[HISTORY: Adopted by the City Council of the City of Augusta 7-21-2008 by Ord. No. 113 (Ch. 6, Art. II, Div. 4, of the 1990 Code). Amendments noted where
applicable.]
A.
Blasting is an activity essential to the economic viability of Augusta.
Unregulated blasting and/or irresponsible blasting may cause undue
psychological, physical or nuisance damage to the people, property
and environment of the City.
B.
This chapter establishes specific standards for blasting operations,
notice requirements, instrument monitoring requirements of blasting
operations, a permit process for blasting and other associated standards
and requirements.
C.
It is intended to minimize the effects of airblast overpressure,
ground vibration, dust, and noise associated with blasting which may
be detrimental to the enjoyment of life, property and the conduct
of business for those individuals affected.
D.
It is also intended to provide standards that will also prevent permanent
damage to the geologic, hydrogeologic and wildlife resources and ecological
balance in the region outside the immediate blast area. The chapter
is intended to protect the quality of life and the homes of residents,
neighborhoods, property, groundwater, wildlife resources, scenic beauty
and/or businesses, all lying outside the approved work area and potentially
affected by the blasting.
E.
It is intended to be effectively and efficiently administered without
causing undue financial and administrative hardship to blasting operators.
G.
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001,
Ordinance power, and shall be administered by the Code Enforcement
Officer.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An airborne shock wave resulting from detonation of explosives.
Airblast may be caused by burden movement or the release of expanding
gas into the air. Airblast may or may not be audible.
The owner or other individual, corporation or other business
entity who or which applies for the legal right to conduct blasting
at real property which it has the legal right to use.
The area where explosive material is handled during the loading
of drilled blastholes, including the perimeter formed by the loaded
blastholes and 50 feet in all directions from loaded blastholes [see
38 M.R.S.A. § 490-W(5)].
An applicant who has been awarded a permit to conduct blasting.
The use of explosives to break up or otherwise aid in the
extraction or removal of rock or other consolidated material.
All processes conducted in association with site or other
preparation for blasting, and the detonation of explosives.
The unit of sound pressure commonly used to measure airblast
from explosives. The decibel scale is logarithmic.
Any substance, chemical compound or mechanical mixture that
is used for the purpose of producing an explosion to fragment rock
for mining, quarrying, excavation and construction. Initiating devices
(detonators, detonating cords, etc.) are also included under this
definition.
Rock that is propelled through the air or along the ground,
which leaves the secured blast area as a result of the detonation
of explosives.
Shaking of the ground caused by blasting. Ground vibrations
are to be measured along three principal axes (x, y, z); namely, transverse,
vertical, and longitudinal, all of which are subject to the performance
standards herein.
Water beneath the earth's surface often between saturated
soil and rock that supplies wells and streams.
A term used, in the case of blasting, to express the frequency
of ground vibrations and airblast. One hertz is one cycle per second.
A measure of ground vibration in the case of blasting. Particle
velocity describes the velocity at which a particle of ground vibrates
when excited by a seismic wave. It is measured in inches per second.
A quarry where the primary use of the quarry is to produce
material for commercial sale or beneficiation. The distinguishing
characteristic is that the quarry is not being operated in association
with an approved and permitted on-site development or construction
project.
The property designated in the application and permit where
rock is excavated [see 38 M.R.S.A. § 490-W(17)].
The area designated by permit in which blasting is permitted.
An instrument that measures and has the capability to provide
a permanent record of hertz and decibel readings concerning ground
vibrations caused by blasting.
A.
No blasting within the City of Augusta shall be allowed unless a
permit has been obtained from the Bureau of Code Enforcement, except
as otherwise exempted per this chapter.
B.
The requirements of this chapter are in addition to any other applicable
ordinances, regulations and statutes; and where different standards
are contained therein, the more restrictive standards shall apply.
C.
This chapter does not replace or negate federal and/or state requirements
pertaining to explosives.
A.
