Wisconsin Legislature: SPS 385.20(2)(b)1.b.

SPS 385.30 Soil profile description and interpretations.

SPS 385.40 Evaluation reports.

SPS 385.50 Governmental unit review.

SPS 385.60 Soil saturation determinations.

Note: Chapter H 65 as it existed on May 31, 1983 was repealed and a new Chapter ILHR 85 was created effective June 1, 1983. Chapter ILHR 85 was renumbered Chapter Comm 85 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494. Chapter Comm 85 as it existed on June 30, 2000 was repealed and a new chapter Comm 85 was created, Register, April, 2000, No. 532, eff. 7-1-00. Chapter Comm 85 was renumbered chapter SPS 385 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

SPS 385.01 Purpose. The purpose of this chapter is to establish the minimum requirements for evaluating and reporting soil and site characteristics that may affect treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00.

SPS 385.02 Scope.

(1) Pursuant to s. 145.02, Stats., this chapter applies to all soil and site evaluations conducted relative to the treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes into soil.

(2) A department interpretation of the requirements in this chapter shall supersede any differing interpretation by a lower level jurisdiction. A department decision on the application of the requirements in this chapter shall supersede any differing decision by a lower level jurisdiction.

Note: A decision of the department may be appealed. Section 101.02 (6) (e), Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 07-100: renum. to (1), cr. (2) Register September 2008 No. 633, eff. 10-1-08.

SPS 385.10 Qualifications.

(1) Soil evaluation. A soil evaluation for treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human wastes regulated by chs. SPS 383 and 391 shall be performed by an individual who is a certified soil tester. A soil evaluation for the treatment or dispersal of stormwater regulated under ch. SPS 382 shall be performed by an individual who is either a certified soil tester or one who holds a professional soil scientist license under ch. GHSS 4.

Note: Section SPS 305.33 delineates the qualifications and certification procedures for certified soil testers.

(2) Site evaluation. A site evaluation, relative to the installation of a POWTS treatment, holding or dispersal component location, or to determine land slope or setback distances to topographic or other site features shall be performed by a Wisconsin registered architect, professional engineer, designer of plumbing systems, designer of private sewage systems or land surveyor; a certified soil tester or POWTS inspector; or a licensed master plumber or master plumber-restricted service.

(3) Soil saturation determinations. Soil saturation determinations may only be conducted and reported by an individual who is a certified soil tester.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 04-035: am. (1) Register November 2004 No. 587, eff. 12-1-04; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 385.20 Soil evaluations.

(1) General.

(a) Soil boring methods and procedures shall comply with this section.

(b) Maximum soil application rates shall be determined relative to the soil texture, structure and consistence for each soil horizon or layer.

Note: Section SPS 383.44 establishes maximum soil application rates and soil treatment capability for the design of POWTS treatment or dispersal components consisting in part of in situ soil.

(2) Number, type and depth of evaluations.

(a) General. The number, type, depth and location of soil profile evaluations shall be sufficient to delineate the area under investigation and to assure consistency of the data within that area.

(b) Number and area.

a. Except as provided in subd. 1. d. and subd. 2., a minimum of 3 soil profile evaluation excavations shall be used to delineate a site within which POWTS treatment or dispersal components consisting in part of in situ soil are to be located.

b. For estimated daily flows of 1,000 gallons per day or less, at least one soil profile evaluation excavation per treatment or dispersal site shall be constructed as a soil pit, and described in accordance with s. SPS 385.30 (1) (c).

c. For estimated daily flows greater than 1,000 gallons per day, at least 3 soil profile evaluations per treatment or dispersal site shall be constructed as soil pits, and described in accordance with s. SPS 385.30 (1) (c).

d. The department or governmental unit may require additional soil profile evaluation excavations to be constructed where soil variability considerations may not be adequately addressed. The department or governmental unit may specify that soil profile descriptions in accordance with s. SPS 385.30 (1) (c) be conducted for any additional soil profile evaluation excavations.

2. At least one soil pit or soil boring shall be used to establish soil suitability for a pit privy.

Note: Sections SPS 383.44 (3) and 391.12 (1) (b) 1. contain further information regarding privy siting and soil requirements.

1. Soil profile evaluations used to determine soil application rates shall be conducted using soil pits.

2. Soil profile evaluations used to determine or identify soil horizon depths, soil color, soil texture, redoximorphic feature colors or depth to groundwater or bedrock shall be conducted using either soil pits or soil borings.

(d) Depth. Soil profile evaluations shall extend an adequate depth below the land surface to identify soil properties critical to soil treatment or dispersal of wastewater, treated wastewater, final effluent or nonwater-carried human waste.

(3) Excavation methods.

(a) Soil profile excavations. A soil profile excavation shall be of such size and construction to allow accurate determination of soil characteristics.

