Current through August 26, 2024
(1) TRANSPORTATION FACILITY AUTHORITY.
(a) The transportation facility authority
shall develop a design plan to meet the performance standards of this
subchapter for land disturbing construction activity at the transportation
facility construction site.
(b) The
transportation facility authority, in consultation with the department, shall
approve the implementation plan submitted under sub. (2) (a). The
transportation facility authority shall incorporate the implementation plan
into the contract for project construction.
(c) The transportation facility authority
shall administer and enforce the implementation plan submitted by the prime
contractor under sub. (2) (a) under the contract for project construction. The
transportation facility authority shall ensure that the prime contractor
follows and maintains the implementation plan under par. (b). If the prime
contractor does not follow the implementation plan incorporated into the
contract for project construction, the transportation facility authority shall
control erosion and sediment at the construction site consistent with the
design plan prepared under par. (a) or implementation plan prepared under sub.
(2) (a).
(d) Before accepting the
completed project, the transportation facility authority shall verify in
writing that the prime contractor has satisfactorily completed the
implementation plan pursuant to sub. (2) (b). The transportation authority
shall submit the written verification to the prime contractor and to the
authority in charge of maintenance of the transportation facility. Upon written
verification by the transportation facility authority under this paragraph, the
prime contractor is released from the responsibility under this subchapter,
except for any responsibility for defective work or materials, damages by its
own operations, or as may be otherwise required in the project construction
contract.
(2) PRIME
CONTRACTOR.
(a) The prime contractor shall
develop and submit to the transportation facility authority an implementation
plan that identifies applicable BMPs and contains a schedule for implementing
the BMPs in accordance with design plan to meet the performance standards under
sub. (1) (a). The implementation plan shall identify an array of BMPs that may
be employed to meet the performance standards. The implementation plan shall
also address the design and implementation of BMPs required in ss.
NR 151.23 and 151.24 for land disturbing construction
activity within borrow sites and material disposal sites that are related to
the construction project.
(b) The
prime contractor shall implement the implementation plan as required by the
contract for project construction prepared pursuant to sub. (1) (b) .
(c) A transportation authority
that carries out the construction activity with its own employees and resources
shall comply with the prime contractor requirements contained in this
subsection, including preparing and carrying out an implementation
plan.
(3) SINGLE PLAN.
For transportation projects that are not administered under ch. Trans 401, the
requirements of this subchapter may be developed under one plan instead of 2
separate plans as described under subs. (1) (a) and (2) (a). A plan created
under this subsection shall contain both the design components required under
sub. (1) (a) and the implementation components required under sub. (2) (a).
Note: This single plan may be the erosion
control plan specified in s.
NR 216.46.
(4) MAINTENANCE AUTHORITY. Upon execution of
the written verification prepared under sub. (1) (d) by the transportation
facility authority, the authority in charge of maintenance of the
transportation facility shall maintain the BMPs to meet the performance
standards of this subchapter. However, BMPs no longer necessary for erosion and
sediment control shall be removed by the maintenance authority.