Blasting permit required. The following shall require a permit:
(1)
Production quarry. Production quarries shall require approval by the Planning Board as required by Chapter 198, Article I, Mineral Extraction, or Chapter 300, Land Use. After the Planning Board issues an approval authorizing production quarrying, a blasting permit may be issued by the Bureau of Code Enforcement, subject to conditions as set forth in the ordinance required by the Planning Board.
B.
Notice required. The following activities shall not require a blasting
permit from the Bureau of Code Enforcement, but shall require notice
of blasting to be given to the Bureau of Code Enforcement. Notice
shall be provided in writing to the Bureau of Code Enforcement at
least one business day prior to the proposed start of blasting.
(1)
Public roadway: road projects conducted by the MaineDOT, City of
Augusta, or a contractor under contract with MaineDOT or the City
of Augusta.
(2)
Utility: projects that are undertaken by any entity whose business
it is to provide water, sewer, electricity, telephone, gas, cable
television or other underground services.
(3)
Other. For any project that does not fit into another category, the
Code Enforcement Officer will determine if an application for a blasting
permit is required.
C.
Blasting application information. All applications for permits to
conduct blasting shall contain the following information, referred
to as the "blast plan":
(1)
Applicant: the applicant's name, address, daytime telephone
number, fax number, and e-mail address.
(2)
Blasting contractor: the blasting contractor's name, address,
daytime telephone number, fax number, and e-mail address (if other
than the blaster).
(3)
General contractor: the general contractor's name, address,
daytime telephone number, fax number, and e-mail address.
(4)
Work site: the street address and Tax Assessor's map and lot
number for the proposed blasting activity.
(5)
Volume of material: the estimated number of cubic yards (measured
in place) of material to be removed by blasting.
(6)
Number of blasts: the estimated number of blasts required to remove
the specified amount of material.
(7)
Blast period: the planned starting and ending dates of the blasting
activity.
(8)
Purpose of blast: a brief description of the work for which the blasting
activity is requested.
(9)
Site diagram: a sketch or diagram showing the property where blasting
will be conducted, including the location of adjacent structures and
distance to those structures.
D.
Insurance. Prior to commencing blasting operations, evidence of liability
insurance shall be submitted to the Code Enforcement Office in a minimum
amount of $5,000,000 combined single limit per occurrence.
E.
Public hearing. A public hearing shall be required for all blasting
permits issued by the Planning Board.
F.
Fees. Fees for blasting permits shall be as determined, and amended
from time to time, by City Council order.
G.
Permit duration.
(1)
Production quarry: as stipulated by the Planning Board.
(2)
Project, Planning Board approved. Blasting permits for projects approved
by the Planning Board shall be valid for one year from the date they
are issued.
(3)
Project, non-Planning Board approved. Blasting permits for projects
that do not require Planning Board approval shall be valid for 90
days from the date of issue.
H.
Pre-blast survey. The following pre-blast survey requirements shall
be required for all blasting permits prior to commencing blasting:
(1)
Production quarry: as stipulated by the Planning Board.
(2)
Project, Planning Board approved. A pre-blast survey shall be indicated
for all occupied structures within 500 feet of the blast site.
(3)
Project, non-Planning Board approved. A pre-blast survey shall be
indicated for all occupied structures within 300 feet of the blast
site.
(4)
All other blasting. No pre-blast survey shall be required, but one
may be conducted at the discretion of the blaster.
All blasters must comply with the following performance standards:
A.
Hours of detonation.
(1)
Production quarry. As stipulated by the Planning Board, or as required by Chapter 198, Article I, Mineral Extraction, of the City Code, which allows production blasting between 11:00 a.m. and 3:00 p.m., Monday through Saturday, with the exception of New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Emergency blasting for misfires shall be allowed after the 3:00 p.m. cutoff time, provided that the City and abutters are notified prior to detonation.
[Amended 9-4-2014 by Ord.
No. 14-148]
(2)
All other blasting. Hours of detonation are limited to between sunrise and sunset or between 7:00 a.m. and 7:00 p.m., whichever is greater, Monday through Friday inclusive, except by special exception as allowed under § 130-9 of this chapter. In no case shall a blast occur on the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving and Christmas. Blasting which occurs as part of a mineral extraction license must occur between 11:00 a.m. and 3:00 p.m. pursuant to Chapter 198, Article I, Mineral Extraction, § 198-8B(9)(b), of the Code of Ordinances.
