Chapter Trans 401

Trans 401.106(7) (7) Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.

Trans 401.106(8) (8) Location and regional treatment exclusion.

Trans 401.106(8)(a) (a) BMPs may be located on a project site, or off a project site as part of a regional storm water device, practice or system.

Trans 401.106(8)(b) (b) Runoff within a non-navigable surface water that flows into a BMP, such as a wet detention pond, is not required to meet the performance standards of this section. Permanent BMPs may be located in non-navigable surface waters.

Trans 401.106(8)(c) (c) Except as provided in par. (d), post-construction runoff from a transportation facility first constructed after January 1, 2003 shall meet the requirements of this section before entering a navigable surface water.

Trans 401.106(8)(d) (d) Post-construction runoff from any development within a navigable surface water that flows into a BMP is not required to meet the requirements of this section if all of the following apply:

Trans 401.106(8)(d)1. 1. The BMP was constructed prior to January 1, 2003 and the BMP either received a permit issued under ch. 30, Stats., or the BMP did not require a ch. 30, Stats., permit.

Trans 401.106(8)(d)2. 2. The BMP is designed to treat runoff from upland development that is constructed after the BMP was constructed.

Trans 401.106(8)(e) (e) The discharge of runoff from a BMP, such as a wet detention pond, is subject to this chapter.

Trans 401.106(9) (9) Timing. The BMPs required under this section shall be installed before the project site has undergone final stabilization.

Trans 401.106(10) (10) Swale treatment.

Trans 401.106(10)(a) (a) Except as provided in par. (b), transportation facilities that use swales for runoff conveyance and pollutant removal satisfy all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:

Trans 401.106(10)(a)1. 1. Be vegetated. However, where appropriate, non-vegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.

Trans 401.106 Note Note: It is preferred that tall and dense vegetation be maintained within the swale due to its greater effectiveness at enhancing runoff pollutant removal.

Trans 401.106(10)(a)2. 2. Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second based on a 2-year 24-hour design storm or on a 2-year design storm with a duration equal to the time of concentration. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, the flow velocity shall be reduced to the maximum extent practicable.

Trans 401.106 Note Note: The swale design may include check dams to slow runoff flows and improve pollutant removal. Transportation facilities with continuous features such as curb and gutter, sidewalks or parking lanes do not comply with the design requirements of this subsection. However, a limited amount of structural measures such as curb and gutter may be allowed as necessary to account for other concerns such as human safety or resource protection.

Trans 401.106(10)(b) (b) Notwithstanding par. (a), the department shall consult with the department of natural resources’ liaison to the department of transportation to determine whether other provisions of this section are necessary to achieve water quality standards. This paragraph applies only to a transportation facility that has an average daily traffic of 2,500 or more, and from which the initial surface water of the state that runoff from the transportation facility directly enters is any of the following:

Trans 401.106(10)(b)1. 1. An outstanding resource water.

Trans 401.106(10)(b)2. 2. An exceptional resource water.

Trans 401.106(10)(b)3. 3. Waters listed in section 303(d) of the federal Clean Water Act, 33 USC 1344, as amended, that are identified as impaired in whole or in part, due to nonpoint source impacts.

Trans 401.106(10)(b)4. 4. Waters for which targeted performance standards are promulgated under s. NR 151.004.

Trans 401.106 History History: CR 02-081: cr. Register December 2002 No. 564, eff. 1-1-03.

Trans 401.107 Trans 401.107 Developed urban area performance standard.

Trans 401.107(1) (1) The department shall develop and implement a storm water management plan to control pollutants from transportation facilities that are owned and operated by the department and located within municipalities regulated under subch. I of ch. NR 216. The plan shall do the following to the maximum extent practicable:

Trans 401.107(1)(a) (a) Beginning not later than March 10, 2008, implement a storm water management plan that is designed to attain at least a 20% reduction in total suspended solids in runoff that enters waters of the state as compared to no storm water management controls.

