Wis. Admin. Code Department of Transportation § Trans 401.105 - Corrective action

Current through March 28, 2022

(1)

(a) An inspector who believes that changes or corrections are needed to best management practices may, by written order delivered to the prime contractor, temporarily suspend work until the project engineer is notified and decides all questions at issue. The prime contractor shall respond to the order in a manner consistent with the contract documents, as defined in s. Trans 401.12(1) (a). The project engineer shall, by written notice, inform the prime contractor whenever an inspection of a project site or selected site reveals the need for changes or corrections to best management practices.

(b) The department shall prescribe an erosion control order form for use whenever a corrective action is ordered on any project directed and supervised by the department. The department shall publish the form in the construction and materials manual. The project engineer shall include a copy of the completed inspection report with every erosion control order issued.

Note: Erosion control order forms may be obtained upon request by writing to the Department's Division of Transportation Infrastructure Development, Bureau of Environment, P. O. Box 7965, Room 451, Madison, WI 53707-7965, or by calling (608) 267-3615.

(1m) An authorized representative of the department shall inform the utility person, verbally or in writing, whenever an inspection of the project site by the department reveals the need for changes or corrections to best management practices. A utility person shall comply with any corrective action order, written or verbal, issued by the department's authorized representative within the time specified in the order or, if no time is specified, within 24 hours after receiving the order. Upon completing the corrective action, the utility person shall notify the appropriate department representative of the corrective action taken and the date completed.

(2) Upon receipt of an erosion control order form ordering changes or corrections to existing best management practices, the prime contractor shall implement, or cause to be implemented, the necessary corrective action within the time specified in the order or, if no time is specified, within 24 hours after receiving the order. The prime contractor shall deliver the erosion control order form to the project engineer upon completion of the corrective action and shall include on the form a description of the corrective action implemented and the date completed.

(3) The department may approve or reject any completed corrective action by inspecting the affected area within 16 hours after the prime contractor or utility person delivers the completed erosion control order form to the project engineer or, for utility facility projects, to the department's authorized representative. The department shall consider all matters required in an erosion control order satisfactorily completed after that 16 hours has elapsed, or at 12 noon on the day the 16 hours expires, whichever is later, unless within the later of those 2 times the department has inspected and rejected the corrective action implemented. If a discharge occurs after the prime contractor or utility person delivers the erosion control order form under this section but before the later of those 2 times, the prime contractor or utility person shall have an opportunity to demonstrate that the corrective action was completed as required prior to the discharge. If the department does not reject any completed corrective action within the time specified in this subsection, the department may compel corrective action at the affected area only by issuing a new erosion control order.

(4) Notwithstanding any time period permitted under this section for completing corrective action, a prime contractor is considered not in compliance with the contract documents, as defined in s. Trans 401.12(1) (a), for any area or matter described in the erosion control order form as requiring changes or corrections until such time as the change or correction is satisfactorily completed, as determined under sub. (3).

(5) Written notices are considered delivered to a prime contractor for purposes of this section when the written notice is presented to the head representative of the prime contractor then available on the project site or selected site, or when written notice is delivered to the prime contractor's principal place of business, whichever occurs earlier. Written notices are considered delivered to a project engineer or to the department when the written notice or form is presented to the project engineer or to the authorized department representative then available on the project site, or when written notice is delivered to the project engineer's principal place of business, whichever occurs earlier.

Notes

Wis. Admin. Code Department of Transportation § Trans 401.105

CR 02-081: renum. from Trans 401.10(3) and am., Cr. (1m) Register December 2002 No. 564, eff. 1-1-03.