Recyclable Material Disposal Bans

The Wisconsin recycling law bans the landfilling or incineration of certain recyclable/compostable materials. These bans went into effect in several stages, in January 1991, 1993 and 1995.

Material Banned from Disposal in Wisconsin*

* Responsible Units for recycling in two grandfathered incinerator areas (La Crosse and Barron counties) are only required by the state to recycle aluminum, steel and glass containers, although local ordinances in those areas may require paper and plastic items to be recycled as well.
** Currently only plastic food and beverage containers numbered one and two (#1 and #2) must be recycled. DNR has granted a waiver to collection requirements and disposal restrictions for plastic containers made of resins numbered three through seven (#3 - #7) and for polystyrene foam packaging.

Note: Some local ordinances require other items to be recycled.

Banned in 1991

• Lead acid batteries
• Major appliances including air conditioners, clothes washers and dryers, dishwashers, refrigerators, freezers, stoves, ovens, dehumidifiers, furnaces, boilers, water heaters, and microwave ovens (unless the capacitor has been removed)
• Waste oils, except when incinerated with energy recovery

Banned in 1993

• Yard waste, including grass clippings, leaves, yard and garden debris and brush under six inches in diameter

Yard waste can go to an approved compost facility or be incinerated with energy recovery. Brush may be burned at licensed woodburning facilities if reasonable alternatives are not available.

Banned in 1995

• Aluminum containers
• Corrugated paper or other containerboard
• Plastic containers #1 through #7
• Foam polystyrene packaging, either designed for serving food or beverages, loose particles intended for packing (peanuts), or rigid materials shaped to hold and cushion a packaged article
• Glass containers
• Magazines and other materials printed on similar paper
• Newspaper and other materials printed on newsprint
• Office paper
• Steel containers
• Containers made from a combination of steel and aluminum (bi-metal cans)
• Waste tires (except when incinerated with energy recovery)

Currently DNR allows plastic containers #3 through #7 to be landfilled or incinerated. If at some future time, the DNR determines that adequate markets for these plastics exist, they will be banned from disposal.

Currently DNR allows foam polystyrene packaging to be landfilled or incinerated.

Exceptions

The 1995 bans do not apply to residuals of the banned material being collected, treated and disposed of by a responsible unit (RU) with an effective recycling program. Even a good recycling program will not capture 100 percent of all potential recyclables, and some materials are unable to be recycled through use or contamination. Examples include plastic jugs used for waste oil collection or newspaper used for cleaning. There are also exceptions for emergencies, unintentionally contaminated materials, the approved beneficial reuse of a material within a landfill, and certain plastics if recycling is not feasible.

RUs in the service area of a waste-to-energy (WTE) incinerator that was in operation as of April 1990 have an exception under the recycling law. These RUs are only required to recycle steel, aluminum and glass containers. They are allowed to burn other combustible materials for energy. However, many RUs in WTE incinerator service areas require paper and plastics recycling by local ordinance. The two WTE facilities currently operating in Wisconsin are the Barron County Incinerator and the La Crosse / Xcel Energy resource recovery facility.