[HISTORY: Adopted by the Town Board of the Town of Ledgeview 10-20-2009 by Ord. No.
2009-034. 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 shock wave resulting from the detonation of explosives.
Approval granted by the Town of Ledgeview.
Any individual holding a valid blaster's license issued
by the Wisconsin Department of Commerce.
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 area that surrounds a blasting site and:
The Wisconsin Department of Commerce.
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
initiated by an electric current; blasting caps for use with safety
fuses; detonating cord delay connectors; and nonelectric instantaneous
and delay blasting caps.
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, public road or recorded
right-of-way easement.
A building designed for, or regularly occupied in whole or
in part as, a habitation for human beings, including 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 for the blasting activity.
An excessive, repeated noise, dust, vibration 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.
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.
(1)
No person shall handle or use explosive materials in the Town of
Ledgeview unless he:
(a)
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
(b)
Possesses all necessary state and local permits and complies
with all applicable local, state and federal regulations, including,
but not limited to, the requirements of this chapter and Ch. Comm
7, Explosives and Fireworks, Wis. Adm. Code.
(2)
Blast holes may only be drilled and blasted to the first geographical
shelf. No blasting shall be done within 200 feet of the outer boundaries
of the Niagara Escarpment.
B.
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 set forth in § 1-16 of the Town of Ledgeview Code of Ordinances. 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 Ledgeview. 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 Ledgeview within 60 days before the expiration date of the previous permit, together with a permit fee as set forth in § 1-16 of the Town of Ledgview Code of Ordinances. Each nonadjacent parcel shall require a separate application and permit fee. For the purpose of this chapter, properties shall be considered nonadjacent if they have a separate parcel identification number and are not contiguous. Parcels separated by a public road are also deemed to be nonadjacent.
C.
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 $4,000,000 in the aggregate and $1,000,000 per occurrence.
[Amended 8-16-2011 by Ord. No. 2011-010]
D.
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 100 feet and which accurately
includes all areas and inhabited buildings within 1,000 feet of all
property lines of the property upon which blasting is to occur.
E.
Blasting notification. Before any blasting operation may be conducted
within the Town of Ledgeview, 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 one hour 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 Ledgeview at least 24 hours
prior to commencement of blasting operations.
F.
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 one hour thereafter. Blasting shall not
be conducted at other times or on Saturdays and Sundays or legal holidays
without written permission from the Town Board, which shall only be
granted upon a showing of extreme need.
G.
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. 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 at the permittee's cost. The permittee shall also be liable
for the reasonable cost of any independent 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:
(1)
Name, signature and license number of blaster in charge of blast;
(2)
Blast location references, including address, bench and station number
if applicable. Information may be supplied may include an aerial photograph
or drawing of the explosives use area;
(3)
Date and time of blast;
(4)
Weather conditions at time of blast;
(5)
Diagram and cross section of blast hole layout;
(6)
Number of blast holes;
(7)
Blast hole depth and diameter;
(8)
Spacing and burden of blast holes;
(9)
Maximum holes per delay;
(10)
Maximum pounds of explosives per delay;
(11)
Number, depth, length and type of stemming used between decks;
(12)
Total pounds of explosives used, including primers and initiating
cord;
(13)
Distance to nearest inhabited building not owned by permittee;
(14)
Type of initiation system used;
(15)
Seismographic and airblast information, which shall include:
(a)
Type of instrument and last calibration date;
(b)
Exact location of instrument and date, time and distance from
the blast;
(c)
Name and company affiliation of person taking reading;
(d)
Name of the person and firm analyzing the seismographic and
airblast data when required;
(e)
Vibrations and airblast levels recorded;
(f)
Trigger levels for ground and air vibrations;
(g)
Copy of the seismograph printout.
A.
Purpose. It is the purpose of this section to provide for uniform
limits on permissible levels of blasting resultants to reasonably
assure that blasting within the Town of Ledgeview does not cause injury,
damage or unreasonable annoyance to persons or property outside the
controlled blasting site area.
B.
