[HISTORY: Adopted by the Town Board of the Town of Lawrence 4-24-2000. 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, damage or 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 shockwave resulting from the detonation of explosives.
An approval granted by the Town of Lawrence.
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 safety fuses, 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 by 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 elastic 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.[1]
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 blaster and blasting business and all owners of property
located within 1,000 feet of the boundaries of a blasting site.
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 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 Lawrence unless he/she:
(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;
and
(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, of the Wisconsin Administrative Code.
B.
Permit. No person shall handle, use or cause explosives to be detonated
within the Town of Lawrence without an explosives use permit issued
by the Town of Lawrence as hereafter set forth to such person or his
supervisor or employer:
(1)
Application. Applications for an explosives use permit shall be in
writing upon forms provided by the Town of Lawrence. Applications
shall be accompanied by a permit fee as provided in the Town Fee Schedule.
Permits shall be issued on an annual basis commencing January 1 and
ending on December 31. 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 Lawrence. At 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 of an explosives use permit
shall be filed by the permittee with the Town Clerk/Treasurer of the
Town of Lawrence within 60 days before the expiration date of the
previous permit along with the annual permit fee.[1]
(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 the 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 having an overlaying
grid of 50 feet by 50 feet which accurately includes all areas and
inhabited buildings within 500 feet of all proposed blasting areas.
(4)
Hours of operation. Blasting shall only be conducted between 9:00
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.
(5)
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/Treasurer within seven working days
of the initiation of the blast. 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:[2]
(a)
Name and license number of blaster in charge of blast.
(b)
Blast location with grid coordinate references to the supplied
aerial photograph or drawing of the explosives use area.
(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)
Last 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 Lawrence.
The Town Clerk/Treasurer, 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 duration
of 14 consecutive working days. The temporary permit fee shall be
as provided in the Town Fee Schedule and shall be submitted with the
completed temporary permit application form. Only one temporary permit
can be issued for any site within the year of permit issuance. Temporary
blasting for basements, sewer and water laterals for single-family
residential construction will not require a temporary permit under
this section.
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 Lawrence
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:
(3)
Velocity range: 0.02 to 4.0 inches per second.
(5)
Transducers: three mutually perpendicular axes.
(6)
Recording: provide time-history of waveform.
(7)
Printout: direct printout showing time, date, peak air pressure,
peak particle velocity and frequency in three directions and a printed
waveform graph of the event depicting measured airblast 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 person 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 the 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 or lower – flat response
|
133 peak
| |
6 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 (see Table 7.64-2), the scaled distance of Subsection G, or 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 a 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%) 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 and the vector sum 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 equals the maximum weight per delay of explosive, in pounds; D equals the distance, in feet, from the blasting site to the nearest structure listed in Subsection D(1); and Ds equals the scaled-distance factor
listed in Table 7.64-3 below.
(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(3) at a 95% confidence level.
Table 7.64-3
Scaled-Distance Factor Limits
| ||
---|---|---|
Distance (D) from the Blasting
(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
|
H.
Blasting level chart. An operator may use the ground vibration limits
found in Figure 7.64 to determine the maximum allowable ground vibration.
If the Figure 7.64 limits are used, a seismographic record including
both particle velocity and vibration frequency levels shall be provided
for each blast. The method of analysis shall be subject to reasonable
discretionary review by the Town.
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
permitted 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 and/or may conduct
independent airblast monitoring to spot check data supplied by the
permittee. If independent monitoring by the Town after hearing discloses
that this chapter was violated by the permittee, then in that event
the permittee shall pay the reasonable costs incurred by the Town
for the independent monitoring.[1]
(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.
Fly rock. Fly rock 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 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 the independent monitoring.
A.
Preblasting notification is required.
B.
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 blasting site.
C.
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 (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 dwellings 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.
D.
The owner of a dwelling or structure that is within 500 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 survey within
a reasonable period of time, but in no case exceeding twice a year
for all such requests by all owners.
E.
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 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.
F.
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 Lawrence, the owner or resident, and the applicant/permittee.
The owner, resident or applicant/permittee shall promptly submit in
writing to the Town of Lawrence any objections to the survey report,
setting forth in detail such objections.
G.
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 Lawrence, the owner,
resident or applicant/permittee. The owner, resident or applicant/permittee
shall promptly submit in writing to the Town of Lawrence objections
to the test, setting forth in detail such objections.
H.
Reasonable and reasonably related expenses incurred as a result of
such independent surveys shall be the responsibility of the applicant/permittee.
A.
Enforcement. The following are criteria that the Town Board may consider
for issuance, reissuance, suspension or revocation of a blasting permit:
(1)
Compliance with the blasting standards established by the Town of
Lawrence as noted herein by this chapter.
(2)
Development and submittal to the Town Board of the Town of Lawrence
of the explosives use plan and fails upon operation to comply with
the plan.
(3)
Development and submittal to the Town Board of the Town of Lawrence
of the blasting log and fails upon operation to comply with the information
called for by the blasting log.
(4)
Maintaining the financial assurance requested by the Town Board of
the Town of Lawrence.
(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 Lawrence 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 or party in interest to comply with
the provisions of this chapter.
(9)
Consideration of atmospheric, unknown conditions, including geophysical
conditions, and other matters beyond the control of the permittee
or party in interest.
B.
Suspension/revocation. Unless expressly provided herein or by other
Town of Lawrence ordinance provisions, the explosives use permit may
be suspended or revoked for cause for substantial noncompliance with
this chapter after the proper Town of Lawrence hearing noted below,
unless in an emergency condition determined by the Town Board of the
Town of Lawrence wherein the license, registration or permit can be
suspended temporarily for a set time period.
(1)
Prior to any action for suspension or revocation, the Town Board
of the Town of Lawrence must, by the Town Clerk/Treasurer of the Town
of Lawrence, 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 Lawrence:
(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 Lawrence
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 Lawrence. 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 Lawrence and the person subject to charges.
(4)
The person subject to charges for violation of any Town of Lawrence
ordinance or any violation of a condition of the explosives use permit
shall be entitled to the following:
(5)
The Town Board of the Town of Lawrence may, after the hearing, for
any person previously issued an explosives use permit by the Town
Board of the Town of Lawrence, act as follows:
(6)
The final decision of the Town Board of the Town of Lawrence to revoke
or suspend the explosives use permit shall be subject to appeal to
the Circuit Court.
C.
Penalty. 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 as provided in § 1-3 of this Code, together with the costs of prosecution. Any default of such forfeiture determined by a court of competent jurisdiction shall be subject to any penalties provided by §§ 66.0109, 66.0113, 66.0114 and 66.0115, Wis. Stats., as may be amended. Each violation and each day a violation continues or occurs shall constitute 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.[1]