Initial Regulatory Flexibility Analysis
Initial Regulatory Flexibility Analysis. The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (4),
84.01 (2) and
(5),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.32,
114.31 (7) and
227.11 (2), Stats., and interpreting ss.
30.12 (4),
84.01 (2) and
(5),
84.013 (1),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.095 (1) (b),
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.31 (1) (b),
86.32,
114.31 (7),
227.11 (2) and
283.01 (20), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
12th day of July, 2002, at 10:00 a.m., to consider the amendment of ch.
Trans 401, Wis. Adm. Code, relating to construction site erosion control and storm water management procedures for department actions.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business July 19, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Dan Scudder, Department of Transportation, Bureau of Environment, Room 451, P. O. Box 7965, Madison, WI 53707-7965.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss.
30.12 (4),
84.01 (2) and
(5),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.32,
114.31 (7) and
227.11 (2), Stats.
STATUTES INTERPRETED: ss.
30.12 (4),
84.01 (2) and
(5),
84.013 (1),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.095 (1) (b),
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.31 (1) (b),
86.32,
114.31 (7),
227.11 (2) and
283.01 (20), Stats.
General Summary of Proposed Rule. Currently, statutes require the Department of Transportation (“DOT") to establish standards for the control of soil erosion related to highway and bridge construction that is paid with state or federal funds. The statutes also exempt transportation facility projects directed and supervised by DOT (including highway, airport, harbor, and railroad projects) from numerous environmental prohibitions, and from permit or approval requirements administered by the department of natural resources (“DNR"), if DOT coordinates the exempted project with DNR through interdepartmental cooperation.
This revised ch.
Trans 401 is an integral part of a series of administrative rules and interdepartmental cooperation coordinated with DNR to strengthen Wisconsin's nonpoint source water pollution abatement programs and related water regulations. The changes to ch.
Trans 401 are intended to protect the environment from nonpoint source water pollution originating from transportation facility construction and operation at least as effectively as the nonpoint source water pollution abatement programs and related water regulations proposed by DNR (principally proposed ch.
NR 151). This coordination of rules is intended to provide equal protection to the environment by prescribing similar practices for transportation projects undertaken by the state under regulation of this ch.
Trans 401 and for transportation projects undertaken by local units of government under regulation of proposed ch.
NR 151.
This rule revises construction site erosion control and storm water management for transportation facility projects directed and supervised by DOT. The rule also creates new “post-construction" performance standards for storm water management. More specifically, the rule (which applies only to projects directed and supervised by DOT) does all of the following:
1. Standardizes the use of devices and practices to control erosion and stormwater runoff (“best management practices" or “BMPs"). The rule accepts BMPs as tested and proven effective when applied to specified site conditions. The standards are the same as those required under proposed ch.
NR151, and may be amended only jointly with DNR. Exceptions to the standards require site-specific justification.
2. Maintains the existing scheme of erosion control plans and erosion control implementation plans. DOT prepares an erosion control plan for the project site as part of a project's design. The prime contractor supplements that plan with an erosion control implementation plan (“ECIP"), which reflects borrow sites, material disposal sites and construction methods chosen by the prime contractor. DOT reviews and approves the prime contractor's ECIP in consultation with DNR. The prime contractor implements the ECIP during construction, and DOT routinely inspects the project sites to verify the BMPs' effectiveness at protecting the environment. The prime contractor must take corrective action ordered by DOT and must amend an ECIP if the BMPs are ineffective.
3. Standardizes site inspections, site inspection reporting, and corrective action orders. The rule makes the site inspection process integral to preventing environmental harm by predicating liability for discharges of pollution upon the site inspections and corrective action orders. The rule formalizes communications between DOT and the prime contractor, and resolves minor inconsistencies between DOT's standard contract specifications and ch.
Trans 401. The rule details the process of ordering corrective action found during site inspections to be necessary, and the process of responding to such orders.
4. Clarifies liability for environmental harm caused by discharges of pollution from transportation facility projects. The rule specifies that the prime contractor is liable only if the prime contractor has failed to perform as required in the contract documents and if the failure was a substantial contributing factor in causing, failing to prevent, or worsening the discharge. Whenever the prime contractor has fully performed as required, or where any failure to perform was not a substantial contributing factor, DOT will pay as a project expense all costs associated with the discharge.
5. Creates post-construction standards for stormwater management similar to those in proposed ch.
NR 151. These post-construction provisions include requirements to do all of the following: avoid building transportation facilities near surface waters and to provide vegetated buffer areas where such building is unavoidable; reduce peak stormwater discharge rates from transportation facilities, and the total suspended solids carried in such runoff; encourage infiltration of runoff from transportation facilities into groundwater; reduce the amount of petroleum carried within runoff from fueling and vehicle maintenance areas; and encourage the use of vegetated swales (a low tract of land adjacent to a transportation facility) for the conveyance runoff and the removal of pollutants from runoff.
6. Establishes deadlines and standards for reducing the total suspended solids in runoff from transportation facilities located in developed urban areas. The rule requires DOT to educate DOT staff and other maintenance officials regarding nutrient, pesticide, salt and other deicing material and vehicle maintenance management activities in order to prevent runoff pollution of waters of the state.
7. Addresses utility facility projects undertaken within transportation rights-of-way. The rule harmonizes ch.
Trans 401 with DOT's utility accommodation policy and with the DOT-DNR interdepartmental liaison agreement.
Fiscal Estimate
The Department estimates that there will be an annual fiscal impact on state liabilities of between $4.4 and $6.5 million. The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to Dan Scudder, Department of Transportation, Bureau of Environment, Room 451, P. O. Box 7965, Madison, WI 53707-7965, or by calling (608) 267-3615. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