[Amended 7-17-2014 by Ord. No. 14-108]
(3)
Emergency situations. Blasting of any type may occur at any time
in situations deemed to be emergencies by the Bureau of Code Enforcement,
after possible consultation with other City staff. Emergency situations
may include, but are not limited to, blasting to install utilities
damaged by weather events or blasting to correct a misfire of explosives
in an otherwise permitted blast event.
B.
Water quality protection. Water is a precious resource and the applicant
must take measures to assure that the quality of the groundwater is
protected. Prior to the initial blast, the applicant must conduct
water quality tests on all non-applicant-owned wells within 300 feet
of the property line or as determined by the Planning Board for production
blasting and Planning Board approved projects. Water quality testing
must also be done post-blast if requested by the property owner because
of evidence of a substantive change in water quality. Turbidity in
wells tested shall be no greater than that which existed prior to
the blasting as established in the pre-blast survey.
C.
Ground vibration.
(1)
Peak particle velocity. Peak particle velocity limits (inches per
second) not to be exceeded at any time, and in any one of the three
principal directions:
(a)
Production quarry:
|
Distance From Blast
(feet)
|
Maximum Peak Particle Velocity
(inches/second)
| |
|---|---|---|
|
Less than 300
|
1.25
| |
|
300 to less than 500
|
0.94
| |
|
500 to less than 5,000
|
0.75
| |
|
5,000 or more
|
0.54
|
(2)
Measurement. Ground vibration shall be measured as particle velocity.
Particle velocity shall be recorded in three mutually perpendicular
directions (x, y, z). The maximum allowable peak particle velocity
shall apply to each of the three measurements.
(3)
Seismographic record. A seismographic record for all blasts shall
be retained by the applicant and provided to the Bureau of Code Enforcement
or the Planning Board, if requested. The applicant is responsible
for such record and for providing proper instrumentation as specified
in this chapter. Personnel conducting such monitoring shall be properly
trained in the operation of the equipment being used.
D.
Airblast overpressure. Level not to be exceeded at any time: 133
peak dB (linear) two hertz high-pass system.
E.
Instrumentation. All seismographs used for compliance with this chapter
shall meet the following minimum specifications:
(1)
Seismic frequency range: two Hz to 200 Hz (±three±
Hz).
(2)
Acoustic frequency range: two Hz to 200 Hz (±one± dB).
(3)
Velocity range: 0.02 inch to 4.0 inch per second.
(4)
Sound range: 110 dB to 140 dB linear.
(5)
Transducers: three mutually perpendicular axes.
(6)
Recording: provide time-history of waveform.
(7)
Calibration: laboratory-calibrated as often as necessary, but at
least once every 12 months or according to manufacturer's recommendations,
whichever is less.
(8)
Measurements. The requirements established herein shall be measured
at the closest building(s) on abutting properties as determined by
the Code Enforcement Officer or Planning Board.
F.
Other permits. The applicant must also comply with all standards
and conditions contained in other permits issued for such projects
and local, state and federal statutes and regulations.
A.
Required notification of blasting. The following notice requirements
for any blast requiring a blasting permit shall be adhered to by the
blaster.
(1)
Initial notice. The following initial notice of blasting shall be
required:
(a)
Production quarry. Notice shall be sent no later than 10 calendar
days and no earlier than 14 calendar days prior to the initiation
of blasting. The blaster must develop and implement a plan that provides
an opportunity for prior notification of a blast to all property owners
located within 2,000 feet of the blast site. Notification may be made
by telephone, and/or by mail, and/or by public notice in the local
newspaper, as set forth in the permit.
(b)
Project blasting (any type). The blaster must deliver, or send
by first class mail, an advisement notice to all property owners within
300 feet of the secured blasting area. If notification is sent by
first class mail, it shall be mailed no later than five calendar days
prior to the initiation of blasting. If notification is hand delivered,
it shall be delivered no later than two calendar days prior to the
initiation of blasting. Such notice must include the description of
the blasting signals to be utilized during the operation. The blaster
of either a production quarry or project must provide notice to a
property owner who has made a written request to the blaster.
