Section Trans 401.09 - Maintenance of best management practices(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). (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.(2) AFTER CONSTRUCTION OR MAINTENANCE ACTIVITY.(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. 1-1-03.