Trans 29.06Trans 29.06 Permit at job site. The utility’s work forces or its subcontractor’s forces shall have a complete copy of the approved permit in their possession at the job site at all times when utility facility work is being done within the department railroad property. If a utility fails to have an approved copy of the permit at the job site, it shall be sufficient cause for stopping utility facility work within the department railroad property.

Trans 29.07(1)(1) Upon application for a permit under this chapter, a utility shall pay to the department an administrative and inspection fee as set forth in the following fee schedule:

Trans 29.07(1)(a)(a) “Transverse utility crossings.” Aerial or underground crossings involving the installation of a utility facility, the modification of a utility facility or the placement of additional components upon existing facilities previously permitted or legally erected on department property by other than the current permittee. $175

Trans 29.07(1)(b)(b) “Longitudinal aerial utility installation.” Aerial utility facility installations involving the installation of a utility facility or the modification of a utility facility within the department railroad property.

Trans 29.07(1)(c)(c) “Longitudinal underground utility installations.” Underground utility facility installations involving the installation of a utility facility or the modification of a utility facility on the department railroad property. The fee is based on one pre-construction inspection and on one daily inspection for each day’s work or fraction of a day’s work.

Trans 29.07(1)(d)(d) Where spot checking or regular inspections reveal the need for corrections or changes to comply with the permit, the permittee shall pay the costs of those corrections or changes and a $50 fee per required follow-up inspection.

Trans 29.07(2)(2) In addition to any fee paid under sub. (1), the railroad operator may require reimbursement from the utility for reasonable services rendered including administration, flagging, track removal and reinstalling, and other functions necessary to accommodate a utility facility installation or modification. Reimbursement arrangements for these services shall be solely between the railroad operator and the utility. Concurrence in the permit application by the railroad operator implies agreement between the utility and the railroad operator on service reimbursement.

Trans 29.07(3)(3) Whenever a “transverse utility crossing” is installed or modified within department railroad property where that department railroad property is also located within a town, county, village or city highway or street right-of-way, the department need not conduct its usual post-installation or post-modification inspection if, as a substitute for that inspection, the utility provides an affidavit of a professional engineer, duly registered to practice engineering in Wisconsin, certifying that the utility installation or modification has been carried out in accordance with the pertinent application, these rules, all other applicable rules or standards and sound engineering practices. The utility shall file the required affidavit with the department not more than 10 days after the utility facility is installed or modified. Whenever the provisions of this subsection are applicable and followed, the fee established in sub. (1) (a) shall be reduced to $100 reflecting the department’s diminished inspection activities.

Trans 29.08(1)(1) Notifying department and railroad operator. The utility shall notify the department and the railroad operator at least 72 hours prior to commencing any work upon, over, under or within the department railroad property. If a utility ceases work on a utility facility for more than 48 hours, except for holidays or weekends, the utility shall again give the department and the railroad operator 72 hours notice prior to recommencing the work activity. At the conclusion of all work, the utility shall notify the department and the railroad operator within 10 calendar days, holidays and weekends excepted, that the work is completed. When notified, the department may, within 30 days, inspect the completed utility facility and inform the utility whether the work is satisfactory.

Trans 29.08(2)(2) Emergency utility work. If an emergency maintenance situation arises requiring immediate action within the department railroad property to protect the general public safety, the utility shall immediately notify the railroad operator, or the department when no railroad operator is in place, that an emergency exists and that the utility is proceeding to correct the emergency situation. Emergency operations by a utility may be performed on department railroad property whenever conditions or time considerations prevent application to the department for prior written approval. However, as soon as practicable, the utility shall apply to the department for the required permit under s. Trans 29.04.

Trans 29.09Trans 29.09 Restoration of railroad lands and facilities. The utility shall restore the department railroad property and the railroad facilities thereon to a condition that is as near as is reasonably practicable to its preexisting condition and that is mutually acceptable to the department and the railroad operator. Failure of the utility to satisfactorily restore those lands or facilities shall be grounds for the department to arrange to restore the deficiency; the utility shall pay the cost for this restoration.