Section Trans 401.10 - Inspections(1) GENERAL. The project engineer or inspector shall inspect the project site and any selected site of a project described in s. Trans 401.03(1) (a) or (c). A utility person shall, and the department's authorized representative may, inspect the site of a utility facility project. The inspection shall determine whether best management practices for a project required by the erosion control plan, the ECIP and other contract documents, as defined in s. Trans 401.12(1) (a), are properly implemented, installed, and functioning, determine whether the best management practices for a project site or selected site are adequate for the purposes intended and for the site conditions, and identify any corrective action that is necessary. The project engineer or inspector shall invite the prime contractor, or his or her designee, to accompany the project engineer or inspector during inspections described in sub. (2) at least one hour before commencing the inspection. The project engineer or inspector is not required to wait more than one hour after such invitation, or past the time stated for the inspection, before commencing the inspection. A utility person shall allow a department representative to accompany the utility person during any inspection of a utility facility project. An inspector who inspects a site shall provide a copy of the completed inspection report form to the project engineer immediately following the inspection. Within 24 hours after completing an inspection, the person who performs the inspection shall deliver a copy of the completed inspection report to the appropriate department representative. Inspections shall continue at the frequency required in sub. (2) until the installation of permanent stabilization of disturbed areas is completed and the temporary best management practices are removed. Note: Inspectors are encouraged to provide reasonable advance notice. One hour is the minimum required advance notice. More time may be appropriate to provide the prime contractor a real opportunity to accompany an inspector.
(2) WHEN REQUIRED. Inspections shall be conducted at least once per week during the time construction or maintenance activity is being pursued on a project site or selected site, and at all of the following times: (a) Within 24 hours after every precipitation event that produces 0.5 inches of rain or more during a 24-hour period, or that results in any discharge, to determine the appropriate corrective action, if any. The department of transportation shall notify the department of natural resources within 24 hours after learning of any prohibited discharge from a project site or selected site into waters of the state.(b) At each stage, as new portions of a project site or selected site are disturbed.(c) Upon completing the installation of permanent best management practices to stabilize disturbed areas at a project site or selected site.(d) At the completion of the project. The inspection to be performed at the completion of the project shall be made before the department provides the prime contractor with written notice of final acceptance of the project.(4) REPORT. The department shall prescribe an inspection report form for documenting the findings of an erosion control inspection for use statewide on all projects directed and supervised by the department other than utility facility projects. The inspector shall document each inspection on the inspection report form. The inspection report is considered part of a project diary. The department shall publish the inspection report form in the construction and materials manual, and the form takes effect upon publication. The inspection report and any form required for use on utility facility projects shall contain all of the following: (a) The date or dates of inspection. (ag) The names of the inspector, prime contractor or utility person, and erosion control subcontractor.(am) The project identification number or permit number.(b) Any comments concerning the effectiveness of in-place best management practices.(c)1. A statement of whether each type of best management practice required by the ECIP complies with that plan. The inspection report shall specify the location and deficiency of any best management practices that do not comply with the erosion control plan, the ECIP and any other contract documents, as defined in s. Trans 401.12(1) (a).2. Any reasonable corrections needed to restore, maintain or increase the effectiveness of existing best management practices.3. The prime contractor is not required to make any corrections as a result of an inspection unless an erosion control order is issued under s. Trans 401.105.4. A utility person shall take any corrective action that is consistent with the permit issued by the department and that is ordered, verbally or in writing, by the department or the department's authorized representative.(d) Written notes commemorating any verbal communications between the project engineer, inspector, contractor or utility person regarding erosion control and storm water management.(4m) REPORT AVAILABLE TO CONTRACTOR. Within 24 hours after completing an inspection, the project engineer or inspector shall post the completed inspection report prepared under sub. (4) on the site to which the report relates.(5) REVIEW. The department shall make copies of the written inspection reports either separately or as part of the project diary, available for review by other agencies and the public.(6) RECORDS. After a project is completed and the final inspection has been made, the department shall maintain copies of the written inspection reports and erosion control orders in the project's files, or with the project's permit application or approval document, if any, for a period of not less than 3 years after the date the department accepted the completed project.Wis. Admin. Code Department of Transportation Trans 401.10
Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: r. (intro.), (2) (intro.), (a) (intro.) and (b), am. (1), (4) (intro.), (b), (d), (5) and (6), renum. (2) (a) 1. to 3. and (4) (c) to be (2) and (4) (c) 2. and am., renum. (3) to be Trans 401.105 and am., Cr. (4) (ag), (am), (c) 1., 3., 4. and (4m) Register December 2002 No. 564, eff. 1-1-03.