Trans 401.107(1)(b) (b) Beginning not later than March 10, 2013, implement a storm water management plan that is designed to attain at least a 40% reduction in total suspended solids in runoff that enters waters of the state as compared to no storm water management controls.

Trans 401.107(2) (2) The department shall inform and educate appropriate department staff and any transportation facility maintenance authority contracted by the department of transportation to maintain transportation facilities described in sub. (1) (intro.) regarding nutrient, pesticide, salt and other deicing material and vehicle maintenance management activities in order to prevent runoff pollution of waters of the state.

Trans 401.107 History History: CR 02-081: cr. Register December 2002 No. 564, eff. 1-1-03.

Trans 401.11 Trans 401.11 Enforcement. The project engineer shall enforce this chapter, except that for utility facility projects a representative of the department shall enforce this chapter. This authority shall include ordering the suspension of work on a project, including work at the project site or at any selected sites, for the period of time considered necessary in the interest of public safety or convenience, or for the period of time considered necessary due to the failure of a contractor or utility person to comply with any of the requirements of this chapter, including the failure of a prime contractor or utility person to implement within the prescribed time period a corrective action ordered under s. Trans 401.105. An inspector, by written order delivered to the prime contractor, or by written or verbal order delivered to a utility person, may temporarily suspend work until the project engineer or appropriate department representative is notified and decides all questions at issue.

Trans 401.11 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. Register December 2002 No. 564, eff. 1-1-03.

Trans 401.12 Trans 401.12 Liability for prohibited discharge.

Trans 401.12(1) (1) In this section:

Trans 401.12(1)(a) (a) “Contract documents” means the written agreement between the department and the prime contractor that sets forth the obligations of the parties to the contract, including the invitation for bids, proposal, contract form and contract bond, standard specifications, supplemental specifications, interim supplemental specifications, special provisions, addenda, general plans, detailed plans, erosion control plan, ECIP, notice to proceed, permits issued by the department, and any contract change orders and agreements required to complete the construction of the work in an acceptable manner, including authorized extensions and erosion control orders.

Trans 401.12(1)(b) (b) “Progress schedule” means the schedule that establishes completion dates for activities required in the contract documents, and interim completion dates, including revisions and updates to that schedule.

Trans 401.12(2) (2) Except as provided in sub. (3), activity necessitated by a prohibited discharge from a project or selected site shall be considered a department-directed revision to the contract and the department shall pay all costs associated with the discharge in accordance with contract documents.

Trans 401.12(3) (3) 

Trans 401.12(3)(a) (a) The prime contractor shall pay all costs associated with a prohibited discharge from a project site or selected site if any of the following apply:

Trans 401.12(3)(a)1. 1. The prime contractor was not in compliance with the contract documents at the time of the prohibited discharge, and the failure to comply was a substantial contributing factor in causing, failing to prevent, or worsening the discharge. An inspection report prepared under s. Trans 401.10 that identifies non-compliance with the ECIP is not considered non-compliance with an ECIP unless an erosion control order is issued under s. Trans 401.105 and the changes or corrections required by the erosion control order have not been satisfactorily completed.

Trans 401.12(3)(a)2. 2. The performance under the contract documents has fallen behind the progress schedule and the prime contractor has not submitted to the project engineer a revised progress schedule within 5 days after receiving a written request from the project engineer to revise the progress schedule. This subdivision applies only if the failure to comply with the progress schedule was a substantial contributing factor in causing, failing to prevent, or worsening the discharge.

Trans 401.12(3)(b) (b)

Trans 401.12(3)(b)1. 1. This subsection does not apply to any of the following prohibited discharges:

Trans 401.12(3)(b)1.a. a. Discharges occurring after the project has been completed and accepted as final in the manner prescribed in the contract documents.

Trans 401.12(3)(b)1.b. b. Discharges occurring from any portion of work for which the department has granted partial acceptance as provided in the contract documents.

Trans 401.12(3)(b)2. 2. This section does not apply to prohibited discharges from a utility facility project.

Trans 401.12 History History: CR 02-081: cr. Register December 2002 No. 564, eff. 1-1-03.