Register June 2018 No. 750
Chapter SPS 385
SOIL AND SITE EVALUATIONS
SPS 385.10 Qualifications.
SPS 385.20 Soil evaluations.
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.
Ch. SPS 385 Note
Note: Chapter H 65 as it existed on May 31, 1983 was repealed and a new Chapter ILHR 85 was created effective June 1, 1983.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 Chapter Comm 85 as it existed on June 30, 2000 was repealed and a new chapter Comm 85 was created,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
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.
SPS 385.01 History
History: Cr.
Register, April, 2000, No. 532, eff. 7-1-00.
SPS 385.02(1)
(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.
SPS 385.02(2)
(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.
SPS 385.02 Note
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.
SPS 385.02 History
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(1)
(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.
SPS 385.10 Note
Note: Section
SPS 305.33 delineates the qualifications and certification procedures for certified soil testers.
SPS 385.10(2)
(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.
SPS 385.10(3)
(3) Soil saturation determinations. Soil saturation determinations may only be conducted and reported by an individual who is a certified soil tester.
SPS 385.10 History
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(1)(a)(a) Soil boring methods and procedures shall comply with this section.
SPS 385.20(1)(b)
(b) Maximum soil application rates shall be determined relative to the soil texture, structure and consistence for each soil horizon or layer.
SPS 385.20 Note
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.
SPS 385.20(2)(a)(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.
SPS 385.20(2)(b)1.a.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.
SPS 385.20(2)(b)1.b.
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).
SPS 385.20(2)(b)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).
SPS 385.20(2)(b)1.d.
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.
SPS 385.20(2)(b)2.
2. At least one soil pit or soil boring shall be used to establish soil suitability for a pit privy.
SPS 385.20(2)(c)1.1. Soil profile evaluations used to determine soil application rates shall be conducted using soil pits.
SPS 385.20(2)(c)2.
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.
SPS 385.20(2)(d)
(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.
SPS 385.20(3)(a)(a) Soil profile excavations. A soil profile excavation shall be of such size and construction to allow accurate determination of soil characteristics.
SPS 385.20(3)(b)1.1. 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.
SPS 385.20(3)(c)
(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.
SPS 385.20 Note
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.
SPS 385.20(4)(a)(a) Soil color evaluations shall be performed on days when light conditions permit accurate color determinations.
SPS 385.20(4)(b)
(b) Frozen soil material shall be thawed prior to conducting evaluations for soil color, texture, structure and consistence.
SPS 385.20 History
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
SPS 385.30 Soil profile description and interpretations. SPS 385.30(1)(a)(a) A soil profile description shall be prepared for each soil profile excavation constructed.
SPS 385.30(1)(b)
(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.
SPS 385.30(1)(c)
(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:
SPS 385.30(1)(c)3.
3. Soil mottle or redoximorphic feature color, abundance, size and contrast.
SPS 385.30(1)(c)4.
4. United States Department of Agriculture, USDA, soil textural class with rock fragment modifiers.
SPS 385.30(1)(c)9.
9. Occurrence of saturated soil, groundwater, bedrock or disturbed soil.
SPS 385.30(1)(d)
(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.
SPS 385.30(2)(a)(a) Redoximorphic features or mottles shall be interpreted as zones of seasonal or periodic soil saturation or groundwater, except as provided under
sub. (3).
SPS 385.30(2)(b)
(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:
SPS 385.30(2)(b)2.
2. The lower boundary of overlying fill material where no buried A horizon exists.
SPS 385.30(3)(a)(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:
SPS 385.30(3)(a)1.
1. Fossilized soil color patterns formed by historic periodic soil saturation.
SPS 385.30(3)(a)2.
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.
SPS 385.30(3)(a)3.
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.
SPS 385.30(3)(a)5.
5. Unevenly weathered glacially deposited material, glacially deposited material naturally gray in color, or concretionary material in various stages of decomposition.
SPS 385.30(3)(b)
(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.
