This chapter is adopted pursuant to authority of §§ 66.0415 and 61.34(1), Wis. Stats.
The Village Board finds that while rock quarries and other operations utilizing blasting produce socially beneficial products and results, such operations, when conducted in a rapidly developing and urbanizing community such as the Village and its environs, can constitute offensive industry, produce nuisance conditions, adversely affect the public health, safety, prosperity and general welfare, and otherwise result in a deterioration of the quality of life and aesthetically pleasing surroundings that are important to the continued growth, development and prosperity of the Village, unless such operations are rigorously regulated and controlled. In addition to the obvious safety hazards associated with blasting and the potential physical injury and damage that can result from flyrock, ground vibration, airblast, noise and dust produced by blasting operations, such operations can also result in unreasonable annoyance and serious indirect impacts on neighboring properties and the community as a whole, such as diminution of property values, resultant property tax loss and the shifting of development patterns so as to be at odds with long-range land use planning. If not prevented or controlled, such adverse effects of blasting operations can far outweigh the beneficial aspects of such operations.
It is not intended that this chapter will repeal any preexisting ordinance provisions affecting blasting operations, but whenever this chapter imposes greater or more stringent requirements or restrictions on blasting operations than do preexisting ordinances' provisions, the provisions of this chapter shall control. Whenever this chapter imposes greater or more stringent requirements or restrictions on blasting operations than does Ch. COMM 7 ("Explosive Materials"), Wis. Adm. Code, the provisions of this chapter shall control.
The provisions of this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. Headings in this chapter are provided only for convenience and ease of reference. They are not intended to be referred to for the purpose of interpreting the provisions of this chapter. Words or phrases that are defined in § 132-7 shall have the meaning stated in the definitions. Undefined words or phrases shall have their common, ordinary meaning unless a particular meaning is clearly suggested by the context in which a particular word or phrase is used. As used in this chapter, "shall" is mandatory.
This chapter shall apply to all blasting operations located within the corporate limits of the Village or within the four-mile extraterritorial jurisdiction area established by § 66.0415, Wis. Stats., except as is specifically provided in § 132-7.
This chapter does not apply to the following activities:
Explosive materials while in the course of transportation via railroad, water, highway or air when the explosive materials are moving under the jurisdiction of and in conformity with regulations adopted by any federal department or agency.
The laboratories of schools, colleges or similar institutions when confined to the purposes of instruction or research or to explosive materials in the forms prescribed by the official United States Pharmacopeia or the National Formulary and used in medicines and medicinal agents.
The emergency operations of any government, including all departments, agencies and divisions thereof, if they are acting in their official capacity and in the proper performance of their duties or functions.
Pyrotechnics commonly known as "fireworks" or signaling devices such as flares or torpedoes.
Small arms ammunition.
Gasoline, fertilizers and propellant-actuated power devices or tools.
The following words or phrases shall have the meaning specified below when used in this chapter:
- An airborne shock wave resulting from the detonation of explosives.
- An explosion resulting from an act of blasting.
- 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, or the act of using an explosive for such purposes.
- BLASTING AGENT
- Any explosive material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, if the material or mixture cannot be detonated by a No.8 test detonator when unconfined.
- BLASTING CAP
- A metallic capsule containing an initiating explosive and a base charge, open at the upper end to accept a section of safety fuse and used for initiating the primer or main charge.
- BLASTING OPERATION
- Any operation, enterprise or activity involving the use of blasting.
- BLASTING RESULTANTS
- 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.
- BLASTING SITE
- The area within which blasting will be conducted.
- The horizontal distance from the face to the vertical holes in which an explosive charge is to be detonated.
- CONTROLLED BLASTING SITE AREA
- The area that fully includes and surrounds a blasting site and:
- A timing element interposed between the ignition head and the detonating compound.
- 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, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.
- 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.
- EXPLOSIVE MATERIALS
- 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.
- The exposed vertical surface of rock resulting from blasting.
- Rock or other solid materials that are propelled through the air and along the surface of the ground as a result of a blast.
- GROUND VIBRATION
- A shaking of the ground caused by the elastic wave emanating from the blast.
- INHABITED BUILDING
- A building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble.
- Any building, container or structure other than an explosives manufacturing building, of approved construction, used for the storage of explosive materials.
- The person who is responsible for a blasting operation at a blasting site.
- PARTICLE VELOCITY
- 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.
- A capped fuse, electric detonator or any other detonating device inserted in or attached to a cartridge of explosive.
- The inert material, such as drill cuttings, used in the collar portion or elsewhere of a blast hole to confine the gaseous products of detonation:
- TEMPORARY LICENSE
- A blasting operation license for a blasting operation that will not exceed 15 days in duration and will not be recurring in essentially the same location.
- UNREASONABLE ANNOYANCE
- An excessive, repeated noise, vibration or other disturbance that is not justified, taking into account all of the facts of the particular situation.