Trans 401.08(3)(a)(a) There is a change in design, construction, operation or maintenance at a project site or selected site that has the reasonable potential for a discharge to waters of the state and that has not been addressed in the ECIP. The department shall pay for changes under this paragraph that are necessitated by department action. The prime contractor shall pay for all other changes under this paragraph, unless the department agrees to pay for the change.

Trans 401.08 HistoryHistory: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: (2) (a) 2m. renum. from Trans 401.07 (2) (j) 5., r. (intro.), (1) (b) and (2) (b) 8., am. (1) (a), (c) to (h), (2) (a) 1. to 4., (b) (intro.), 1. to 7., 11. (intro.), e. and g., 12. (intro.) to c., 14. and (3) (intro.) to (b), cr. (1) (am), (ar) and (3) (c), r. and recr. (2) (b) 9., Register December 2002 No. 564, eff. 1-1-03; corrections in (1) (a), (ar) 1. a. made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Trans 401.09(1g)(1g) General responsibility. A prime contractor or utility person, as appropriate, shall implement, install and maintain best management practices at a site as required in the contract documents, as defined in s. Trans 401.12 (1) (a).

Trans 401.09(1m)(1m) Before and during construction or maintenance activity. Before and during the period of construction or maintenance activity, the prime contractor or utility person shall implement, install and maintain, or cause to be performed, all best management practices required by the erosion control plan, the ECIP and the requirements of this chapter. The prime contractor or utility person shall also implement any corrective action that is ordered under s. Trans 401.105. A utility person shall notify the appropriate department representative at least 24 hours before the installation of best management practices.

Trans 401.09(2)(2) After construction or maintenance activity.

Trans 401.09(2)(a)(a) Upon the department’s written acceptance of permanent best management practices at a site, or upon the department’s granting of partial acceptance for a portion of work, the prime contractor’s responsibility to maintain those accepted best management practices, or that portion of work for which partial acceptance is granted, shall cease except for any responsibility for defective work or materials or for damages caused by its own operations.

Trans 401.09(2)(b)(b) In the case of a utility facility project, a utility person shall promptly notify the department upon completion of all construction or maintenance activities and the installation of all permanent best management practices at a project site. Within a reasonable time after that notification by the utility person, the department shall inspect the project site to ensure that the permanent best management practices are adequate and functioning properly. If the inspection of the project site reveals that the best management practices are not adequate or not functioning properly, the utility person, upon notification from the department or based on its own inspection, shall promptly take the appropriate corrective action. Where the utility person takes corrective action based on its own inspection of a project site, the utility person shall immediately notify the department of that corrective action.

Trans 401.10(1)(1) General. The project engineer or inspector shall inspect the project site and any selected site of a project described in s. Trans 401.03 (1) (a) or (c). A utility person shall, and the department’s authorized representative may, inspect the site of a utility facility project. The inspection shall determine whether best management practices for a project required by the erosion control plan, the ECIP and other contract documents, as defined in s. Trans 401.12 (1) (a), are properly implemented, installed, and functioning, determine whether the best management practices for a project site or selected site are adequate for the purposes intended and for the site conditions, and identify any corrective action that is necessary. The project engineer or inspector shall invite the prime contractor, or his or her designee, to accompany the project engineer or inspector during inspections described in sub. (2) at least one hour before commencing the inspection. The project engineer or inspector is not required to wait more than one hour after such invitation, or past the time stated for the inspection, before commencing the inspection. A utility person shall allow a department representative to accompany the utility person during any inspection of a utility facility project. An inspector who inspects a site shall provide a copy of the completed inspection report form to the project engineer immediately following the inspection. Within 24 hours after completing an inspection, the person who performs the inspection shall deliver a copy of the completed inspection report to the appropriate department representative. Inspections shall continue at the frequency required in sub. (2) until the installation of permanent stabilization of disturbed areas is completed and the temporary best management practices are removed.

Trans 401.10(2)(2) When required. Inspections shall be conducted at least once per week during the time construction or maintenance activity is being pursued on a project site or selected site, and at all of the following times:

Trans 401.10(2)(a)(a) Within 24 hours after every precipitation event that produces 0.5 inches of rain or more during a 24–hour period, or that results in any discharge, to determine the appropriate corrective action, if any. The department of transportation shall notify the department of natural resources within 24 hours after learning of any prohibited discharge from a project site or selected site into waters of the state.

Trans 401.10(4)(4) Report. The department shall prescribe an inspection report form for documenting the findings of an erosion control inspection for use statewide on all projects directed and supervised by the department other than utility facility projects. The inspector shall document each inspection on the inspection report form. The inspection report is considered part of a project diary. The department shall publish the inspection report form in the construction and materials manual, and the form takes effect upon publication. The inspection report and any form required for use on utility facility projects shall contain all of the following: