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.
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.
A utility person shall notify the appropriate department representative at
least 24 hours before the installation of best management practices.
AFTER CONSTRUCTION OR MAINTENANCE
(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.
(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.
Wis. Admin. Code Department of Transportation § Trans 401.09
Cr. Register, October,
1994, No. 466, eff. 11-1-94; CR 02-081: renum. (intro.) and (1) to be (1g) and
(1m) and am., am. (2) Register December 2002 No. 564, eff.