Corrective action

Corrective action. (1) Active or imminent threat. The utility person or department representative may, either verbally or by written order, suspend all operations contributing to an active unauthorized discharge, or posing an imminent threat, to waters of the state. The utility person shall suspend operations until the actions that caused the unauthorized discharge, or imminent threat, are corrected and the utility person or department representative authorizes the operations to resume. (2) Unauthorized discharges. The utility person shall notify the department representative and DNR within 24 hours after learning of any unauthorized discharge from a project site or TSA site into waters of the state. The utility person, department, and DNR will consult on the unauthorized discharge and determine what cleanup effort is necessary, if any. The utility person shall develop a cleanup plan, including a timeframe for completion, and provide it to the department and DNR for review. No utility person shall implement a cleanup plan until the DNR has provided concurrence with the cleanup plan. (3) Corrective action. Upon completing an inspection under s. Trans 401.29 , the utility person 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 utility person, verbally or in writing, whenever an inspection of the project site by the department reveals the need for changes or corrections to existing BMPs. (b) Upon receipt of a corrective action order directing changes or corrections to existing BMPs, the utility person shall implement the necessary corrective action within 24 hours after receiving the corrective action order. (c) Upon receipt of a corrective action order directing additional or new BMPs, the utility person shall implement the necessary corrective actions within the time period specified on the corrective action order. (d) Upon completing the corrective action, the utility person shall notify the department representative of the corrective action taken and the date completed. (e) After the utility person provides notice of corrective action completion to the department representative in par. (d) , the department will have 24 hours, or until noon the following business day, whichever is later, 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 utility person written notice that the implemented corrective action is rejected. (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 utility person is considered not in compliance with the utility permit and 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) .