Section Trans 401.04 - DefinitionsIn this chapter:
(1) "Best management practices" or "BMPs" means structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff. Note: The Wisconsin Department of Transportation specifications and manuals listed below identify best management practices that apply under this chapter. However, best management practices other than those listed may be applicable to any given situation.
1. Sections 107.18, 107.19, 107.20, 628 and 631 of the Standard Specifications for Road and Bridge Construction of the Wisconsin Department of Transportation. Copies of these sections may be obtained from the Wisconsin Department of Transportation, Office of Construction, P. O. Box 7916, Madison, Wisconsin 53707-7916.2. Sections P-151, P-152, P-158, P-159, Division VII and Division VIII of the Standard Specifications for Airport Construction of the State of Wisconsin, Department of Transportation. Copies of these sections and divisions may be obtained from the Wisconsin Department of Transportation, Bureau of Aeronautics, P. O. Box 7914, Madison, Wisconsin 53707-7914.3. Chapters 10 and 13 of the Facilities Development Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.4. Chapters 2 and 10 of the Highways Construction and Materials Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.(2) "Borrow site" means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.(3) "Construction" or "maintenance" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling or grading.(4) "Contractor" means a prime contractor and any subcontractor of the prime contractor.(5) "Corrective action" means action that is taken in response to a discharge, or to the threat of a discharge, to minimize or prevent the discharge. "Corrective action" may include preventative maintenance of existing best management practices, or the implementation of new or different best management practices.(6) "Department" means the Wisconsin department of transportation.(7) "Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.(7m) "Directed and supervised by the department" means any of the following: (a) An activity undertaken under a bid let by the department, unless the department let the bid at the request of a city, village, town or county to assist with a transportation facility that is or will be under the jurisdiction of that city, village, town or county, and the bid specifies either that this chapter does not apply or that the activity is subject to regulation by the department of natural resources.(b) An activity undertaken under a contract to which the department is a party, unless the contract specifies that this chapter does not apply and the department did not let the bid for that activity.(c) An activity undertaken using funds awarded by the department under a grant agreement that specifies that the department is administering the project or that this chapter applies.(d) The construction or maintenance of any highway or portion of a highway located on a federal-aid system, unless no state or federal funds are used, or unless all state and federal funds used are awarded under a grant agreement that does not specify that the department is directing and supervising, or administering, the project. Note: The Department of Transportation sometimes engages in the activities described in this subsection to assist local units of government on local transportation facility construction projects. Providing such assistance, without more, does not mean the Department directs and supervises that local project, and the project does not become subject to this chapter because of that assistance. Activities not directed and supervised by the Department are subject to erosion control and stormwater management regulation by the Department of Natural Resources.
(8) "Discharge" means the movement of pollutants or sediments from a project site or selected site as a result of erosion or runoff.(9) "Disturbed area" means an area on a project site or selected site where land disturbing activity has occurred.(10) "Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.(12) "Erosion control implementation plan" or "ECIP" means the erosion control implementation plan required under s. Trans 401.08.(13) "Erosion control plan" means the erosion control plan required under s. Trans 401.07.(13m) "Highway" has the meaning given in s. 340.01(22), Stats.(14) "Infiltration system" means a device or practice that is designed specifically to encourage the entry and movement of surface water into or through underlying soil. "Infiltration system" does not include natural entry and movement of surface water into or through underlying soil in pervious areas such as lawns. "Infiltration system" does not include minimal entry and movement of surface water into or through underlying soil from practices such as swales or roadside channels that are designed for conveyance and pollutant removal only.(15) "Inspector" means an employee or authorized representative of the department assigned to make inspections of work or materials.(15m) "Land disturbing activity" means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in increased runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land disturbing activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, and filling and grading activities, but does not include routine maintenance. "Land disturbing activity" does not include activities, such as tree trimming or brush removal, that involve only the cutting or removing of vegetation above the ground by a utility person.(16) "Material disposal site" means an area that is outside of a project site, is used for the lawful disposal of surplus materials or materials unsuitable for use within the project site, and is under the direct control of the contractor. "Material disposal site" does not include a private landfill that is not managed by the contractor or a municipally owned landfill.(17) "Permanent best management practices" means those best management practices that are intended to remain in place after final stabilization.(18) "Person" means an individual, institution, business, corporation, limited liability company, partnership, association, joint venture, governmental subdivision or agency, or any other legal entity, except the term does not include the department, or its officers or employees acting in their official capacities.(19) "Pollutant" has the meaning given in s. 283.01(13), Stats.(20) "Pre-construction conference" means a conference scheduled between the department, prime contractor and other invited persons prior to the commencement of construction or maintenance activity at a site.(21) "Prime contractor" means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the department.(22) "Project" means an action covered by this chapter.(23) "Project diary" means a diary of a project's activities kept by a project engineer or inspector, including all inspection report forms and any erosion control inspection forms completed under s. Trans 401.10(4).(24) "Project engineer" means an employee or authorized representative of the department who is in charge of the engineering details and the field administration of a project.(25) "Project site" means the area of a project on which land disturbing activity occurs, excluding borrow sites and material disposal sites.(25m) "Routine maintenance" means an activity that involves less than 5 acres of land disturbance and that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of an existing transportation facility.(26) "Runoff" means storm water or precipitation, including rain, snow or ice melt, that moves on land surface via sheet or channeled flow.(27) "Runoff coefficient" means the fraction of total precipitation that will leave a project site or selected site as runoff based on land use, soil and drainage characteristics.(28) "Section 404 permit" means a permit issued by the U.S. army corps of engineers under 33 USC 1344 of the clean water act, as amended.(29) "Sediment" means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.(30) "Sedimentation" means the act or process of depositing sediment.(31) "Selected site" means any borrow site or material disposal site used exclusively for projects directed and supervised by the department. A site shall be considered to be used exclusively for department projects even if material excavated from the site are sold directly to consumers as incidental sales.(33) "Stabilize" or "stabilization" means using best management practices to avoid or minimize soil, sediment and pollutant movement onto or off a site.(34) "Suspension of work" means the partial or complete suspension of the operations and work of a project, including the operations and work at the project site or at selected sites, if any.(35) "Temporary best management practices" means those best management practices that are not intended to remain in place after final stabilization.(35d) "Time of concentration" means the time it takes for flow to reach the drainage basin outlet from the hydraulically most remote point in the drainage basin.(35g) "Transportation facility" means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements, as defined in s. 85.095(1) (b), Stats.(35m) "Utility facility project" means the portion of an activity that cannot proceed without a permit issued by the department, and that relates to a pipe, pipeline, duct, wire line, conduit, pole, tower, or other fixed equipment or structure used for the transmission, conveyance or distribution of communications, electric power, light, heat, fuel, gas, oil, petroleum products, water, steam, fluids, sewerage, drainage, irrigation or similar facilities. A utility facility project is considered minor if all excavated soils will be replaced the same day as the excavation or immediately the next day and for which the cumulative disturbed area is less than one acre. "Utility facility project" does not include maintenance activities for which the department requires no additional permit.(35r) "Utility person" means the person not employed by the department that has control over a utility facility project.(36) "Waters of the state" has the meaning given in s. 283.01(20), Stats.Wis. Admin. Code Department of Transportation Trans 401.04
Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1), (3), (5), (8), (9), (15) to (19), (21), (23) to (25), (27), (31), (35) and (36), r. and recr. (7), (14) and (29), Cr. (7m), (13m), (15m), (25m), (26), (35d), (35g) and (35m), r. (11) and (32), renum (26) to be (35r) and am. Register December 2002 No. 564, eff. 1-1-03.