Trans 401.04(31) (31) “Selected site” means any borrow site or material disposal site used exclusively for projects directed and supervised by the department. A site shall be considered to be used exclusively for department projects even if material excavated from the site are sold directly to consumers as incidental sales.

Trans 401.04(33) (33) “Stabilize” or “stabilization” means using best management practices to avoid or minimize soil, sediment and pollutant movement onto or off a site.

Trans 401.04(34) (34) “Suspension of work” means the partial or complete suspension of the operations and work of a project, including the operations and work at the project site or at selected sites, if any.

Trans 401.04(35) (35) “Temporary best management practices” means those best management practices that are not intended to remain in place after final stabilization.

Trans 401.04(35d) (35d) “Time of concentration” means the time it takes for flow to reach the drainage basin outlet from the hydraulically most remote point in the drainage basin.

Trans 401.04(35g) (35g) “Transportation facility” means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements, as defined in s. 85.095 (1) (b), Stats.

Trans 401.04(35m) (35m) “Utility facility project” means the portion of an activity that cannot proceed without a permit issued by the department, and that relates to a pipe, pipeline, duct, wire line, conduit, pole, tower, or other fixed equipment or structure used for the transmission, conveyance or distribution of communications, electric power, light, heat, fuel, gas, oil, petroleum products, water, steam, fluids, sewerage, drainage, irrigation or similar facilities. A utility facility project is considered minor if all excavated soils will be replaced the same day as the excavation or immediately the next day and for which the cumulative disturbed area is less than one acre. “Utility facility project” does not include maintenance activities for which the department requires no additional permit.

Trans 401.04(35r) (35r) “Utility person” means the person not employed by the department that has control over a utility facility project.

Trans 401.04(36) (36) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

Trans 401.04 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1), (3), (5), (8), (9), (15) to (19), (21), (23) to (25), (27), (31), (35) and (36), r. and recr. (7), (14) and (29), cr. (7m), (13m), (15m), (25m), (26), (35d), (35g) and (35m), r. (11) and (32), renum. (26) to be (35r) and am. Register December 2002 No. 564, eff. 1-1-03.

Trans 401.05 Trans 401.05 Basic principles of erosion control and storm water management. A project shall be planned and implemented in accordance with the following basic principles of erosion control and storm water management:

Trans 401.05(1) (1) Investigate the intended project site and design the project to avoid or minimize adverse effects that may be caused by erosion or a discharge to waters of the state.

Trans 401.05(2) (2) Design or select best management practices for the project to:

Trans 401.05(2)(a) (a) Avoid or minimize on-site erosion damage in order to avoid or minimize off-site sediment or pollutant accumulation that may result from a discharge.

Trans 401.05(2)(b) (b) Protect the perimeter area of the site and the disturbed areas from erosion and pollutant accumulation that may result from off-site runoff.

Trans 401.05(2)(c) (c) Reduce runoff velocities and retain sediments and pollutants on the site to the maximum extent practicable.

Trans 401.05(3) (3) Minimize the size of the disturbed area exposed at any one time and the duration of the exposure.

Trans 401.05(4) (4) Stabilize the disturbed area as soon as practicable.

Trans 401.05(5) (5) Establish a thorough preventative maintenance program that can reasonably be implemented as appropriate within the context of the standard specifications for the type of project being developed or through the use of special contract provisions.

Trans 401.05 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1), (2) (intro.) and (5), Register December 2002 No. 564, eff. 1-1-03.

Trans 401.06 Trans 401.06 Performance standards.

Trans 401.06(1) (1) General. Best management practices shall be employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff, onto or off a project site or selected site, including the avoidance or minimization of discharges to off–site areas, public sewer inlets and waters of the state.

Trans 401.06(2) (2) Removal of temporary best management practices. A prime contractor or utility person, as appropriate, shall remove or cause the removal of all temporary best management practices at a site when permanent best management practices have been installed to the satisfaction of the project engineer or inspector or when the project engineer or inspector determines that temporary best management practices are no longer required for the purpose intended and orders their removal. The department shall remove or cause to be removed all temporary best management practices at a project site or selected site when permanent best management practices have been installed, if the department has accepted the project as final before the temporary best management practices are removed.

Trans 401.06(3) (3) Tracking. Soils tracked by construction or maintenance equipment from a project site or selected site onto a public or private paved roadway or sidewalk shall be minimized to the maximum extent practicable. The contractor or utility person shall clean or remove soils tracked onto a public or private paved roadway or sidewalk in a manner consistent with this chapter within the period specified by the project engineer or, if no period is specified, within 24 hours after the occurrence, to prevent sedimentation of the tracked soils into waters of the state.

Trans 401.06(4) (4) Sediment cleanup and removal. The contractor shall clean up or remove sediment discharged as a result of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the project engineer. The utility person shall clean up or remove sediment discharged because of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the department’s authorized representative. The contractor or utility person shall clean up or remove other off–site sediment discharged by construction or maintenance activity at the end of each work day. Costs incurred under this subsection because of a storm event shall be borne as provided in s. Trans 401.12.

Trans 401.06(5) (5) Public sewer inlet protection. The contractor or utility person, in accordance with best management practices, shall protect downslope, off–site public sewer inlets reasonably subject to a discharge and downslope, on-site public sewer inlets.

Trans 401.06(6) (6) Building material and other waste disposal. The contractor or utility person shall properly manage and dispose of building materials and other wastes to prevent pollutants and debris from being carried off site by wind or runoff. No person may permit the discharge of any solid materials, including building materials, in violation of chs. 30 and 31, Stats., or section 404 permit requirements. The contractor or utility person shall dispose of building material and other solid wastes, including surplus materials from a project and materials not suitable for use on a project, in accordance with all applicable federal, state and local laws, regulations, rules and ordinances relating to the disposal of solid wastes.

Trans 401.06 Note Note: Contact the local fire department for directions on proper disposal of flammable, combustible, toxic materials and other hazardous substances.

Trans 401.06(7) (7) Groundwater limitations. When permanent infiltration systems are used, the department shall conduct appropriate on–site testing to determine if the seasonal high groundwater elevation or top of bedrock is within 5 feet of the bottom of the proposed infiltration system. If permanent infiltration systems are to be used and there is a well serving a community water system within 400 feet or a well serving a non-community or private water system within 100 feet, the groundwater flow must be identified in accordance with the provisions specified in either ch. NR 110 or 214.