Section NR 530.09 - Requirements for registered recyclers(1) REGISTRATION. (a) A registered collector or manufacturer shall also register as a recycler if the collector or manufacturer is recycling eligible electronic devices on behalf of a registered manufacturer.(b) A registered recycler shall include all of the following information with its registration under s. 287.17(8) (a), Stats.:1. The street address of all facilities at which the registered recycler conducts recycling or stores eligible electronic devices or materials derived from eligible electronic devices.2. A list of the electronic devices banned from disposal under s. 287.07(5), Stats., that the recycler accepts.3. A list of applicable third-party certifications that the recycler maintains.4. If the facility is located in Wisconsin, the solid waste processing facility operating license number obtained under s. NR 502.08.(2) REPORTING RECYCLED WEIGHT. (a) In the annual report submitted under s. 287.17(8) (b), Stats., a registered recycler shall include all of the following: 1. The names of all registered collectors in this state from which the recycler received eligible electronic devices during the preceding program year.2. The total weight of eligible electronic devices used by households or covered schools in rural counties and used by households or covered schools in urban counties received from each collector. When the source county is unknown, the weight shall be counted in the total for urban counties.3. The total weight of eligible electronic devices that the recycler diverted for reuse or refurbishment, rather than recycled, during the preceding program year.4. The total weight of eligible electronic devices that the recycler put in storage, rather than recycled or sent for disposal, during the preceding program year.5. The total weight of recyclable material derived from eligible electronic devices that the recycler sent for disposal, rather than recycled, during the preceding program year.(b) To calculate total recycled weight for the preceding program year, the registered recycler shall subtract the weights reported under par. (a) 3. to 5. from the total weight reported under par. (a) 2.(3) REPORTING ASSIGNMENTS OF RECYCLED WEIGHT. (a) A registered recycler may assign recycled weight to an authorized broker or registered manufacturer.(b) On the annual report submitted under s. 287.17(8) (b), Stats., a registered recycler shall identify the total recycled weight the recycler assigned to authorized brokers or registered manufacturers during the preceding program year, the name of all authorized brokers and registered manufacturers assigned recycled weight, and the recycled weight assigned to each.(c) A registered recycler shall report separate totals for the recycled weight used in rural and urban counties under par. (b). When the source county is unknown, the recycled weight shall be counted in the total for urban counties.(d) The total recycled weight reported under par. (b) may not exceed the total reported under sub. (2) (b).(4) OWNER FINANCIAL RESPONSIBILITY.(a) To meet the owner financial responsibility requirement under s. 287.17(8) (c)3, Stats., a registered recycler shall do all of the following: 1. Submit a copy of the registered recycler's current proof of financial responsibility to the department with its initial registration and upon request by the department.2. Provide proof of financial responsibility for all facilities where eligible electronic devices, or materials derived from eligible electronic devices, are stored or recycled.(b) In addition to meeting the requirements under par. (a), a registered recycler located in Wisconsin shall do all of the following: 1. Submit a closure cost estimate for all facilities listed under sub. (1) (b) 1. on a form required by the department., in accordance with s. NR 520.07.2. Name the department as beneficiary or obligee and meet the requirements of s. NR 520.06, except the facility may only use one of the financial responsibility mechanisms under s. 287.17(8) (c) 3 a. to e., Stats.(c) In addition to meeting the requirements under par. (a), a registered recycler not located in Wisconsin shall do one of the following: 1. Name the department as beneficiary or obligee and meet the applicable requirements of ch. NR 520.2. Name an independent third party other than the department as beneficiary or obligee and meet all of the following requirements: a. Provide proof of financial responsibility using one of the mechanisms under s. 287.17(8) (c) 3 a. to e., Stats. If selecting a performance or forfeiture bond as the means of proof of financial responsibility, the bonds shall be issued by a surety company among those listed as acceptable sureties for federal bonds in Circular 570 of the U.S. department of the treasury.b. Provide a closure cost estimate that does not count any assets as positive value and is based on the cost of an independent third party managing the facility closure and cleanup.c. Provide a copy of new or updated proof of financial responsibility within 10 days of its effective date.d. Notify the department at least 90 days prior to the cancellation date of proof of financial responsibility.(5) TRANSPORTATION OF ELECTRONIC DEVICES. (a) A registered recycler shall use a bill of lading for all of the following:1. Transporting electronic devices and their components from the point of collection or consolidation to the recycler's facility.2. Transporting electronic devices and their components from the recycler's facility to other recyclers or end users of the material.(b) Each bill of lading shall include the date the load was picked up from the originating facility and a description of the load, including the type of materials and number of pallets or containers. Each bill of lading shall also include one of the following: 1. The weight of the load, if a scale is available.2. The estimated weight of the load, if a scale is not available.(c) Each bill of lading shall be signed by both the shipper and the receiver.(d) A registered recycler shall maintain bills of lading and other records required under this section for at least 3 years. The department may inspect records that are required under this section.Wis. Admin. Code Department of Natural Resources NR 530.09
Adopted by, CR 21-041: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) (b), (3) (d) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023