(1) GENERAL REQUIREMENTS. The owner or
operator of a
materials recovery facility that serves as a component of a
responsible unit's effective recycling program shall do all of the following:
(a) Operate and maintain the facility in a
nuisance-free and environmentally sound manner.
(b) Maintain records to verify that not less
than 75% of the volume of recyclable materials accepted were recycled or
transported from the facility within 12 months of receipt at the facility,
unless otherwise approved by the department.
(c) Maintain recyclable materials in
marketable condition.
(2) SELF-CERTIFICATION REQUIRED.
(a) Unless exempt under par. (b), the owner
or operator of a materials recovery facility that serves as a component of a
responsible unit's effective recycling program shall certify to the department
that it meets the requirements of subs. (3) to (8).
(b) Single commodity materials recovery
facilities are exempted from the self-certification requirements unless the
department determines that self-certification is necessary to ensure compliance
with the requirements in sub. (1). A self-certification determination shall be
effective for a period of one year.
(3) SELF- CERTIFICATION OF OPERATION.
(a) The owner or operator of a
materials
recovery facility shall submit a self-certification for operation prior to
first accepting recyclable materials from any responsible unit. The owner or
operator shall submit all of the following information to the
department on a
form supplied by the
department:
Note: This form, or specific data formats for electronic
submittal of the form, may be obtained from the Department of Natural
Resources, Bureau of Waste Management at 101 S. Webster St., P.O. Box 7921,
Madison, WI 53707.
1. The name of the
owner and operator, and corresponding mailing addresses and telephone
numbers.
2. The legal name of the
materials recovery facility and the street address and telephone number at that
location.
3. A description of the
materials recovery operations and the days and hours during which services are
provided.
4. A list of all
responsible units that use the materials recovery facility.
5. A list of all recyclable materials
accepted at the materials recovery facility.
6. A statement describing whether incoming
recyclable materials are received pre-sorted into individual commodities or
commodity groups, or collected in a single-stream or other alternative
collection system.
7. The covered
storage capacity for recyclable materials.
8. The exposed storage capacity for
recyclable materials, the types and maximum quantities of recyclable materials
to be stored outdoors at any time, and the procedures used to prevent discharge
of contaminants to the environment from these materials.
9. Certification that the storage capacity is
adequate to maintain the quality and quantity of the recyclable materials for
markets.
10. The processing
capacity of the materials recovery facility for recyclable materials.
11. Certification that the processing
capacity of the materials recovery facility is adequate to accommodate the
anticipated quantities of recyclable materials that will be received.
12. A description of the procedures used to
prevent nuisance conditions at the materials recovery facility.
13. Information on the total quantity of
residual material generated at the materials recovery facility during the
previous calendar year and the percentage of the total amount of incoming
recyclable materials that was residual material during the previous calendar
year.
14. The procedures used to
minimize residual material.
15.
Certification that the materials recovery facility produces recovered
recyclable materials in accordance with market quality
specifications.
16. Certification
that the owner or operator of the materials recovery facility maintains
accurate records to document the types and quantities of recyclable materials
processed and marketed for all responsible units using the facility and that
those records will be made available for inspection upon request by the
department.
17. Certification that
the owner or operator of the
materials recovery facility will provide by
February 1 of each year sufficient information so that a responsible unit can
comply with the reporting requirements under s.
NR 544.10(2)
(d) For all measurements, the owner or
operator of the
materials recovery facility shall
use sampling methods or
measurements acceptable to the
department.
18. Certification that
recyclable materials
will not be stored in wetlands as defined in s.
NR
500.03(258).
19. Certification that
recyclable materials
will not be stored in a
floodplain as defined in s.
NR
500.03(87). This paragraph does not
apply to a
materials recovery facility at which recyclable materials were
stored in a
floodplain on or before November 1, 1992, provided that the area in
which the recyclable materials are stored is not increased.
20. Certification that the owner or operator
of the materials recovery facility will comply with the disposal and
incineration prohibitions under s.
287.07(1m)
to (4), Stats.
