTING FACILITIES.
(a)
Municipal facilities.
The following information shall be submitted by a municipality to request an
exemption from the requirement for a waste separation and recycling collection
facility within a municipality, based on the requirements for waste separation
and recycling collection facilities at solid waste disposal facilities or the
availability of adequate existing waste separation and recycling collection
facilities:
1. The name of the
municipality,
2. The population of
the municipality,
3. The required
number of facilities, and
4. A
description of any existing adequate waste separation and recycling collection
facilities including location, materials collected and the name, address and
telephone number of a responsible official for the facility or a description of
any waste separation and recycling collection facilities required at solid
waste disposal facilities that accept residential waste from the municipality.
Note: The primary responsibility for providing the required
waste separation and recycling collection facilities is on the owner or
operator of a solid waste disposal facility which receives less than 50,000
tons of residential solid waste per year. Municipalities which have the
responsibility to provide waste separation and recycling collection facilities
are required to provide these facilities if these facilities are not required
at the solid waste disposal facilities that accept waste from the municipality
or unless otherwise exempted.
(b)
Waste separation and recycling
collection facility at solid waste disposal facilities. An exemption
for a waste separation and recycling collection facility at a solid waste
disposal facility based on the availability of adequate existing waste
separation and recycling collection facilities shall be granted only if all
municipalities served by the solid waste disposal facility have adequate waste
separation and recycling collection facilities. The following information shall
be submitted by the owner or operator of a solid waste disposal facility to
request an exemption from the requirement for a waste separation and recycling
collection facility at a solid waste disposal facility, based on the
availability of adequate existing waste separation and recycling collection
facilities:
1. The name of the owner and
license number of the solid waste disposal facility.
2. A list of all municipalities served by the
solid waste disposal facility.
3.
For each municipality listed in subd. 2., a description of the existing
adequate waste separation and recycling collection facilities including
location, materials collected, and the name, address and telephone number of an
official responsible for each waste separation and recycling collection
facility.
(2)
EXEMPTION BASED ON LACK OF ECONOMIC FEASIBILITY. Exemptions may be granted if
the department determines that the collection and recycling of the material is
not economically feasible. Such an exemption may be granted only if the cost
per ton of collection and recycling exceeds 150% of the current cost per ton of
solid waste management. All requests for an exemption from the requirement for
a waste separation and recycling collection facility because such a facility is
not economically feasible shall provide the following information:
(a) For a facility within a municipality, the
municipality shall provide:
1. The name of
the municipality,
2. The population
of the municipality,
3. An estimate
of the quantity of annually available recoverable materials, the expected rate
of recovery and the expected amount of material that could be recovered
annually,
4. Anticipated costs to
collect, process and transport recovered materials to a market,
5. The name and address of the market for the
recoverable material,
6. The price
paid by the market for the material,
7. The net cost on a per ton basis of
collecting and recycling the material,
8. The current cost on a per ton basis of
solid waste collection, transportation, treatment and disposal, and
9. Documentation that it is uneconomical or
not practical to jointly transport recyclable materials to markets in
cooperation with nearby recycling collection programs.
(b) For a waste separation and recycling
collection facility at a solid waste disposal facility, the owner or operator
of the solid waste disposal facility shall provide:
1. The name of the owner and the license
number of the solid waste disposal facility,
2. A list of all municipalities served by the
solid waste disposal facility and their population,
3. An estimate of the quantity of annually
available recoverable materials, the expected rate of recovery and the amount
of material that could be recovered annually,
4. Anticipated costs to collect, process and
transport recovered material to a market,
5. The name and address of the market for the
recoverable material,
6. The price
paid by the market for the material,
7. The net cost on a per ton basis of
collecting and recycling the material,
8. The current cost of solid waste disposal
at the solid waste disposal facility, and
9. Documentation that it is uneconomical or
not practical to jointly transport recyclable materials to a market in
cooperation with nearby recycling collection programs.
