[HISTORY: Adopted by the Town Board of the Town of Haverstraw 4-14-1997 by L.L. No. 6-1997. Amendments noted where applicable.]
The Town Board of the Town of Haverstraw hereby finds and determines that quarrying and blasting within the Town of Haverstraw has potential for adverse effects upon residents and property, not only due to heavy trucking, noise, dust and debris associated with such operations, but also there is hazard to life and property from the direct and indirect effects of blasting and quarrying within the Town of Haverstraw. Pursuant to the authority contained in Town Law § 130, Subdivision 23, and the Municipal Home Rule Law Section 10, it is the intention of the Town of Haverstraw to regulate the hours of operation and the degree of blasting as to ensure that such operations do not result in impairment of the health and safety of town residents or unduly expose private and public property to risk of damage.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any activity whereby layers of earth and rock are dislodged or torn apart by the use of any explosive, and includes the displacement of any vegetation, ground cover, earth or rock by the explosion or detonation of any explosive material. Blasting shall also include the loading of trucks or the transportation of any product or material resulting from blasting operations.
- Gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators and other detonating agents, smokeless powder and any chemical compound or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may and is intended to cause an explosion.
No person, firm or corporation shall be engaged in blasting in the Town of Haverstraw unless they have in their continuous employ a blaster who is a holder of a current blaster's license issued by the State of New York, pursuant to § 458 of the Labor Law, and maintained continuously in force. A photocopy or other clear reproduction of the blaster's license currently in force shall be kept continuously on file with the Town Clerk.
No blasting or quarrying shall be permitted in the unincorporated portion of the Town of Haverstraw except between the hours of 9:00 a.m. and 4:00 p.m., excluding Saturdays, Sundays and public holidays, when no blasting shall be permitted at any time.
Any person, firm or corporation intending to detonate explosives within the Town of Haverstraw shall, prior to such detonation, apply for a permit to detonate such explosives from the Building Department of the Town of Haverstraw. Such person, firm or corporation shall supply the Building Department with the following information:
The name of the owner of the property upon which the detonation of explosives is intended to occur.
The business address of the person, firm or corporation proposing to detonate explosives on the subject property.
Evidence of the fact that the person, firm or corporation to detonate explosives is duly licensed pursuant to § 458 of the Labor Law of the State of New York.
The precise location of the intended detonation of explosives, the purpose and necessity of the use of explosives, as well as the size charges intended to be detonated and the proposed schedule for detonation of explosives.
Evidence that the liability insurance requirements indicated below are in full force and effect for the person, firm or corporation intending to detonate explosives.
Indemnification agreement as contained in this section.
Upon submission of the foregoing information to the Building Department and an application fee in the amount of $350, the Building Inspector may issue a permit for blasting to the applicant if the Building Inspector finds that the applicant is in compliance with this section and all applicable laws of the State of New York with respect to blasting. Such permit shall be valid for a period of 45 calendar days.
The federal government, State of New York, County of Rockland and Town of Haverstraw, together with any departments thereof, are exempt from this chapter.
The applicant for a permit for blasting shall submit with his application a certificate of insurance in full force and effect of comprehensive public liability insurance for all property damage or personal injury caused by blasting operations in an amount not less than $1,000,000 for personal injury and $500,000 for property damage and shall be issued by a casualty company authorized to do business in the State of New York. Said certificate of insurance shall indicate the name of the insurance company, the amount, the name of the insured and the name and address of the agent or broker through whom it was placed and who is responsible for the attesting to the existence of the coverage. Said certificate shall provide for 10 days written notice to the Town of Haverstraw as to any termination of said insurance. Receipt of such notice of termination shall be grounds to revoke a permit for blasting.
Peak particle velocity and overpressure produced by any blast at a distance measured by the distance from the blast to the closest structure or building not owned or used by the entity conducting the blast shall not exceed 0.75 inches per second for frequencies less than 40 hertz (Hz) or 2.0 inches per second for frequencies of 40 Hz or more. In addition, air pressure emanating from such blasts shall not exceed 131 decibels (dB) for a high-pass filter of 0.1 hertz, or 128 dB for a high-pass filter of two hertz or 125 dB for a high-pass filter of six hertz.
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay interval, name of person in responsible charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast and also to monitor and maintain a permanent record of all blasts. Such person, firm or corporation shall, upon demand, provide to the Building Inspector of the Town of Haverstraw all such records. A record shall be kept of every blast showing the amount of total powder and total number of holes, and all records shall be maintained at least until the end of the calendar year next following the year in which the record is made. At least one copy of the records required by this section shall be maintained at the construction blasting site at all times.
The person, firm or corporation conducting the blast is not required to monitor a blast if such blast is designed such that the maximum charge per delay (expressed in pounds) is not exceeded as follows:
The information required to be submitted to the Building Inspector of the Town of Haverstraw shall clearly indicate the minimum or maximum permitted values for the criteria indicated herein; including particle velocity, overpressure, frequency, decibels, duration of motion, etc. In addition, the actual values resulting from each blast shall be indicated alongside so that deviations may be readily ascertainable.
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay interval, name of person in responsible charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast and also to monitor and maintain a permanent record of all blasts.
Seismograph and air pressure readings of blasts shall be taken by a qualified person regularly or frequently employed in the business of seismograph readings and competent to qualify as an expert witness to the results. The record data shall include identification of instrument used, name of observer, name of interpreter, distance and direction of recording station from area of detonation, type of ground at recording station or location in structure, maximum amplitudes for all components, as well as resultant for all recorded frequencies of vibrations, duration of motion in excess of 0.001 of an inch, frequency of ground motion in cycles per second, maximum energy ratio or particle velocity and a copy of photographic records of seismograph readings.
Whenever a blasting permit shall be issued under the provisions of the Town Code, written notice shall be given by the contractor to the Town of Haverstraw Police Department and property owners at their respective addresses as shown on the latest assessment roll of the Town of Haverstraw as to all property owners and owners of easements within a six-hundred-foot radius from the location of each blast. This distance may be increased by the Building Inspector if he determines that a greater area may be substantially affected by the proposed blasting. Said notice shall state the date on which blasting is proposed to be commenced and the estimated date when blasting will be completed. Said notice shall be mailed by the contractor by certified mail, return receipt requested, at least 14 calendar days before the commencement of blasting, and signs shall be placed stating the date and approximate time of each proposed blast.
Signs shall be placed by the contractor at the nearest street intersection or intersections providing access to all properties within which blasting is to occur. Signs shall be posted at least three days before commencement of blasting. The contractor shall pick up the signs from the office of the Building Inspector.
An affidavit of mailing of the notice and of the posting of the signs indicating the name, address and tax lot designation of each property and easement owner notified shall be filed with the Building Inspector before commencement of blasting. Failure to furnish evidence of such notice shall be grounds for revocation of a blasting permit by the Building Inspector.
The Building Inspector of the Town of Haverstraw, or any Assistant Deputy Building Inspector shall be responsible for enforcing this law.
Any person, firm or corporation violating any of the provisions of this section or failing to comply therewith shall be guilty of an unclassified misdemeanor and, upon conviction, shall be punished by imprisonment for a term not more than one year or by a fine of not more than $2,000, or by both such fine and imprisonment, and each day such violation shall exist shall constitute a separate offense. The enforcement of this section by the imposition of a fine or imprisonment as aforementioned shall not prevent the Town of Haverstraw from enforcing this section by injunctive action or by any other authorized means.
The contractor shall include and hold harmless the Town of Haverstraw and its agents and employees from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the blasting work, provided that each such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the blasting itself), including the loss of use resulting therefrom; and is caused in whole or in part by any act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.