[Ord. 97-12-16-1, 12/16/1997, § 1]
The following definitions shall apply:
Any activity or operation involving the detonation of explosives
detonated for the purpose of construction projects of any type and
quarrying.
The license required under the laws of the Commonwealth of
Pennsylvania and the regulations of the Department of Environmental
Protection.
The entire area or any portion therein within a 750 feet
radius of the location of a blasting shot (blasting activity).
Exact location of explosives when detonated.
Written documentation certifying insurance coverage of operator
for intended blasting activities and blasting operations.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion. The term includes,
but is not limited to, dynamite, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord, igniter
cord and igniters. The term "explosive" includes any material determined
to be within the scope of 18 U.S.C. Ch. 40, and also includes any
material classified as an explosive by the hazardous material regulations
of DOT, Title 49 of the Code of Federal Regulations.
First-class mail sent to the last known address of the property
owner.
Any person or entity desiring to conduct blasting activities
and blasting operations in the Township.
The person designated by the Board of Supervisors with the
responsibility of issuing permits pursuant to this Part.
[Ord. 97-12-16-1, 12/16/1997, § 2]
All blasting activities and operations in the Township are prohibited
unless a permit is issued by the proper Township official. Blasting
activities shall only be conducted between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday. Blasting shall not be conducted
on Saturdays, Sundays or holidays. A permit must be obtained for blasting
activities. Permit fees and escrow shall be in accordance with the
fee resolution in effect at that time. The permit fees, escrow and
permit application must be submitted to the Township at least five
days prior to the blasting to date. To receive a Township permit,
the operator must submit proof and documentation to the Township indicating
the following:
A.
Possession of blaster's license and all other approvals and licenses
as required under the laws of the Commonwealth of Pennsylvania and
the regulations of the Department of Environmental Protection.
B.
Plans regarding the proposed blasting operation showing, but not
limited to:
(1)
The blast-affected area, including details on proposed and existing
structures, utilities and/or easements; roadway(s); subdivision and/or
property lines; public and private water supply systems; sewage systems;
and any natural features such as ponds, lakes, trees, etc.
(2)
Details on the blasting site including, but not limited to, location
and direction of shot, distance to nearest structure and location
of venting holes as may be required by this Part.
(3)
Details on the location as required by the Commonwealth of Pennsylvania.
C.
Certificate of insurance as required by the Commonwealth of Pennsylvania.
D.
Any additional information as required under the Township Code and
ordinances.
E.
Any further information, as determined by the Township official,
which may be required to be reviewed or submitted to evaluate the
potential threat to public health, safety or welfare which the blasting
activity may present.
[Ord. 97-12-16-1, 12/16/1997, § 3]
An operator must notify all adjacent Township property owners
who own property within 750 feet of the blasting site. Notice shall
be given at least five days prior to the commencement of blasting
activities. Notice shall include the following:
[Ord. 97-12-16-1, 12/16/1997, § 4]
In addition to any certificate of insurance required under the
laws of the Commonwealth of Pennsylvania and the Department of Environmental
Protection, the operator must submit to the Township a certificate
of insurance naming Plumstead Township its additional insured with
a specific reference to blasting activities. The amount of the insurance
required shall be determined by the Township.
[Ord. 97-12-16-1, 12/16/1997, § 5]
1.
If the Township determines that the proposed blasting activities
pose a threat to existing wells, the Township may require the operator
to monitor such wells before, during and after such blasting.
2.
The Township may require an operator to monitor all blasting activities
with a seismograph and provide a copy of the seismographic readings
to the Township within 48 hours of any detonation of explosives.
3.
The Township may require the operator to provide periodic gas monitoring (with equipment approved by the Township official) of the basements of dwellings within the blast-affected areas if and/or when toxic or hazardous gases are detected in any vent holes (see § 7-106 of this Part) located in the row of vent holes closest to the residence or dwellings or if, at the Township official's discretion, such periodic monitoring is required for the safety and health of the general public.
[Ord. 97-12-16-1, 12/16/1997, § 6]
The Township official may require vent holes be drilled between
any occupied structure or building within the blast-affected area
and the blasting site. Where required, vent holes shall meet the following
requirements:
A.
At least two rows shall be provided in a staggered formation, 10
feet on center; the first row to be located at a distance approximately
1/3 of the distance between the shot line and the structure(s). The
second row shall be located at a distance approximately 2/3 of the
distance between the shot line and the structure(s); with a separation
of no more than 350 feet between rows.
B.
Vent holes shall be at least 3 1/2 inches in diameter and shall
have a bottom elevation of at least one foot in depth more that the
bottom elevation of the proposed shot. The refilling of vent holes
shall be performed to the satisfaction of the Township Engineer and
the Township official.
C.
Periodic gas monitoring shall be provided at all vent holes by the
operator with gas detection equipment approved by the Township official
at times immediately prior and subsequent to the explosion, approximately
two hours following the explosion and on a daily basis thereafter
until excavation of the blast site.
[Ord. 97-12-16-1, 12/16/1997, § 7]
Blasting operations occurring within 600 feet of a dwelling
unit must be excavated within 24 hours of the explosion.
[Ord. 97-12-16-1, 12/16/1997, § 8]
All blasting activities shall comply with the laws of the Commonwealth of Pennsylvania and the Department of Environmental Protection. Blasting activities shall comply with the provisions of the Chapter 7, Part 3, Fire Code, of the Township. Where a section or sections of this Part conflict with Part 3 of this chapter, the most stringent shall apply. If a blasting activity violates Pennsylvania statutes, PADEP regulations and guidelines or Part 3 of this chapter; the Township may revoke an operator's blasting permit.
[Ord. 97-12-16-1, 12/16/1997, § 9]
The expense of the administration of this Part shall be borne
by the operator. A reasonable escrow deposit shall be required prior
to the issuance of the permit by the Township to cover such expenses
and costs.
[Ord. 97-12-16-1, 12/16/1997, § 10]
An operator must comply with the following requirements of this
Part before conducting blasting activities:
A.
Permit issued by the Township.
B.
Notification of all Township property owners within 750 feet of the
blasting site.
C.
Certificate of insurance filed with and approved by the Township.
D.
Monitoring activities, if required by the Township.
E.
Drilling of vent holes, if required by the Township,.
F.
Escrow deposit for administration expenses, if required by the Township.
[Added by A.O.]
Any person, firm or corporation who shall violate any provisions
of this Part shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this Part that is violated
shall also constitute a separate offense.