(2)
Twenty-four-hour requirement. Prior to every blast, the blaster shall
notify all property owners within 300 feet of the secured blasting
area for project blasting and 2,000 feet for production quarries.
This will be done whether or not the property owners requested to
be notified. The blaster shall also notify all others who have requested
in writing to be so notified. Such notification shall be given by
telephone, or by door hangers on the door of the residence or business,
between 24 hours and 48 hours prior to the blast. The notification
shall state the time the blast is proposed to occur, and the blast
may occur as early as one hour prior to the noticed time and as late
as one hour after the noticed time. The burden of proof of notification
is the responsibility of the blaster.
[Amended 9-4-2014 by Ord.
No. 14-148]
B.
Waiver of notice. The requirement of notice in accordance with this
section for a project blast may be waived by the Bureau of Code Enforcement
for the removal of less than 50 cubic yards of rock, as estimated
in place, when that rock is unexpectedly encountered after work on
the project has begun.
A.
Entry and testing. The Code Enforcement Officer or his authorized
representative may enter the secured blasting area or adjacent area
to conduct tests and observe any authorized blasting operations and
may order that additional ground vibration and airblast overpressure
measurements using approved instrumentation be made by persons responsible
for blasting operations to ensure that the limits specified in this
chapter are not exceeded, if excess readings are indicated.
B.
Additional monitoring. The blaster shall maintain a record of each
blast. All records shall be retained at least three years following
cessation of the blasting operation, and shall be available for inspection
by the Code Enforcement Officer and shall contain the following minimum
data for traceability purposes:
(1)
Name of responsible party: the name of the person(s) responsible
for the blasting operation.
(2)
Location, date, time: the location, date and time of each blast.
(3)
Blaster: the name(s) of blaster in charge.
(4)
Weather: the weather conditions (including such factors as wind direction,
cloud cover, etc.).
(5)
Data: seismograph and airblast readings, including date, time, and
location of instrument.
(6)
Notice: name, addresses, date and time of all persons who were notified
prior to every blast.
A.
Applicability. Upon adoption of this chapter, all existing and new
blasting operations are subject to its terms and must obtain a permit
to conduct any further blasting.
B.
Review. A complete review of all activities under this chapter shall
be undertaken by the Code Enforcement Officer 12 months after adoption
of this chapter to determine if the levels are adequate and reasonable
to achieve the purpose for which this chapter is intended. The results
of this review shall be reported to the Planning Board, which will
report to the City Council with recommendations of the review.
A.
Application. Applications for a permit for exception from the performance
standards designated in this chapter may, on the basis of hardship,
be made to the Code Enforcement Officer. Any permit granted hereunder
shall contain all conditions upon which said permit has been granted
and shall specify a reasonable time that the permit shall be effective.
B.
Standards. The Code Enforcement Officer may grant the exception as
applied for only if:
(1)
Limited in scope: the activity or operation will be of a temporary
duration, i.e., a limited number of blasts at a specific site, and
cannot be done in a manner that would comply with this chapter;
(2)
Reasonable alternative: no other reasonable alternative is available
to the applicants; and
(3)
Safety: the applicants represent, and the Code Enforcement Officer
finds, that blasting as permitted will not violate recognized safety
standards.
C.
Conditions. Upon the issuance of any exception permit, the Code Enforcement
Officer may limit the scope of the exception and prescribe any reasonable
conditions or requirements he deems necessary to minimize adverse
effects.
[Amended 10-1-2009 by Ord. No. 123]
A.
Penalties. The submission of willful false information required by
this chapter, or the violation of this chapter or the violation of
any condition attached to a permit granted under this chapter shall
constitute a land use violation for which an enforcement action may
be commenced by the City in accordance with 30-A M.R.S.A. § 4452.
B.
Reporting. A copy of the violation report and consent agreement reached
between the City and the person or entity found in violation of any
portion of this chapter will be filed in the permit or license file
and the same shall be reported in writing to the City Council.
