For the purposes of this chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words used in the plural include the singular,
and words used in the singular include the plural. The word "shall"
as used herein is not merely directory but is considered mandatory.
Unless otherwise specified, the following terms are defined:
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
The employee of the City of Moscow Mills, Missouri, designated
by the Board of Aldermen to perform the duties provided for herein.
A unit of measure in inches per second commonly used in mining
and quarrying operations to measure by instrumentation the ground
vibration caused by blasting.
The land which the permittee has rights under law to occupy
and use and upon which blasting is to be done.
Any person, as hereinafter defined, who shall apply for and
obtain a permit under the terms of this chapter and in accordance
therewith.
Any natural person, firm, partnership, copartner ship, corporation,
company, association, joint stock association, and/or their lessees,
duly constituted trustees or receivers, heirs, administrators or assigns.
The actual distance in feet divided by the square root of
the maximum explosive weight in pounds that is detonated per delay.
Any permanent, man-made building or other constructed object
of significant value or importance including but not limited to any
dwelling, building, office, school, church, bridge, culvert, dam,
tower, utility, roadway, etc.
A.
No person shall do or cause to be done any blasting within the City
limits, without first obtaining a permit therefore from the City's
licensing officer. Such permit shall be subject to all of the provisions
of this chapter and a fee in the amount of $50.
B.
Persons applying for a permit shall submit the following information:
location of blasts, purpose of blasting, size of blasts, locations
of nearest structures, certificate of insurance, and duration of the
blasting activities.
C.
The licensing officer is authorized to deny a permit request if it
is determined from the data provided that the issuance of a permit
would result in a high probability of property damage.
D.
In the event a permit request is denied by the licensing officer,
the applicant may, within two weeks following the denial, file an
appeal to the Board of Adjustment.
All permits issued pursuant to the requirements of the Chapter
shall be issued for a term not to exceed one year; provided, that
if the licensing officer shall determine that the purpose for which
the permit is to be issued can be fulfilled in a term less than one
year, the licensing officer shall specify the duration of the permit
which the licensing officer and the permittee have determined to be
sufficient to fulfill the purpose for which the permit is issued.
Any valid permit issued pursuant to this chapter shall carry
with it the right of successive renewal upon expiration. The holders
of the permit may apply for renewal by notifying the licensing officer
of any changes on the permit application and such renewal shall be
issued provided the applicant seeking renewal has met the requirements
and conditions of this chapter.
A.
The maximum peak particle velocity allowed is 1.5 ips. Applicants
requesting to exceed this velocity may apply to the Board of Adjustment
for a determination as to whether such a variance would be in the
public's best interest.
B.
The permittee shall submit a pre-blast design to the licensing officer
at least 10 days prior to the Board of Adjustment meeting. Said pre-blast
design shall include sketches of the proposed types of blasts, directions,
drill patterns, delays, types and amounts of explosives to be used,
critical dimensions and the locations and general conditions of structures
to be protected. Such pre-blast design shall also include:
1.
The intended maximum peak particle velocity and minimum scaled distance,
where applicable, for such blasts, and
2.
The dates and time periods of such blasts; and
3.
Pre-blast surveys of structures within 100 feet of the blast area.
The pre-blast surveys shall be performed by a registered engineer.
4.
A filing fee of $100 shall accompany all applications for a variance.
C.
Variances may be granted by the Board of adjustment if the Board
finds evidence to support all of the following criteria:
1.
The applicant has taken the necessary precautions to protect property
from damage and persons from injury; and
2.
The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the areas
to be affected by the proposed blast; and
3.
The applicant will suffer an unusual hardship unless the variance
is granted.
A.
Each application for a blasting permit under the provisions of this
chapter shall be accompanied by a fee as set by the Board of Aldermen.
B.
The permit application shall be submitted in a manner satisfactory
to the licensing officer and shall contain:
1.
The name and address of the permit applicant; and
2.
A description of the property or plan showing the properties upon
which the blasting is to be performed; and
3.
If the applicant is a corporation, the state of incorporation; and
4.
A statement of whether the applicant, any subsidiary, affiliate,
or persons controlled by or under common control with the applicant,
has ever held a blasting permit in any state or political subdivision
which in the five-year period prior to the date of submission of the
application has been suspended or revoked; and
5.
A description of the purpose for which the blasting permit is to
be used; and
6.
A description of the land which the applicant has the legal right
to enter and commence blasting, and a statement of those documents
upon which the applicant bases its legal right to enter and commence
blasting on the area affected; and
8.
A restoration statement to be approved by the licensing officer and
including an estimated schedule for the restoration of the permit
area to its original state and topography, or to a state and topography
agreed upon by the licensing officer, permittee and property owner.
Before any permit referred to in this chapter shall have been
issued to do blasting, the applicant for such permit shall file evidence
of sufficient comprehensive general liability insurance to indemnify
the City, or its inhabitants, against any damages arising from blasting;
said liability insurance shall be provided by a responsible company,
licensed to do business in the State of Missouri and shall have a
minimum coverage of $500,000 per person, $500,000 per occurrence,
$500,000 per property damage, with an umbrella coverage of $1,000,000.
The insurance certificate, including a rider specifically covering
the insured for doing blasting (blasting collapse and underground),
shall be required with the permit application. In specific cases where
blasting is being proposed within 1,000 feet of any dam, an additional
rider for the endorsement of increased limits for a specific job shall
be required at the sole discretion of the licensing officer.
A.
In all blasting operations, except as otherwise authorized in this
chapter, the maximum peak particle velocity shall not exceed 1.5 inches
per second at the location of any structure. Peak particle velocities
shall be measured in three mutually perpendicular directions.
B.
