[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Sec. 7-11-7 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Nonmetallic mining — See Ch. 368.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
A method of loosening, moving or shattering masses of solid
matter by use of explosive compounds to prepare stone for crushing,
to prepare stone for building and/or ornamental use, or to prepare
property for development.
Any individual, partner, corporation, company, trustee or
association, together with the respective servants, agents and employees
thereof.
Any device, machine, apparatus or equipment used either individually
or in conjunction with any other device, machine, apparatus or equipment
for the purpose of crushing, grinding, breaking or pulverizing rock
or stone.
No person within the Village shall operate a
rock crusher or perform blasting in such a manner so that any dust,
dirt or vibration from such operation shall, in any way, damage or
injure any person or property within the Village. All blasting within
the Village shall be performed according to the requirements of Ch.
Comm 7, Wis. Adm. Code, and all subsequent amendments thereto.
A.
Permit required. No person within the Village shall
operate a rock crusher or perform blasting who does not possess a
proper permit therefor from the Village.
B.
Applications. All applications for permits hereunder
shall be made in writing upon the written form provided by the Village
and distributed by the Village Clerk-Treasurer. All applications for
permits hereunder shall be signed by the applicant and filed with
the Village Clerk-Treasurer at least 60 days prior to the permit period.
The Village Clerk-Treasurer shall immediately refer all applications
for permits hereunder to the Village Engineer. The Village Clerk-Treasurer
shall issue a permit hereunder only after first receiving the recommendation
of the Village Engineer, the duly executed certified check for the
permit fee as hereinafter provided and the submittal of the plan of
operation, if required, as approved by the Village Engineer.[1]
C.
Certified check. Each application for a permit hereunder
shall be accompanied by a certified check in the sum of the required
permit fee as hereinafter provided, or a renewal thereof, the same
to be payable to the Village.
D.
Plan of operation. Each application for a permit to
perform blasting or operate a rock crusher hereunder or renewal thereof
shall be accompanied by a plan of operation which shall include methods
of screening from adjacent properties, hours of operation, hours of
blasting and operation of rock crusher, dust and noise control, blasting
procedures, location and height of stockpiles, whether a rock crusher
will be needed and how often, water supply, drainage course, maximum
depth, legal description of property in question and other information
the Village Engineer deems pertinent to the proposed operation. Such
plan of operation shall be approved by the Village Engineer.[2]
E.
Each application for a blasting permit shall be accompanied
by a certificate of insurance identifying the Village of Siren as
a party insured in the amount of $500,000 for damage to property and
$500,000 for injury to one person and $1,000,000 for injury to more
than one person caused by the blasting.
All requests for renewals of permits hereunder shall be made at least 60 days prior to the expiration date of the permit and must comply with all requirements of § 217-3 above.
A.
Energy ratio. The allowable vibration of any blast
at the nearest occupied or used building off the subject premises
shall not exceed an energy ratio of 0.5 or resultant particle velocity
of 1.35 inches per second based on the following formula:
Energy ratio = 0.5 = 10.823 f2A2 where: f = frequency in cycles per
second and A = amplitude or displacement in inches
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Energy ratio = 0.274 V2 (V = resultant particle velocity expressed in inches per second)
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B.
Measurement of blasts. The operator of the quarry
operation, when requested to do so by the Village Engineer, shall
measure and submit data to substantiate compliance with the above
formula, and the operator of the quarry operation, when requested
to do so by the Village Engineer, shall measure air blast. This verification
shall be performed by a seismological engineering firm acceptable
to the Village or by the Village Engineer. Instrumentation shall be
by seismograph similar to VME Seismolog Model "B" and approved seismograph
sound-measuring equipment or approved equivalents. All expenses for
these tests shall be paid by the quarry operator.
C.
Blasting log. A log in duplicate shall be kept of
each blast on forms similar to the one on file with the Village Clerk-Treasurer.
The original copy of this blasting log shall be filed with the Clerk-Treasurer
within 48 hours after the blast, and a copy shall be kept on file
at the quarry office.
D.
Cover material. Operators of quarries for building
and/or ornamental stone removal shall cover Primacord, other detonating
cord or surface-laid blasting devices with at least one foot of dirt
or other suitable cover material.
The permit fee for any permit issued pursuant
to this chapter shall be as set by the Village Board. No permit fee
shall be prorated. All permits issued hereunder shall expire on December
31 following the date of issue.
Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. However, upon conviction for the violation of any of the provisions of this chapter by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be cancelled, revoked, rescinded and terminated.
Before renewal of any permit issued under this
chapter is refused or any permit is revoked, cancelled, rescinded
or terminated, the permittee shall be given written notice of any
charges or violations against him or the reasons proposed for nonrenewal
or revocation and shall have an opportunity to be heard before the
Village Board.