Wisconsin Administrative Code
Department of Natural Resources
NR 500-599 - Environmental Protection - Solid Waste Management
Chapter NR 540 - Waste separation and recycling collection facilities
Section NR 540.10 - Application for exemption

Universal Citation: WI Admin Code § NR 540.10

Current through February 24, 2025

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.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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