(b) Soil borings.

1. Soil borings shall be created by means of a soil bucket auger, soil probe, split-spoon sampler or Shelby tube having at least a 2 inch diameter.

2. A soil boring may not be created by means of a power auger.

(c) Soil pits. A soil pit shall be of adequate size, depth and construction to enable a person to safely enter and exit the pit and to complete a morphological soil profile description.

Note: Occupational safety and health administration regulations (29 CFR 1926, Subpart P) apply to certain types of excavations, and the persons entering such excavations need to be familiar with those regulations.

(4) Soil evaluation conditions.

(a) Soil color evaluations shall be performed on days when light conditions permit accurate color determinations.

(b) Frozen soil material shall be thawed prior to conducting evaluations for soil color, texture, structure and consistence.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (2) (b) 1. b., c., d. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 385.30 Soil profile description and interpretations.

(1) General.

(a) A soil profile description shall be prepared for each soil profile excavation constructed.

(b) Soil profile descriptions shall be written in accordance with the descriptive procedures, terminology and interpretations found in Chapter 3 of the Soil Survey Manual, USDA, October, 1993, except where modified by, or in conflict with, this chapter.

(c) A soil profile description to substantiate soil application rates shall include at least all of the following morphological information for each soil horizon or layer:

1. Thickness in inches or decimal feet.

2. Munsell soil color notation.

3. Soil mottle or redoximorphic feature color, abundance, size and contrast.

4. United States Department of Agriculture, USDA, soil textural class with rock fragment modifiers.

5. Soil structure grade, size and shape.

6. Soil consistence.

7. Root abundance and size.

8. Soil boundary.

9. Occurrence of saturated soil, groundwater, bedrock or disturbed soil.

(d) A soil profile description to substantiate soil characteristics other than for application rates shall include the information specified in par. (c) 1. to 4. and 9.

(2) Soil interpretations.

(a) Redoximorphic features or mottles shall be interpreted as zones of seasonal or periodic soil saturation or groundwater, except as provided under sub. (3).

(b) Unless otherwise determined under s. SPS 385.60, the highest elevation of seasonal soil saturation shall be the ground surface where redoximorphic features are present within 4 inches of any of the following:

1. An A horizon that extends to the ground surface.

2. The lower boundary of overlying fill material where no buried A horizon exists.

3. An A horizon buried by overlying fill material.

(3) Soil color pattern exemptions.

(a) Without filing a report under s. SPS 385.60 (2), a certified soil tester may discount the following conditions, not limited by enumeration, as indicators of seasonally saturated soil:

1. Fossilized soil color patterns formed by historic periodic soil saturation.

2. A soil profile where redoximorphic features are confined within 12 inches of tension saturated silt loam or finer textured soil immediately overlying unsaturated coarse sandy loam or coarser textured soil that has a depth in the coarser material adequate to accommodate a distribution cell and dispersal zone.

3. A soil profile where redoximorphic features are confined within 24 inches of tension saturated silt loam or finer textured soil immediately overlying unsaturated coarse loamy sand or coarser textured soil that has a depth in the coarser material adequate to accommodate a distribution cell and dispersal zone.

4. Residual sandstone colors.

5. Unevenly weathered glacially deposited material, glacially deposited material naturally gray in color, or concretionary material in various stages of decomposition.

6. Deposits of lime.

7. Light colored silt or fine sand coatings on soil ped surfaces.

(b) Without filing a report under s. SPS 385.60 (2) for a specific site, the department may accept the results of soil saturation determinations or of the hydrograph procedure under s. SPS 385.60 previously conducted for areas adjacent to the site, provided that the soil profile descriptions and interpretations confirms that the soil and site conditions are similar for the specific site and the adjacent areas.

(4) Soil color pattern reports. The certified soil tester shall report and describe any soil color pattern exemptions encountered.

(5) Determination requests. A certified soil tester may request assistance by the governmental unit or department staff in evaluating the significance of unusual soil color patterns as indicators of soil saturation that may not indicate saturated soil conditions. The governmental unit or department may decline to provide such assistance, and defer to the use of soil saturation determinations pursuant to s. SPS 385.60 or some other method.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: r. and recr. (2) (b) and (3) (a) 2. and 3. Register January 2004 No. 577, eff. 2-1-04; CR 07-100: am. (5) Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) (intro.), (3) (a) (intro.), (b), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 385.40 Evaluation reports.

(1) General. A soil evaluation report shall be prepared and submitted to the governmental unit having jurisdiction upon the completion of the evaluation and associated report form.

(2) Soil report certification and format.

(a) Soil evaluation reports. Soil evaluation reports shall be prepared in a format specified by the department and this chapter.

Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

(b) Certification.