Corrective action

Corrective action. (1) Active or imminent threat. The maintenance provider or department representative may, either verbally or by written order, require the suspension of all operations contributing to an active unauthorized discharge, or posing an imminent threat, to waters of the state. The maintenance provider shall suspend operations until the actions that caused the unauthorized discharge, or imminent threat, are corrected and the maintenance provider or department representative authorizes the operations to resume. (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 department representative shall consult with the DNR to determine if a cleanup plan for the unauthorized discharge is necessary. If a cleanup plan is necessary, the department shall coordinate with the maintenance provider 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 any cleanup plan before the cleanup effort commences. (3) Corrective action. Upon completing an inspection under s. Trans 401.21 , the maintenance provider shall implement the necessary corrective action within 24 hours after completing the inspection. (4) Corrective action ordered by the department. (a) A department representative shall inform the maintenance provider, verbally or in writing, whenever an inspection of the site by the department reveals the need for changes or corrections to BMPs. (b) Upon receipt of a corrective action order requiring changes or corrections to existing BMPs, the maintenance provider shall implement, or cause to be implemented, the necessary corrective action within 24 hours after receiving the corrective action order, or earlier, if directed, to prevent an active or imminent threat to the environment. (c) Upon receipt of a corrective action order requiring additional or new BMPs, the maintenance provider shall implement the necessary corrective actions within the time period specified by the corrective action order. (d) Upon completing the corrective action, the maintenance provider shall notify the appropriate department representative of the corrective action taken and the date completed. (e) After the maintenance provider provides the corrective action completion notice to the department representative in par. (d) , the department will 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 a corrective action order satisfactorily completed after such time, unless within such time the department has inspected and provided the maintenance provider written notice that the implemented corrective action is rejected. If an unauthorized discharge occurs after the maintenance provider provides notice of the corrective action completion to the department representative, but before the department representative approves or rejects the corrective action, the maintenance provider shall have an opportunity to demonstrate that it completed the corrective action as required prior to the unauthorized discharge. (f) If the department does not reject any completed corrective action within the time specified in par. (e) , the department may compel corrective action at the affected area only by issuing a new corrective action order. (g) Except for the time periods allowed under pars. (b) and (c) for completing corrective action, a maintenance provider is considered not in compliance with the corrective action order for any area or matter described in the corrective action order as requiring changes or corrections until such time as the change or correction is satisfactorily completed, as determined under par. (e) .