[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as §§ 5.401
to 5.410 of the 1997 Code; amended July 2007. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to regulate the use of explosive
materials and to establish uniform limits on permissible levels of
blasting resultants to reasonably assure that blasting resultants
do not cause injury or damage or become a nuisance to persons or property.
The following definitions shall apply in this chapter. Terms
not herein defined shall be understood to have their usual and ordinary
dictionary meaning.
An airborne shock wave resulting from the detonation of explosives.
Approval granted by the Town of Pittsfield.
Any individual holding a valid blaster's license issued by
the Wisconsin Department of Safety and Professional Services.
Any method of loosening, moving or shattering masses of solid
matter by use of an explosive.
Any individual, corporation, company, association, firm,
partnership, society, or joint stock company engaged in a blasting
operation.
Any operation, enterprise or activity involving the use of
blasting.
The physical manifestations of forces released by blasting,
including, but not limited to, projectile matter, vibration and concussion,
which might cause injury, damage or unreasonable annoyance to persons
or property located outside the controlled blasting site area.
A built-up inhabited area.
The Wisconsin Department of Safety and Professional Services.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes but is not
limited to electric blasting caps of instantaneous and delay types,
blasting caps for use with a safety fuse, detonating cord delay connectors,
and nonelectric instantaneous and delay blasting caps.
A blasting cap designed for, and capable of, initiation by
means of an electric current.
The substantially instantaneous release of both gas and heat.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion unless the compound,
mixture or device is otherwise classified by the Department rule.
Explosives, blasting agents and detonators. The term includes,
but is not limited to, dynamite and other high explosives, slurries,
emulsions, water gels, blasting agents, black powder, pellet powder,
initiating explosives detonators, safety fuses, squibs, detonating
cord, igniter cord and igniters.
Rock that is propelled through the air from a blast.
A shaking of the ground caused by the seismic wave emanating
from a blast.
Any public street, public alley or public road.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure where people are accustomed to assemble, except
any building or structure occupied in connection with the manufacture,
transportation, storage or use of explosive materials.
An excessive, repeated noise, action or other disturbance
that would cause an unreasonable annoyance.
Any measure of ground vibration describing the velocity at
which a particle of ground vibrates when excited by a seismic wave.
The area that surrounds a blasting site and:
Any individual, corporation, company, association, firm,
partnership, society or joint stock company.
Any ratio between the amount of powder loaded and the amount
of rock broken.
A capped fuse, electric detonator or any other detonating
device inserted in or attached to a cartridge of detonator sensitive
explosive.
The inert material, such as drill cutting, used in the collar
portion or elsewhere of a blast hole to confine the gaseous products
of detonation.
A.
General. No person shall handle or use explosive materials in the
Town of Pittsfield, unless he:
(1)
Possesses a valid State of Wisconsin blaster's license with the proper
classification or is supervised by a holder of a valid State of Wisconsin
blaster's license with the proper classification.
(2)
Possesses all necessary state permits and complies with all applicable
local, state, and federal regulations, including, but not limited
to, the requirements of this chapter and Chapter SPS 307, Explosives
and Fireworks, Wisconsin Administrative Code.
B.
Permit. No person or blasting business shall handle, use or cause
explosives to be detonated within the Town of Pittsfield without an
explosives use permit issued by the Town of Pittsfield as hereafter
set forth, to such person, his supervisor or employer.