Instrumentation. All blast-monitoring instruments used to produce
data to support compliance with this subsection shall meet the following
minimum specifications:
(1)
Seismic frequency range: 2 Hz to 200 Hz (± 3Hz).
(2)
Acoustic frequency range: 2 Hz to 200 Hz (± 1Hz).
(3)
Velocity range: 0.02 inch to 4.0 inches per second.
(4)
Sound range: 110 dB to 140dB linear.
(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: be laboratory calibrated as often as necessary, but
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 an unreasonable annoyance to persons and damage to public
or private property outside the controlled blasting site area.
(2)
Airblast.
(a)
Airblast shall not exceed 133 peak dB at the location of all
accessory structures, dwellings, public building, place of employment,
school, church or community or institutional building outside and
beyond the controlled blasting site area.
(b)
The blaster shall conduct monitoring of every blast to determine
compliance with the airblast limit. The measuring system used shall
have a lower-end flat frequency response of not more than 2 Hz and
an upper-end flat frequency response of at least 200 Hz.
D.
Ground vibration: general.
(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 130-4.1), the scaled-distance equation of Subsection G, or the blasting-level chart of Subsection H.
(2)
All structures in the vicinity of the controlled blasting site area not listed in Subsection D(1), such as water towers, pipelines and other utilities, tunnels, dams, impoundments, foundations, anchoring monuments 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 130-4.1.
|
Table 130-4.1
Peak Particle Velocity Limits
| |||
|---|---|---|---|
|
Type of Structure
|
Maximum in Allowable Peak Particle Velocity for Ground
Vibration (inches per second)
| ||
|
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
| |
|
*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 = 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 (2); and DS = the scaled-distance factor listed
in Table 130-4.2.
(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 ninety-five-percent confidence level.
|
Table 130-4.2
Scaled-Distance Factor Limits
| ||
|---|---|---|
|
Distance (D) From the Blasting
|
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.
(1)
An operator may use the ground vibration limits found in Figure 7.44
of § Comm 7.44(4), Wis. Adm. Code, to determine the maximum
allowable ground vibration.
(2)
If the Figure 7.44 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
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)
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 controlled blasting site 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 the 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.
D.
For nonmetallic mining there shall be no blasting within 100 feet
of any property lines.
A.
Preblasting notification. 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 (1,000 feet) that they
may request a preblast survey and a water quality test for existing
wells. Requests in response shall be in writing. Upon request, 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 Zoning
Administrator. 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 meets the requirements outlined herein.
E.
Each survey performed shall include a written report signed by the
person who conducted the survey. Copies of the survey report(s) shall
be promptly provided to the Town of Ledgeview, the owner or resident,
and the applicant/permittee. The owner, resident or applicant/permittee
shall promptly submit in writing to the Town of Ledgeview any objections
to the survey report, setting forth in detail such objections.
F.
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
Ledgeview as noted herein by this chapter.
(2)
Development and submittal to the Town Board of the Town of Ledgeview
of the explosives use plan and compliance with the explosives use
plan.
(3)
Development and submittal to the Town Board of the Town of Ledgeview
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 Ledgeview 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 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.
B.
Suspension/revocation.
(1)
Unless expressly provided herein or by other Town of Ledgeview ordinance
provisions, the explosive use permit may be suspended or revoked for
cause for substantial noncompliance with the ordinance after the proper
Town of Ledgeview hearing noted below, unless in an emergency condition
determined by the Town Board of the Town of Ledgeview 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 Ledgeview must, by the Town Clerk of
the Town of Ledgeview, 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 Ledgeview:
(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 Ledgeview
ordinance or any violation of 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 Ledgeview. 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 Ledgeview and the person subject to charges.
(4)
The person subject to charges for violation of any Town of Ledgeview
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 Ledgeview may, after the hearing for
any person previously issued an explosives use permit by the Town
Board of the Town of Ledgeview, act as follows:
(6)
The final decision of the Town Board of the Town of Ledgeview to
revoke or suspend the blasting permit shall be subject to appeal to
the Circuit Court, which appeal must be fled 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 $5 nor more than $500, 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., 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.
