Section 401.06. Performance standards.

 

(1)   General. Best management practices shall be employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff, onto or off a project site or selected site, including the avoidance or minimization of discharges to off–site areas, public sewer inlets and waters of the state.

(2)   Removal of temporary best management practices. A prime contractor or utility person, as appropriate, shall remove or cause the removal of all temporary best management practices at a site when permanent best management practices have been installed to the satisfaction of the project engineer or inspector or when the project engineer or inspector determines that temporary best management practices are no longer required for the purpose intended and orders their removal. The department shall remove or cause to be removed all temporary best management practices at a project site or selected site when permanent best management practices have been installed, if the department has accepted the project as final before the temporary best management practices are removed.

(3)   Tracking. Soils tracked by construction or maintenance equipment from a project site or selected site onto a public or private paved roadway or sidewalk shall be minimized to the maximum extent practicable. The contractor or utility person shall clean or remove soils tracked onto a public or private paved roadway or sidewalk in a manner consistent with this chapter within the period specified by the project engineer or, if no period is specified, within 24 hours after the occurrence, to prevent sedimentation of the tracked soils into waters of the state.

(4)   Sediment cleanup and removal. The contractor shall clean up or remove sediment discharged as a result of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the project engineer. The utility person shall clean up or remove sediment discharged because of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the department's authorized representative. The contractor or utility person shall clean up or remove other off–site sediment discharged by construction or maintenance activity at the end of each work day. Costs incurred under this subsection because of a storm event shall be borne as provided in s. Trans 401.12 .

(5)   Public sewer inlet protection. The contractor or utility person, in accordance with best management practices, shall protect downslope, off–site public sewer inlets reasonably subject to a discharge and downslope, on-site public sewer inlets.

(6)   Building material and other waste disposal. The contractor or utility person shall properly manage and dispose of building materials and other wastes to prevent pollutants and debris from being carried off site by wind or runoff. No person may permit the discharge of any solid materials, including building materials, in violation of chs. 30 and 31 , Stats., or section 404 permit requirements. The contractor or utility person shall dispose of building material and other solid wastes, including surplus materials from a project and materials not suitable for use on a project, in accordance with all applicable federal, state and local laws, regulations, rules and ordinances relating to the disposal of solid wastes.

(7)   Groundwater limitations. When permanent infiltration systems are used, the department shall conduct appropriate on–site testing to determine if the seasonal high groundwater elevation or top of bedrock is within 5 feet of the bottom of the proposed infiltration system. If permanent infiltration systems are to be used and there is a well serving a community water system within 400 feet or a well serving a non-community or private water system within 100 feet, the groundwater flow must be identified in accordance with the provisions specified in either ch. NR 110 or 214 .

(8)   Discharge velocity; site dewatering.

(a) The contractor or utility person shall place velocity dissipation devices at discharge locations and along the length of any outfall channel as necessary to provide a non–erosive flow from a structure to a water course that maintains and protects the natural physical and biological characteristics and functions of the water course.

(b)

1. In this paragraph, "karst feature" means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

2. No contractor or utility person may knowingly direct site dewatering effluent into surface waters of the state or to a karst feature, unless the sediment in the effluent has been reduced to the maximum extent practicable and the discharge does not create an erosion problem downstream prior to entering a surface water of the state or a karst feature, or unless the department of natural resources has approved the action.

History: Cr. Register, October, 1994, No. 466 , eff. 11-1-94; CR 02-081 : r. (intro.), am. (1) to (4), (6) and (7), r. and recr. (5), renum. (8) to be (8) (a) and am., cr. (8) (b) Register December 2002 No. 564 , eff. 1-1-03.

Note

Contact the local fire department for directions on proper disposal of flammable, combustible, toxic materials and other hazardous substances. Microsoft Windows NT 6.1.7601 Service Pack 1 This paragraph does not require the removal of sediment from dewatering effluent unless the effluent is going to surface waters or a karst feature. The preferred method of disposing of dewatering effluent without removing sediment is to direct the effluent to a pervious area, where water may infiltrate into the ground, instead of directing it into a surface water. Another method to dispose of effluent without removing sediment is to discharge the effluent to a sanitary sewer system. This method may be viable in urban areas where a sanitary sewer system is available, if the sewer authority allows such a discharge. Microsoft Windows NT 6.1.7601 Service Pack 1