(1)
Application. Applications for an explosives use permit shall be in
writing upon forms provided by the Town Clerk. Applications shall
be accompanied by a permit fee as provided in the Town Fee Schedule.[1] Permits shall be issued on an annual basis commencing
January 1 and ending on December 31. All explosives use permits applied
for after January 1 shall be prorated from the date of the issuance
of the permit through the end of the year. Applications may be made
by and permits issued to the blasting business, provided that the
person doing the blasting or responsible for such blasting shall hold
a valid Wisconsin blaster's license with proper classification. The
applicant will identify the licensed blasters operating under the
permit and the blasting locations within the Town of Pittsfield. In
the discretion of the Board, the permit fee may be waived upon showing
of acceptable hardship by the applicant. All applications for reissuance
and renewal for an explosives use permit shall be filed by the permittee
with the Town Clerk of the Town of Pittsfield within 60 days before
the expiration date of the previous permit along with the annual permit
fee provided in the Town Fee Schedule.[2]
(2)
Certificate of insurance. Each application for an explosives use
permit as herein stated, or a renewal thereof, shall be accompanied
by a certificate of insurance for a commercial general liability policy
and said policy of insurance shall have limits of coverage of not
less than $1,000,000 in the aggregate and $500,000 per occurrence
and the Town shall be named as an additional insured on applicant's
policy of liability insurance.
(3)
Explosives use plan. Each application for an explosives use permit
or a renewal thereof shall include a written description of the total
area within which explosives are proposed to be used, blasting procedures
to be employed, including types of explosives, initiating systems,
and an aerial photograph or drawing acceptable to the Town Board with
a scale of no less than one inch equals 400 feet and which accurately
includes all areas and inhabited buildings within 1,000 feet of all
property lines of the owner of the property.
(4)
Blasting notification. Before any blasting operation may be conducted
within the Town of Pittsfield, the blaster shall give notice thereof
by the conspicuous display of a fluorescent flag and legible sign
giving notice of the blasting operation. The flag and sign shall be
displayed at least 24 hours prior to and during all blasting operations.
In addition, verbal or written notice of the blasting operation shall
be given to the Town Clerk of the Town of Pittsfield at least 24 hours
prior to commencement of blasting operations, if required by the Town
Board.
(5)
Hours of operation. Blasting shall only be conducted between 8:00
a.m. and 4:00 p.m. on Monday through Friday; provided, however, that
in the event an emergency has delayed a blast beyond 4:00 p.m., loaded
holes may be blasted within a reasonable time thereafter. Blasting
shall not be conducted at other times or on Sundays or legal holidays
without written permission from the Town Board, which shall only be
granted upon a showing of extreme need.
(6)
Blasting log. An accurate blasting log shall be prepared and maintained
for each blast fired, and a true and complete copy of said log shall
be supplied to the Town Clerk within three working days of a request
for a copy of said log by the Town Board. The Town may require that
the permittee furnish to the Town an analysis of any particular blasting
log to be prepared by the permittee. In the event the permittee cannot
or will not prepare a reliable analysis, the Town may obtain such
analysis from an independent expert. The permittee shall be liable
for the reasonable cost of such analysis if it is determined after
an opportunity to be heard that this chapter was violated by the permittee.
Each blasting log shall include, but not be restricted to, the following
information:
(a)
Name and license number of blaster in charge of blast.
(b)
Blast location referenced to the supplied aerial photograph.
(c)
Date and time of blast.
(d)
Weather conditions at time of blast.
(e)
Diagram and cross section of blast hole layout.
(f)
Number of blast holes.
(g)
Blast hole depth and diameter.
(h)
Spacing and burden of blast holes.
(i)
Maximum holes per delay.
(j)
Maximum pounds of explosives per delay.
(k)
Depth and type of stemming used.
(l)
Total pounds of explosives used, including primers and initiating
cord.
(m)
Distance to nearest inhabited building not owned by permittee.
(n)
Type of initiation system used.
(o)
Seismographic and airblast information, which shall include:
[1]
Type of instrument and last calibration date;
[2]
Exact location of instrument and date, time and distance from
the blast;
[3]
Name and company affiliation of person taking reading;
[4]
Name of the person and firm analyzing the seismographic and
airblast data when required;
[5]
Vibrations and airblast levels recorded; and
[6]
Copy of the seismograph printout.
C.
