Corrective action

Corrective action. (1) Active or imminent threat. A project engineer or inspector may, either verbally or by written directive, require the contractor to suspend all operations contributing to an active unauthorized discharge, or posing an imminent threat to waters of the state. The contractor shall suspend operations until the contractor corrects the actions that caused the unauthorized discharge or imminent threat and the project engineer authorizes the contractor to resume operations. (2) Unauthorized discharges. The department shall notify the DNR within 24 hours after learning of any unauthorized discharge from a project site or TSA site into waters of the state. The project engineer shall consult the DNR to determine if a cleanup plan for the unauthorized discharge is necessary. If a cleanup plan is necessary, the department will coordinate with the prime contractor to develop the cleanup plan, including a timeframe for completion. The department shall submit the cleanup plan for the unauthorized discharge and the DNR shall concur with the plan before the cleanup effort commences. Liability for unauthorized discharges shall be in accordance with s. Trans 401.15 . (3) Erosion control orders. (a) The department shall prescribe an erosion control order form for use whenever an inspection completed under s. Trans 401.12 identifies additions, modifications, or maintenance to BMPs on any project directed and supervised by the department. The department shall publish the form on the department’s website or another accessible electronic location. (b) If an inspection results in the need for one or more corrective actions, the project engineer shall issue an erosion control order to the prime contractor by the end of the day in which the inspection is completed. The project engineer shall include a copy of the completed inspection report with every erosion control order issued. (c) Upon receipt of an erosion control order form requiring changes, corrections, maintenance, or replacement of existing BMPs, the prime contractor shall implement the necessary corrective action within 24 hours after receiving the erosion control order. (d) Upon receipt of an erosion control order form ordering additional or new BMPs, the prime contractor shall implement the necessary corrective actions within the time period specified on the erosion control order form. (e) The prime contractor shall provide the erosion control order form to the project engineer upon completion of the corrective action and shall include a description of the corrective action implemented and the date completed. (f) After the prime contractor provides the erosion control order form to the project engineer in par. (e) , the department shall have until noon the following day to approve or reject the corrective actions by inspecting the affected areas of the site. The department shall consider all matters required in an erosion control order satisfactorily completed after such time, unless within such time the department has inspected and provided the prime contractor written notice that the implemented corrective action is rejected. If an unauthorized discharge occurs after the prime contractor provides the erosion control order form to the project engineer, but before the project engineer approves or rejects the corrective action, the prime contractor shall have an opportunity to demonstrate that it completed the corrective action, as required, prior to the unauthorized discharge. (g) If the department does not reject any completed corrective action within the time specified in par. (f) , the department may compel corrective action at the affected area only by issuing a new erosion control order. (h) Except for the time periods allowed under pars. (c) and (d) for completing corrective action, a prime contractor is considered not in compliance with the contract documents for any issues described in the erosion control order form as requiring changes or corrections until such time as the change or correction is satisfactorily completed, as determined under par. (f) . (i) Written notices are considered provided to a prime contractor for purposes of this section when the written notice is presented to the principal representative of the prime contractor when available on the project site or TSA site, when written notice is delivered to the prime contractor’s principal place of business, or when written notice has been sent via email, whichever occurs first. Written notices are considered provided to a project engineer or to the department when the written notice or form is presented to the project engineer when available on the project site, when written notice is delivered to the project engineer’s principal place of business, or when written notice has been sent via email, whichever occurs first.