Wisconsin Legislature: SPS 385.40(3)(b)1.

(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.

1. Except as provided in subd. 2., each page of a soil evaluation report shall bear:

a. The signature of the certified soil tester who collected the data;

b. The certified soil tester’s identification number; and

c. The date the report is signed.

2. When more than one sheet of a soil evaluation report is bound together into one volume, only the title sheet shall:

a. Be required to be signed, dated and bear the identification number of the certified soil tester who collected the data; and

b. Clearly identify all other sheets comprising the bound volume.

Note: Nothing in this chapter is intended to prohibit the submission and acceptance of planning documents in an electronic or digital media.

(3) Report contents.

(a) Site report. A site evaluation report shall include at least all of the following:

1. The site’s legal description to within 40 acres.

2. The date the data was collected.

3. A legible and permanent site plan that complies with all of the following:

a. Is presented on paper no smaller than 8 ½ inches by 11 inches in size.

b. Is drawn to scale or fully dimensioned.

c. Shows the extent of the site evaluated for soil dispersal or treatment.

4. Location information for all points under investigation including structures, property lines and other encumbrances to the treatment or dispersal component placement on the site.

5. Pertinent elevation data, such as:

a. A reference to, and description of, a permanent vertical and horizontal reference point or bench mark from which all distances and elevations are delineated on the site plan;

b. The natural, undisturbed surface grade elevation for all soil profile excavations;

c. The percent and direction of land slope for the site under evaluation;

d. Ground surface contour lines at an interval appropriate for the conditions present;

e. The floodplain elevation, if established, and current surface elevation of any adjacent navigable waters or reservoir; and

f. The existing grade adjacent to the groundwater elevation observation pipe, the top of the observation pipe, and the bottom of the observation pipe.

(b) Soil report. A soil evaluation report shall include at least all of the following:

1. A site evaluation report pursuant to par. (a).

2. The date soil evaluations were conducted.

3. The site’s legal description to within 40 acres.

4. Soil profile descriptions pursuant to s. SPS 385.30 for all soil profile evaluation excavations.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (3) (a) 3. (intro) Register January 2004 No. 577, eff. 2-1-04; correction in (3) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (2) (b) 1. a. Register June 2018 No. 750, eff. 7-1-18.

SPS 385.50 Governmental unit review.

(1) General.

(a) A governmental unit shall review all soil evaluation reports and site evaluation reports within 6 months of receipt.

(b) Upon completing the review of a soil evaluation report a governmental unit shall accept the report, reject the report, request additional information or clarification, or require verification under sub. (2).

(c) When a report is deemed acceptable, a governmental unit shall so indicate on the report and file the report for future reference.

(d) If the report is not acceptable, a governmental unit shall notify the submitter in writing and shall state the deficiencies or actions, or both, necessary to bring the report into compliance with this chapter or ch. SPS 383.

(2) Verification.

(a) Soil.

1. The governmental unit or the department may require the property owner or the certified soil tester to provide soil pits in accordance with s. SPS 385.20 (3) for verification of soil profile evaluation data.

2. The certified soil tester who is responsible for the soil report shall be present at the site during the verification of soil profile evaluation data if so requested by the governmental unit or the department.

3. Soil verifications may not be conducted under adverse weather or light conditions that may lead to inaccurate results.

(b) Site.

1. The governmental unit or the department may require the property owner or certified individual who prepared the site report to provide assistance and equipment to verify site conditions.

2. The certified individual who is responsible for the site report shall be present at the site during the verification of site conditions if so requested by the governmental unit or department.

(c) Report. The governmental unit or the department shall complete a written report for each soil or site verification completed, and the results or findings of the report shall be filed with the soil and site evaluation report for future reference.

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

SPS 385.60 Soil saturation determinations.

(1) General.

(a) A property owner, or the owner’s agent, may submit documentation to prove that redoximorphic features, or other soil color patterns, at a particular site are not indicative of periodically saturated soil conditions or high groundwater elevation.

(b) Documentation shall be in the form of an interpretive determination, soil saturation determination, hydrograph procedure or artificially controlled navigable water determination pursuant to this section.

(2) Interpretive determinations.

(a) A written report by a certified soil tester evaluating and interpreting redoximorphic soil features, or other soil color patterns, may be submitted to the department in lieu of high groundwater determination data. The written report shall conclusively determine current conditions of periodic soil saturation and assess their effect upon the operation of a POWTS.

(b) The department shall make a determination on the validity of the data, results and conclusions set forth in the report.

1. A soil evaluation report pursuant to s. SPS 385.40.

2. An interpretive review of the site including, but not limited to, all of the following:

a. Local hydrology.

b. A historical interpretation of the local geomorphology.

c. Soil disturbance and hydraulic modification.

d. The landscape position and local topography in the area under investigation.

3. Soil series and mapping units, if available, for the immediate area, as listed in the USDA soil survey.

4. Data, if any, from previous soil saturation determinations in similar soil conditions and landscape position.

5. Any written reports, comments or recommendations by the governmental unit or department staff.

(3) Soil saturation determination.

(a) General. Actual elevations of soil saturation may be determined at specific sites in accordance with the soil saturation determination procedures in par. (c).

1. Precipitation data reported for soil saturation determination purposes shall include monthly totals for September through May, and daily totals for February through May.

2. Precipitation data totals under subd. 1. shall be from either the closest local station to the site where the observation pipe is installed, or the average from the 3 closest local stations to the site. If averaging is used, the totals under subd. 1. shall be submitted for all 3 stations.

(d) Regional water tables.

1. Where sites are subject to a broad, relatively uniform, regional water table, the fluctuation observed over a several year cycle shall be considered.

2. At such sites, and where free water levels are more than 5 feet below grade, determinations shall be made using the hydrograph procedures contained in sub. (4).

3. Areas affected by a regional water table shall be delineated by the department in consultation with the affected counties and the Wisconsin Geological and Natural History Survey.

(e) Fine textured soil.

1. The department may prohibit soil saturation determinations in fine textured soil with high matric potentials where determination results may be inconclusive.

2. In such cases, the department may approve alternative methods to address the direct determination of saturated or near saturated soil conditions not enumerated in this section.

(f) Groundwater elevation observation pipe installation and construction.

1. Number of observation pipes.

a. At least 3 groundwater elevation observation pipes shall be installed to delineate the area under investigation.

b. The governmental unit or department may require more than 3 observation pipes to adequately evaluate potential soil saturation conditions.

2. Observation pipe depth.

a. At the request of the department or governmental unit, at least one observation pipe shall be constructed to a depth of 15 feet below the ground surface to determine if high groundwater elevation conditions are due to a perched water table and the possible extent of the saturated zone.

b. Other observation pipes shall terminate at specific depths below grade that will serve to evaluate where shallow perched zones of soil saturation occur within the soil profile.

c. The governmental unit or department may designate specific observation pipe depths and locations based on soil and site conditions, or experience in a particular geographic area or topographic position.

d. An observation pipe may not be less than 24 inches deep.

3. Observation pipe construction. The direct observation of soil saturation conditions shall be accomplished by means of observation pipes conforming to this subdivision and Figure 385.60-1.