No permittee shall be required to obtain more than one permit annually
for its operations within the Town of Pittsfield.
The Town Clerk, upon receipt of a properly completed temporary
permit application form, may issue a temporary permit to allow for
special construction or demolition activities requiring the use of
explosives. Temporary permits shall be issued for a duration of 14
consecutive working days. The temporary permit fee shall be $100 and
shall be submitted with the completed temporary permit application
form. Only one temporary permit can be issued for any given site within
the year of permit issuance. Except as provided herein, all of the
requirements of this chapter apply to temporary permits.
A.
Purpose of section. It is the purpose of this section to provide
for the establishment of uniform limits on permissible levels of blasting
resultants to reasonably assure that blasting within the Town of Pittsfield
does not cause injury, damage or a nuisance to persons or property
outside and beyond the permitted explosives use area.
B.
Instrumentation. All blast-monitoring instruments used to produce
data to support compliance with this section shall meet the following
minimum specifications:
(1)
Seismic frequency range: two to 200 Hz (3 Hz).
(2)
Acoustic frequency range: two to 200 Hz (1 dB).
(3)
Velocity range: 0.02 to 4.0 inches per second.
(4)
Sound range: 100 to 140 dB linear.
(5)
Transducers: three mutually perpendicular axes.
(6)
Recording: provide time-history of wave form.
(7)
Printout: direct printout showing time, date, peak air pressure,
peak particle velocity and frequency in three measured air blasts
and particle velocity in the three directions.
(8)
Calibration: at least once every 12 months according to manufacturer's
recommendations.
C.
Control of adverse effects.
(1)
General requirements. Blasting shall be conducted so as to prevent
injury or a nuisance to persons and damage to public or private property
outside the permitted explosives use area.
(2)
Airblast limits. Airblast shall not exceed the following limits at
the location of a dwelling, public building, place of employment,
school, church or community or institutional building outside and
beyond the permitted explosives use area:
Lower Frequency Limit of Measuring System in Hz
|
Maximum Level in db
| |
---|---|---|
2 Hz or lower - flat response
|
133 peak
| |
6 Hz or lower - flat response
|
129 peak
|
D.
Ground vibration.
(1)
The maximum ground vibration at the location of any dwelling, public building, place of employment, school, church, or community or institutional building outside the controlled blasting site area shall be established in accordance with either the maximum peak particle velocity limit, the scaled-distance of Subsection G, the blasting-level chart of Subsection H.
(2)
All structures in the vicinity of the blasting area not listed in Subsection D(1), such as water towers, pipelines and other utilities, tunnels, dams, impoundments and underground mines, shall be protected from damage by establishment by the operator of maximum allowable limit on the ground vibration. The operator shall establish the limit after consulting with the owner of the structure.
(3)
Maximum peak particle velocity. An operator may use the maximum ground
vibration limits listed in Table 7.64-2.
Table 7.64-2
| |||
---|---|---|---|
Peak Particle Velocity Limits
| |||
Maximum in Allowable Peak Particle Velocity for Ground
Vibration, inches per second
| |||
Type of Structure
|
At Frequencies Below 40 Hz*
|
At Frequencies 40 Hz and Greater
| |
Modern homes and structures with drywall interiors
|
0.75
|
2.0
| |
Older homes and structures with plaster on wood lath construction
for interior walls.
|
0.50
|
2.0
|
Notes:
| ||
---|---|---|
*
|
All spectral peaks within 6 dB (50 pct) amplitude of the predominant
frequency must be analyzed.
|
E.
Ground vibration shall be measured as the particle velocity. Particle
velocity shall be recorded in three mutually perpendicular directions.
The maximum allowable peak particle velocity shall apply to each of
the three measurements.
F.
A seismographic record shall be provided for each blast.
G.
Scaled-distance equation.
