Definitions

Definitions. Definitions. In this chapter: (1) “Average annual rainfall” means a typical calendar year of precipitation as determined by the DNR for users of models such as WinSLAMM or P8 or an equivalent methodology. (2) “Best management practice” or “BMP” means a structural or non-structural measure, practice, technique, or device employed on a project site or temporary support activity site during construction and restoration of a site to avoid or minimize soil, sediment, and pollutant movement, or to manage runoff, from the site or to waters of the state. (3) “Borrow site” has the meaning given in s. 85.193 (1) (b) , Stats. (4) “Connected imperviousness” means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path. (5) “Construction project” means any project site, including any temporary support activity site, with land-disturbing construction activity that is not a maintenance activity, routine maintenance activity, or utility facility project. (6) “Construction waste” means discarded materials or debris, such as packaging materials; scrap construction materials; masonry products; timber, steel, pipe, and electrical cuttings; plastics; and polystyrene. (7) “Contract documents” means the written agreement between the department and the prime contractor that sets forth the obligations of the parties to the contract, including the invitation for bids, proposal, contract form and contract bond, standard specifications, special provisions, addenda, general plans, detailed plans, erosion control plan, ECIP, notice to proceed, permits issued by the department, permits obtained by the department, and any contract change orders and agreements required to complete the construction of the work in an acceptable manner, including authorized extensions and erosion control orders. (8) “Contractor” means a prime contractor and any subcontractor of the prime contractor. (9) “Corrective action” means action taken in response to a discharge, or to the threat of a discharge, to minimize or prevent an unauthorized discharge. “Corrective action” may include preventative maintenance of existing best management practices, or the implementation of new or different best management practices. (10) “Department” means the Wisconsin department of transportation. (11) “Design storm” means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall. (12) “Development” means residential, commercial, industrial or institutional land uses and associated roads. (13) “Direct conduit to groundwater” means a karst, well, sinkhole, swallet, fractured bedrock at the surface, mine shaft, non-metallic mine, tile inlet discharging to groundwater, quarry, or depressional groundwater recharge area over shallow fractured bedrock. (14) “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, county, or other sponsor to assist with a transportation facility that is or will be under the jurisdiction of that city, village, town, county, or other sponsor, and the bid specifies either that this chapter does not apply or that the activity is subject to regulation by the DNR. (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 the project does not use state or federal funds, 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. (e) A utility facility project undertaken within the highway right-of-way and under a utility permit issued by the department. (15) “Discharge” has the meaning given it in s. 283.01 (4) , Stats. (16) “Discharge of pollutant” or “discharge of pollutants” has the meaning given it in s. 283.01 (5) , Stats. (17) “DNR” means the Wisconsin department of natural resources. (18) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice, or gravity. (19) “Erosion control implementation plan” or “ECIP” means the erosion control implementation plan required under s. Trans 401.11 including any amendments. (20) “Erosion control plan” means the erosion control plan required under s. Trans 401.10 . (21) “Exceptional resource waters” or “ERW” means those waters defined in s. NR 102.11 . (22) “Existing development” means development in existence prior to October 1, 2004. (23) “Filtering layer” means soil that has at least a 3-foot-deep layer with at least 20 percent fines; or at least a 5-foot-deep layer with at least 10 percent fines; or an engineered soil with an equivalent level of protection as determined by the department with consultation by the DNR. (24) “Final stabilization” means that all land-disturbing construction activities at the project site, or temporary support activity site, are completed and that a uniform perennial vegetative cover is established with a density of at least 70 percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures. (25) “Highway” has the meaning given in s. 340.01 (22) , Stats. (26) “Impaired water” means a waterbody impaired in whole or in part and listed by the DNR pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7 , for not meeting a water quality standard, including a water quality standard for a specific substance or the waterbody’s designated use. (27) “Impervious surface” means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. (28) “Indian Country” has the meaning given in 18 USC 1151 . (29) “In-fill” means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur. “In-fill” does not include any undeveloped area that was part of a larger new development, for which a notice of intent to apply for a stormwater permit in accordance with subch. III of ch. NR 216 was required to be submitted after October 1, 2004, to the DNR. (30) “Infiltration” means the entry and movement of precipitation or runoff into or through the soil. (31) “Infiltration system” means a device or practice such as a basin, trench, rain garden, or engineered swale designed specifically to encourage infiltration but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns, or infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only. (32) “Inspector” means an employee or department representative assigned to make inspections of work or materials. (33) “Land-disturbing construction 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 stormwater runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. “Land-disturbing construction activity” includes clearing and grubbing, demolition, excavating, pit trench dewatering, and filling and grading activities. (34) “Maintenance” or “maintenance activity” means any activity to maintain or restore functionality to an existing transportation facility until the next construction project affecting that portion of the transportation facility, except those designated as “routine maintenance.” (35) “Maintenance provider” means the person or entity not employed by the department having control over the maintenance activity. (36) “Major highway project” has the meaning given in s. 84.013 (1) (a) , Stats. (37) “Material disposal site” has the meaning given in s. 85.193 (1) (c) , Stats. (38) “Maximum extent practicable” or “MEP” means the highest level of performance that is achievable but is not equivalent to the standards of this chapter. (39) “Minor maintenance” or “minor maintenance activity” means an activity where the land-disturbing construction activities and restoration are completed the same day or by noon the following calendar day, and the total disturbance of the site is less than one acre. (40) “Minor reconstruction of a highway” means reconstruction, as defined in s. 84.013 (1) (c) , Stats., of a highway that meets all of the following requirements: (a) Does not exceed 1.5 miles in continuous or aggregate total length of a realigned highway, including any added travel lane. The department shall count two or more adjoining added through travel lanes as one added through travel lane for purposes of determining the length of the added through travel lanes, and shall count a highway realignment that includes added through travel lanes as one unit for purposes of determining the length of the realignment and of the added through travel lanes. Pavement widening for purposes of adding a passing lane is not an added through travel lane. (b) Does not widen the roadbed by more than 100 feet. (c) Does not include replacement of a vegetated drainage system with a non-vegetated drainage system except where necessary to convey runoff under a transportation facility, private access, or where necessary for permanent best management practices. (41) “Minor utility facility project” means a utility facility project in which the contractor replaces and restores all excavated soils on the same day as the excavation or by noon the next calendar day and for which the cumulative area of land-disturbing construction activity is less than one acre. (42) “NPDES permit” means a national pollutant discharge elimination system permit issued under 40 CFR 122 and related provisions. (43) “Navigable waters” or “navigable waterway” has the meaning given in s. 30.01 (4m) , Stats. (44) “New development” means development resulting from the conversion of previously undeveloped land or of land previously used for agricultural land uses. (45) “New highway” means the creation of a highway on new alignment that replaces previously undeveloped land or agricultural land uses and that requires entirely new right-of-way.