(b) Records shall be maintained at the site
documenting the information required in this subsection for a period of at
least 3 years.
(4)
SELF-CERTIFICATION OF OPERATION RENEWAL AND REPORT. The owner or operator of a
self-certified
materials recovery facility shall submit a self-certification
renewal and report by March 30 of each year, in a form supplied by the
department, that shall contain all of the following:
(a) Certification that the facility has been
and will continue to be maintained and operated in conformance with the
information submitted upon initial self-certification or upon subsequent
notification of change to the department.
(b) An inventory of recyclable materials, by
category and expressed in tons, accepted from responsible units as of both
January 1 and December 31 of the previous calendar year, and the total tonnage
of this material processed off-site in the previous calendar year.
(c) Certification by the owner or operator of
the materials recovery facility that not less than 75% of the volume of
recyclable materials accepted were recycled or transported from the facility
within 12 months of receipt at the facility, unless otherwise approved by the
department. This requirement need not be met for the first year of operation of
newly established materials recovery facilities.
(d) The total quantity expressed in tons, of
residual material generated at the materials recovery facility during the
previous calendar year and the percentage of the total amount of incoming
recyclable materials that was residual material during the previous calendar
year.
(5) INVALIDATION
OF SELF-CERTIFICATION OF OPERATION. The
department shall use the information
provided under this section during routine inspection of materials recovery
facilities and as needed in response to complaints. Should significant
discrepancies between actual operations and information submitted under this
section be found, the
department may invalidate the materials recovery
facility's self-certification and thereby disqualify the materials recovery
facility as a component of a responsible unit's effective recycling program.
The
department may invalidate a materials recovery facility's
self-certification if any of the following conditions exist:
(a) A failure to submit on a timely basis or
knowingly falsifying the information required in sub. (3) or (4) for
self-certification and self-certification renewal.
(b) Storage of
recyclable materials in
wetlands as defined in s.
NR
500.03(258).
(c) Storage of
recyclable materials in a
floodplain as defined in s.
NR
500.03(87), unless the
recyclable
materials were stored in the
floodplain on or before November 1, 1992, and the
area in which the storage occurs has not been increased.
(d) Storage of recyclable materials outdoors
in a manner that renders them unmarketable.
(e) Failure to provide specific information
to a responsible unit that has contracted directly with the materials recovery
facility and whose recyclable materials were processed by that facility in the
current year or in the previous calendar year. The information shall be
requested by the responsible unit and provided to the responsible unit within 4
weeks of the documented date of request, and shall contain accurate information
reflecting the weights of each recyclable material processed for the
responsible unit.
(f) Failure to
operate the materials recovery facility in a nuisance-free and environmentally
sound manner.
(g) Failure to
operate the materials recovery facility in accordance with the
self-certification or other representations provided by the owner or operator
under this section.
(6)
RECERTIFICATION. The owner or operator of a materials recovery facility with an
invalidated self-certification under sub. (5) may resubmit the
self-certification information required under sub. (3) to the department and
request a review after correcting all deficiencies. The department may
re-certify a materials recovery facility if it determines that the materials
recovery facility is in compliance and has put in place appropriate polices and
procedures to remain in compliance with the requirements of this
section.
(7) LIST OF SELF-CERTIFIED
FACILITIES. The department shall maintain a list of materials recovery
facilities that are self-certified under this section.
(8) NOTIFICATION OF CHANGE OF SERVICE. The
owner or operator of a
materials recovery facility which is self-certified
under this section shall provide written notification to the
department and
responsible units that have contracted directly with the facility for services
as follows:
(a) At least 60 days prior to
closing the materials recovery facility, or an anticipated interruption of
service to a responsible unit for a period of more than one week.
(b) At least 60 days prior to moving the
materials recovery facility to a different location.
(c) At least 60 days prior to initiating
processing of recyclable materials collected in a single-stream collection
system.
(d) As soon as practicable
after the occurrence of an unanticipated interruption of service to a
responsible unit for a period of more than one week.