(1)
An operator may use the scaled-distance equation, W = (D/Ds)2, to determine the allowable charge-weight of explosives to be detonated in any eight-millisecond period, without seismic monitoring, where W = the maximum weight per delay of explosives, in pounds; D = the distance, in feet, from the blasting site to the nearest structure listed in Subsection D(1); and Ds = the scaled-distance factor listed in Table 7.64-3.
(2)
The development of a modified scaled-distance factor may be authorized by the Town on receipt of a written request by the operator, supported by seismographic records of blasting at the site. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of Subsection D at ninety-five-percent confidence level.
Table 7.64-3
| ||
---|---|---|
Scaled-Distance Factor Limits
| ||
Distance (D) from Blasting in feet
|
Scaled-Distance Factor (Ds) to be Applied Without Seismic
Monitoring
| |
0 to 300
|
50
| |
301 to 5,000
|
55
| |
5,001 and beyond
|
65
|
A.
Monitoring.
(1)
The permittee shall monitor all blasts at the closest location to
the blast of any dwelling, public building, place of employment, school,
church or community or institutional building outside and beyond the
permittee explosives use area; provided, however, that the permittee
may monitor at another location, approximately the same distance from
the blast site, if the permittee is unable to obtain permission to
conduct the monitoring from the owner of the preferred location. The
Town Board or its designee may, at its discretion, require the relocation
of monitoring equipment to a more suitable site.
(2)
The measuring equipment used shall have an upper end flat frequency
response of at least 200 Hz.
(3)
All measuring equipment during monitoring shall be spiked to the
ground or sandbagged.
B.
Flyrock. Flyrock produced as a result of explosives use shall be
totally contained within the permitted explosives use area.
C.
Seismic monitoring. The Town Board, in its discretion, may conduct
independent seismic blast monitoring or air blast monitoring to spot-check
data supplied by the permit holder. If the independent monitoring
discloses after hearing that this chapter was violated by the permittee,
then in that event the permittee shall pay the reasonable costs incurred
by the Town for independent monitoring.
A.
Each explosives use permit application and all reapplications shall
include the names and addresses of all residents or owners of dwellings
or other structures located within 1,000 feet of the boundaries of
the blasting site, as described in the explosives use plan.
B.
At the time of permit application, the applicant shall have notified,
in writing, all residents or owners of dwellings or other structures
located within the previously defined area of 1,000 feet, who may
request a preblast survey and a water quality test for existing wells.
This request shall be in writing. The applicant shall cause a preblast
survey to be conducted as to such dwelling or structures, and water
quality testing for existing wells; provided, however, that the applicant
shall not be required to conduct a preblast survey or well water quality
testing more than once every six years as to any dwelling, structure,
or well.
C.
The owner of a dwelling or structure that is within 1,000 feet of
the blasting site which, subsequent to the conducting of a preblast
survey, has been substantially modified or improved by more than 50%
of the property's fair market value may request a preblast survey.
If it is found that a preblast survey for such improved or modified
structure is appropriate, the applicant/permittee may conduct such
surveys within a reasonable period of time, but in no case exceeding
twice a year for all such requests by all owners.
D.
The preblast survey and water quality testing shall be promptly conducted
in a manner and form and by an independent survey company, a laboratory
approved by the State of Wisconsin or organization selected by the
applicant and acceptable to the owner or resident and the Town Board.
The survey shall determine the condition of the dwelling or structure
and shall document any preblasting damage or other physical factors
that could reasonably be expected to be affected by the use of explosives.
The testing of wells shall determine the condition of the water as
to be safe for human use. The Board may consider accepting a blasting
survey or well water test that was prepared prior to the effective
date of this chapter if the blasting survey and well water test meet
the requirements outlined herein.
E.
The survey shall include a written report signed by the person who
conducted the survey. Copies of the survey report shall be promptly
provided to the Town of Pittsfield, the owner or resident, and the
applicant/permittee. The owner, resident, or applicant/permittee shall
promptly submit in writing to the Town of Pittsfield any objections
to the survey report, setting forth in detail such objections.
