[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Sec. 7-8-7
of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nonmetallic mining — See Ch. 423.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A method of loosening, moving or shattering masses of solid
matter by use of explosive compounds to prepare stone for crushing,
to prepare stone for building and/or ornamental use, or to prepare
property for development.
Any individual, partner, corporation, company, trustee or
association, together with the respective servants, agents and employees
thereof.
Any device, machine, apparatus or equipment used either individually
or in conjunction with any other device, machine, apparatus or equipment
for the purpose of crushing, grinding, breaking or pulverizing rock
or stone.
No person within the City shall operate a rock crusher or perform
blasting in such a manner so that any dust, dirt or vibration from
such operation shall in any way damage or injure any person or property
within the City. All blasting within the City shall be performed according
to the requirements of Ch. SPS 307, Explosives and Fireworks, Wis.
Adm. Code, and all subsequent amendments thereto.
A.
Permit required. No person within the City shall operate a rock crusher
or perform blasting who does not possess a proper permit therefor
from the City.
B.
Applications. All applications for permits hereunder shall be made
in writing upon the written form provided by the City and distributed
by the City Clerk-Treasurer. All applications for permits hereunder
shall be signed by the applicant and filed with the City Clerk-Treasurer
at least 60 days prior to the permit period. The City Clerk-Treasurer
shall immediately refer all applications for permits hereunder to
the City Engineer. The Clerk-Treasurer shall issue a permit hereunder
only after first receiving the approval of the City Engineer, the
duly executed certified check for the permit fee as hereinafter provided
and the submittal of the plan of operation, if required, as approved
by the City Engineer.[1]
C.
Certified check. Each application for a permit hereunder shall be
accompanied by a certified check in the sum of the required permit
fee as hereinafter provided, or a renewal thereof, the same to be
payable to the City.
D.
Plan of operation. Each application for a permit to operate a rock
crusher or perform blasting hereunder or renewal thereof shall be
accompanied by a plan of operation which shall include: methods of
screening from adjacent properties, hours of operation, hours of blasting
and operation of rock crusher, dust and noise control, blasting procedures,
location and height of stockpiles, whether a rock crusher will be
needed and how often, water supply, drainage course, maximum depth,
legal description of property in question and other information the
City Engineer deems pertinent to the proposed operation. Such plan
of operation shall be approved by the City Engineer.[2]
E.
Each application for a blasting permit shall be accompanied by a
certificate of insurance identifying the City of Marion as a party
insured in the amount of $500,000 for damage to property and $500,000
for injury to one person and $1,000,000 for injury to more than one
person caused by the blasting.
All requests for renewals of permits hereunder shall be made at least 60 days prior to the expiration date of the permit and must comply with all requirements of § 273-3 above.
A.
Energy ratio. The allowable vibration of any blast at the nearest
occupied or used building off the subject premises shall not exceed
an energy ratio of 0.5 or resultant particle velocity of 1.35 inches
per second based on the following formula:
|
Energy ratio = 0.5 = 10.823f2 A2
where: f = frequency in cycles per second and A = amplitude
or displacement in inches
| |
|---|---|
|
Energy ratio = 0.274 V2
(V = resultant particle velocity expressed in inches per second)
|
B.
Measurement of blasts. The operator of the quarry operation, when
requested to do so by the City Engineer, shall measure and submit
data to substantiate compliance with the above formula, and the operator
of the quarry operation, when requested to do so by the City Engineer,
shall measure air blast. This verification shall be performed by a
seismological engineering firm acceptable to the City or by the City
Engineer. Instrumentation shall be by seismograph similar to VME Seismolog
Model "B" and approved seismograph sound-measuring equipment or approved
equivalents. All expenses for these tests shall be paid by the quarry
operator.
C.
Blasting log. A log in duplicate shall be kept of each blast on forms
similar to the one on file with the City Clerk-Treasurer. The original
copy of this blasting log shall be filed with the City Clerk-Treasurer
within 48 hours after the blast, and a copy shall be kept on file
at the quarry office.
D.
Cover material. Operators of quarries for building and/or ornamental
stone removal shall cover Primacord®, other detonating cord or
surface-laid blasting devices with at least one foot of dirt or other
suitable cover material.
The permit fee for any permit issued pursuant to this chapter
shall be set by the Common Council. No permit fee shall be prorated.
All permits issued hereunder shall expire on December 31 following
the date of issue.
Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 1-4 of this Code of Ordinances. However, upon conviction for the violation of any of the provisions of this chapter by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be cancelled, revoked, rescinded and terminated.
Before renewal of any permit issued under this chapter is refused
or any permit is revoked, cancelled, rescinded or terminated, the
permittee shall be given written notice of any charges or violations
against him or the reasons proposed for nonrenewal or revocation and
shall have an opportunity to be heard before the Common Council.
