Section NR 151.22 - Responsible party(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. Wis. Admin. Code Department of Natural Resources NR 151.22
CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (a) Register December 2010 No. 660, eff. 1-1-11.Amended by, correction in (1) (a) (Note), (2) (a) (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018