F.
The water quality test for existing wells shall include a written
report signed by the person who conducted the test. Copies of the
test shall be promptly provided to the Town of Pittsfield, the owner
or resident, and the applicant/permittee. The owner, resident or applicant/permittee
shall promptly submit in writing to the Town of Pittsfield objections
to the test, setting forth in detail such objections.
A.
Enforcement. The following are criteria that the Town Board may consider
for issuance, reissuance, suspension or revocation of a explosives
use permit:
(1)
Compliance with the blasting standards established by the Town of
Pittsfield as noted herein by this chapter.
(2)
Development and submittal to the Town Board of the Town of Pittsfield
of the explosives use plan.
(3)
Development and submittal to the Town Board of the Town of Pittsfield
of the blasting log, when requested, and compliance with the operation
plan with the information called for by the blasting log.
(4)
Maintaining the insurance required by this chapter.
(5)
Compliance with the operational hours for blasting as noted herein
by this chapter.
(6)
Compliance with airblast and ground vibration standards established
by the Town of Pittsfield as noted herein by this chapter.
(7)
Compliance with the preblasting notification requirements to residents
and the Town Board as noted herein by this chapter.
(8)
Attempts made by the permittee to comply with the provisions of this
chapter.
(9)
Consideration of atmospheric or unknown conditions, including geophysical
conditions, and other matters beyond the control of the permittee.
B.
Suspension/revocation.
(1)
Unless expressly provided herein or by other Town of Pittsfield ordinance
provisions, the explosives use permit may be suspended or revoked
for cause for substantial noncompliance with this chapter after the
proper Town of Pittsfield hearing noted below, unless in an emergency
condition determined by the Town Board, wherein the license, registration
or permit can be suspended temporarily for a set time period. Prior
to any action for suspension or revocation, the Town Board of the
Town of Pittsfield must, by the Town Clerk of the Town of Pittsfield,
receive a verified complaint concerning the licensee, registrant or
permittee. The following persons may file a verified complaint with
the Town Board of the Town of Pittsfield:
(2)
The Town Board will make a determination if the allegations of the
complaint are of sufficient magnitude, importance, or otherwise of
such a nature as to require a formal evidentiary hearing.
(3)
The person subject to charges for violation of any Town of Pittsfield
ordinance, or any violation of a condition of the explosives use permit,
shall be provided a copy of the verified complaint and notice of hearing
before the Town Board of the Town of Pittsfield. The hearing shall
be required to be not less than 10 days nor more than 30 days after
receipt of notice, unless stipulated in writing by the Town Board
of the Town of Pittsfield and the person subject to charges.
(4)
The person subject to charges for violation of any Town of Pittsfield
ordinance or any violation of a condition of the explosives use permit
shall be entitled to the following:
(5)
The Town Board may, after the hearing, for any person previously
issued an explosives use permit by the Town Board, act as follows:
(6)
The final decision of the Town Board of the Town of Pittsfield to
revoke or suspend the explosives use permit shall be subject to appeal
to the Circuit Court, which appeal must be filed with the Circuit
Court not later than 45 days from the mailing of the Town Board's
decision to the permit holder.
C.
Penalty.
(1)
In addition to the denial, suspension or revocation of a permit issued
under this chapter, any person who shall violate any provision of
this chapter or who shall fail to obtain a permit as required hereunder
shall, upon conviction of such violation, be subject to a penalty
of a civil forfeiture of not less than $75 nor more than $1,000, together
with the costs of prosecution. Any default of such forfeiture determined
by a court of competent jurisdiction shall be subject to any penalties
as provided by §§ 66.0109, 66.0113, 66.0114 and 66.0115,
Wis. Stats., and as may be amended.
(2)
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this chapter shall preclude
the Town from maintaining any appropriate action to prevent or remove
a violation of any provision of this chapter.