[HISTORY: Adopted by the Town of Cumberland 11-13-1989; amended
in its entirety 9-12-2022. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the public's health,
safety, and general welfare by regulating and controlling blasting
operations within the Town, and to ensure that any damages caused
by a person who uses an explosive device in Cumberland are adequately
covered by insurance.
This chapter shall apply to all blasting operations related
to construction and development of real estate within the Town and
also shall apply to any person using or detonating explosive devices
within the Town for gravel extraction or personal use.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
A person or business entity that has a permit issued by the
Maine Commissioner of Public Safety under the provisions of Chapter
318 of Title 25 of the Maine Revised Statutes for the possession,
use, storage or transport of explosives, who seeks to conduct blasting
for construction or site alterations of a site in accordance with
a Planning-Board-approved site plan or subdivision plan or residential
construction as approved by the Code Enforcement Officer.
Dynamite, blasting caps and other detonating agents such
as those used for construction, well blasting and other related activities.
A.
No person or entity may conduct blasting operations within the Town without first obtaining a permit from the Code Enforcement Officer as required by the National Fire Protection Association No. 1 Fire Prevention Code, as adopted and amended in Chapter 96 of Town of Cumberland Code of Ordinances. Fees for this permit shall be as established by order of the Town Council. This permit will be granted only after the applicant provides to the Code Enforcement Officer, in writing, the following information:
(1)
Applicant's name, address, contact information, including telephone
number and email address, and information on the length of time the
company has been in business;
(2)
Property owner's name, address and other contact information, including
telephone number and email address;
(3)
Names of all abutters within 500 feet of the property as shown by
the Town tax records;
(4)
Proof that the abutters have all been notified of the date and approximate
time of the detonation;
(5)
Proof that all public utilities, such as water, sewer and natural
gas, have been notified;
(6)
Testing
results for all public and private wells within 1,000 feet of the
blast site both prior to, and following completion of, blasting. If
a permit is issued, a copy of these test results shall be provided
to the CEO and permanently maintained in his/her office; and
(7)
A blasting
plan that includes the number of cubic yards of materials to be removed,
the anticipated dates and times that blasting will occur, and information
on where the blasted material will be taken, if to be removed from
the site. If on-site crushing or processing is to occur, information
on the amount of material and dates and times of work will be required.
B.
The applicant shall also provide a written certificate of insurance
with a company licensed to do business in Maine in an amount no less
than $1,000,000. Where the extent of blasting requires, the Code Enforcement
Officer may require the applicant to offer pre- and post-blasting
photography of buildings to property owners within 1,000 feet of the
blasting site. If a permit is issued, a copy of the pre- and post-blasting
photography shall be provided to the Code Enforcement Officer and
permanently maintained in his/her office.
All explosives shall be stored and handled in accordance with
the provisions of this chapter, the laws of the State of Maine, and
NFPA No. 1 Uniform Fire Code as adopted in Chapter 3 of the Rules
of the Office of the State Fire Marshal.
A.
An applicant
proposing a small residential blast of less than 50 cubic yards (as
measured in place) shall send notice all property owners of record
within 500 feet. The notice shall offer pre-blast and post-blast surveys,
which shall be provided by the applicant to those who request it.
B.
An applicant
proposing any other blast shall notify owners within 1,000 feet of
the property at least 10 days prior to the blast. The notice shall
offer pre-blast and post-blast surveys, which shall be provided to
those who request it. Proof of this notice shall be given to the Code
Enforcement Officer prior to issuance of the blasting permit.
Blasting shall occur Monday through Friday, between the hours
of 9:00 a.m. and 4:00 p.m., unless otherwise approved by the Planning
Board. Requests for extension of hours of blasting must be submitted
by the applicant, in writing, to the Code Enforcement Officer at least
24 hours in advance of blasting date.
If it is determined that blasting operations pose any risk to
public health, safety, or general welfare, the Code Enforcement Officer
shall have the authority to suspend the blasting permit at any time
until they deem it safe for blasting operations to continue.
A.
Any person
acting in violation of this chapter shall be subject to enforcement
under the provisions of this section.
B.
In the event
that there are more than three documented violations of the blasting
plan, blasting submittal, or blasting permit, or any other requirement
of this chapter, a stop-work order may be issued by the Code Enforcement
Officer on all construction or development related to the permitted
operation. The permittee shall then be required to submit a revised
blasting plan to the Code Enforcement Officer for review and approval.
Work shall not be allowed to continue until the revised blasting plan
is approved.
D.
Each violation
shall constitute a separate offense. In addition to penalties, the
Town may seek injunctive relief. If the Town is successful in an enforcement
action under this chapter, it shall be entitled to its costs of enforcement,
including its attorney's fees.
Upon written request by the applicant, the CEO may waive all or a portion of the blasting provisions provided that all waivers are consistent with the purposes set forth in § 78-1.
