Liability for unauthorized discharge

Liability for unauthorized discharge. (1) Except as provided in sub. (2) , activity necessitated by an unauthorized discharge from a project site or TSA site shall be considered a department-directed revision to the contract, and the department shall pay all costs associated with the unauthorized discharge in accordance with contract documents. (2) The prime contractor shall pay all costs associated with an unauthorized discharge from a project site or TSA site if any of the following apply: (a) The prime contractor was not in compliance with the contract documents at the time of the unauthorized discharge, and the failure to comply was a substantial contributing factor in causing, failing to prevent, or worsening the unauthorized discharge. (b) The prime contractor fails to complete corrective action in accordance with s. Trans 401.13 . The department will not consider an inspection report prepared under s. Trans 401.12 that identifies non-compliance with the ECIP as non-compliance with an ECIP unless an erosion control order is issued under s. Trans 401.13 (3) and the changes or corrections required by the erosion control order have not been satisfactorily completed in accordance with s. Trans 401.13 (3) (f) . (c) The performance under the contract documents has fallen behind the progress schedule and the prime contractor has not submitted to the project engineer a revised progress schedule within 5 days after receiving a written request from the project engineer to revise the progress schedule. This paragraph applies only if the failure to comply with the progress schedule was a substantial contributing factor in causing, failing to prevent, or worsening the unauthorized discharge. (3) This section does not apply to any of the following unauthorized discharges: (a) Discharges that occur after the project is complete and accepted as final in the manner prescribed in the contract documents. (b) Discharges occurring from any portion of work for which the department has granted partial acceptance as provided in the contract documents.