The maximum peak particle velocity shall be the largest of any of
these three measurements, and shall not apply at the following locations:
C.
Flyrock, including blasted material traveling along the ground, shall
not be cast from the permit area.
D.
Access to an area possibly subject to flyrock from blasting shall
be regulated to protect the public. Access to the area shall be controlled
to prevent the presence of unauthorized personnel during blasting
until an authorized representative of the person conducting the blasting
activity has reasonably determined:
E.
All blasting shall be conducted so as to prevent injury to persons
and damage to public or private property outside the permit area.
F.
Before firing any blast, all means of access to the danger zone (the
extent of which shall be determined by the blaster, but in no case
to be closer to the explosion than the blaster himself, or 300 feet
whichever is more) shall be effectively guarded to exclude all unauthorized
personnel. The blaster shall then sound a warning of sufficient intensity
and duration to be distinctly audible to all persons within the danger
zone and all such persons shall retire beyond the danger zone. The
danger zone shall then be examined by the blaster to make certain
that all persons have retired therefrom to a place of safety. No blast
shall be fired while any person is in the danger zone.
G.
When the point of explosion is within 300 feet of a roadway, the
blaster shall, just prior to the blast, designate a sufficient number
of employees of the operator, each carrying a red warning flag, to
stop all vehicular and pedestrian traffic on each possible route of
travel within 350 feet of the point of explosion until the blast has
been fired.
H.
No person shall return to the danger zone until permitted to do so
by the blaster as announced by audible or visual signal.
I.
Immediately following the blast the area shall be examined by the
blaster for evidence of misfired charges.
J.
A complete record shall be kept by the blaster showing the number
of holes, the amount of explosive used per hole, amount of explosive
used per delay, length of delay, all misfires and method of disposal
of misfires.
A.
A summary of the records for each blast, including seismograph reports
shall be submitted to the licensing officer at weekly intervals, for
blasts occurring during the previous week. The record shall contain
the following data for each blast:
1.
Name of the permittee conducting the blast;
2.
Location date and time of the blast;
3.
Testing locations;
4.
Direction and distance in feet, from the blast to the monitoring
devices;
5.
The number of holes drilled;
6.
The maximum weight of explosives in pounds used in any hole;
7.
Maximum weight of explosives in pounds used per delay;
8.
Length of delay;
9.
The total weight of explosives in pounds used in the blast;
10.
Peak particle velocity at the testing location;
11.
Name of company and the person taking the seismograph reading;
12.
Affidavit of company monitoring the blast certifying the accuracy
and truth of the reading obtained from the seismograph.
B.
Monitoring shall be performed by an independent firm, retained and compensated by permittee, who is responsible for submittal of the data directly to the City. The monitoring shall be performed by an engineering technician working under the direction of a registered professional engineer. Tabulated data, provided for in § 66.170A shall be submitted to the City at weekly intervals. The firm shall be responsible for notifying the City within one hour of any blast exceeding the permitted values. Work shall be stopped and the City notified immediately if any blast exceeds 2 ips.
C.
The licensing officer may suspend blast monitoring after the data from five blasts is submitted if, at his determination, monitoring is not necessary to protect the public and when no individual blast exceeded 1 ips. All blasts over 1 ips must be continuously monitored. The licensing officer may reimpose the monitoring requirements at his sole discretion. The suspension of monitoring does not relieve the permittee from any other requirements of this chapter. The permittee shall still be required to supply the data specified in § 66.170A.
A.
The licensing officer or any authorized police officer, may, at any
reasonable time, inspect premises, buildings and installations used
for storage or sale of explosives or blasting agents, or any premises
on which blasting operations are being conducted for the purpose of
determining whether the provisions of this chapter are being complied
with.
B.
The licensing officer or any authorized police officer may, during
normal business hours, enter and inspect the premises, including places
of storage, of any licensed importer, licensed manufacturer, licensed
manufacturer-limited, licensed dealer, or permittee for the purpose
of inspecting or examining any documents and records required to be
kept by such person by law and any explosive materials kept or stored
by such person.
C.
Any person who shall hinder or obstruct the licensing officer or
any police officer in the performance of his official duties shall
be guilty of a violation of the provisions of this chapter and upon
conviction thereof, shall be punished as provided in this section.
No transfer, assignment or sale of the rights granted under
any permit issued pursuant to this chapter shall be made without prior
approval of the licensing officer.
Any permittee who violates any permit condition or who violates
any other provision of this chapter may be assessed a penalty, and/or
have his permit revoked and future permits refused. Such penalty shall
not exceed $500 and/or 30 days imprisonment for each violation. Each
blast may be deemed a separate violation for purposes of penalty assessments.
In determining the amount of the penalty, consideration shall be given
to the permittee's history of previous violations, the seriousness
of the violation, including any irreparable harm to the environment
or property damage and any hazard to the health or safety of the public.
A.
The licensing officer shall have the power to suspend or revoke any
permit granted under the terms and conditions of this chapter for
any of the following causes:
B.
The Board of Aldermen shall have the power to issue subpoenas and
all necessary processes and to require the production of papers, to
administer oaths and to take testimony and to make findings thereon
and shall hold a public hearing prior to such revocation or suspension.
C.
Notice of hearing for the suspension or revocation of a license shall
be given, in writing, setting forth specific reasons for the suspension
or revocation of the permit and the time and place of the hearing.
Such notice shall be mailed to the permittee at its last known address,
at least 10 days, prior to the date set for the hearing. In the alternative,
such notice of hearing may be delivered to the permittee by personal
service.
D.
Upon revocation or suspension no refund of any portion of the license
fee will be made to the permittee and the permittee shall cease all
blasting operations.