[HISTORY: Adopted by the Town Council of the Town of Merrimack 5-12-2011; amended in
its entirety 12-7-2017. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Fireworks — See Ch. 130.
As used in this chapter, the following terms shall have the
meanings indicated:
An airblast is an airborne shock wave resulting from the
detonation of explosives. The movement of overburden or release of
expanding gas in the air resulting from the detonation of explosives
may also cause airblast. Airblast may or may not be audible.
The person, company or corporation, or the employee of any
person, company or corporation, responsible and accountable for managing
and conducting the blasting operations.
The area of a blast within the influence of flying rock missiles,
gases, and concussion. The area including the blast site and the immediate
adjacent area that is owned-leased or controlled by the blast operation.
The area in which explosive materials are being or have been
loaded and include all holes loaded or to be loaded for the same blast
and for a distance of 50 feet in all directions.
The detonation of an explosive device as defined by the National
Fire Protection Association (NFPA) 495 Explosive Materials Code.
A rubber or steel mat used to protect personnel, dampen sound,
keep the charge in the hole, prevent flyrock and contain debris.
All blasting anticipated to be undertaken during the completion
of a contract or series of contracts, for demolition, excavation,
construction, and development. A blasting operation includes all work
involving the preparation, drilling, loading and detonation as well
as the excavation and clean up of the blasted area, the location of
blasting magazine, and quantity of explosives.
The Town of Merrimack Fire Department.
Those materials as defined in New Hampshire Code of Administrative
Rules Saf-C 1600 and RSA 158:29, XI, and any chemical compound, mixture,
or device, the primary or common purpose of which is to function by
explosion; that is with substantially instantaneous release of gas
and heat, unless such compound, mixture or device is otherwise specifically
classified by the U.S. Department of Transportation. All material
which is classified as Class 1 Explosives by the U.S. Department of
Transportation (49 CFR 173.50,) Classification of explosives by the
U.S. Department of Transportation is as follows:
Division 1.1. Explosives. Consists of explosives that have a
mass explosion hazard. A mass explosion is one which affects almost
the entire load instantaneously. Examples: dynamite, detonator (cap)
sensitive emulsions, slurries, water gels, cast boosters, and mass
detonating detonators.
Division 1.2. Explosives. Consists of explosives that have a
projection hazard but not a mass explosion hazard. Examples: certain
types of ammunition, mines, and grenades.
Division 1.3. Explosives. Consists of explosives that have a
fire hazard and either a minor blast hazard or a minor projection
hazard or both, but not a mass explosion hazard. Examples: certain
types of fireworks, propellants, and pyrotechnics.
Division 1.4. Consists of explosives that present a minor explosion
hazard. The explosive effects are largely confined to the package
and no projection of fragments of appreciable size or range is to
be expected. An external fire must not cause virtually instantaneous
explosion of almost the entire contents of the package. Examples:
safety fuse and certain electric, electronic, and nonelectric detonators.
Division 1.5. Consists of very insensitive explosives. This
division is comprised of substances which have a mass explosion hazard
but are so insensitive that there is very little probability of initiation
or of transition from burning to detonation under normal conditions
of transport. Examples: blasting agents, ANFO, non-cap sensitive emulsions,
blends, slurries, water gels, and other explosives that require a
booster for initiation.
Division 1.6. Consists of extremely insensitive articles which
do not have a mass explosive hazard. This division is comprised of
articles which contain only extremely insensitive detonating substances
and which demonstrate a negligible probability of accidental initiation
or propagation.
The Chief of the Merrimack Fire Department or a named and
authorized designee.
Any rock or material that is propelled through the air or
has the potential to be propelled through the air beyond the blast
area.
The shaking of ground that is registered and documented by
a seismograph caused by the blast wave emanating from the detonation
of an explosive.
A structure which persons are occupying or may occupy, including
residential dwellings, commercial and industrial buildings, garages,
sheds, barns, and storage buildings.
A term used to express the frequency of ground vibrations
and airblast. One hertz is one cycle per second.
The National Fire Protection Association.
A measure of ground vibration. "Particle velocity" describes
the velocity at which a particle of ground vibrates when excited by
a force producing ground motion such as an earthquake or an explosion,
measured in inches per second.
A measurement of maximum ground vibration, in any of the
three mutually perpendicular components of particle velocity.
The person and/or company conducting the preblast survey.
An evaluation of a structure within the required distance
to identify any structural problem before the commencement of the
blasting operation.
That equipment utilized to measure ground effects of blasting
and/or explosive detonation which may include but is not limited to
creepmeters, seismographs, seismometers, strainmeters, or magnetometers.
These meters shall always be placed on undisturbed soil and not placed
on sand or heavy sand soils.
An instrument that measures and records earthborn vibration.
The instrument shall produce a direct printout of ground motion frequency,
acceleration, particle velocity and amplitude, or produce a record
from which any of these parameters can be calculated.
The area as outlined by the boundaries which are identified
as a map and lot number by the Town.
Anything which is built or constructed on a property (i.e.,
property improvements) including activity for which a building permit
or site permit is required, such as foundations, driveways, roadbeds,
parking lots, swimming pools, wells, waste disposal systems, and utility
installations.
The Town of Merrimack, New Hampshire.
A.
No blasting or explosives detonation shall be conducted within the
Town unless a permit has first been obtained for that purpose.
A.
The Fire Chief shall administer this chapter, conduct appropriate
oversight of all blasting and explosives, in cooperation with other
officials, Police Department or agencies to enforce the provisions
of this chapter.
A.
The Town adopts the following codes for the purpose of establishing
rules and regulations for blasting and explosives, including permits
and penalties:
(1)
State of New Hampshire Chapter Saf-1600, Explosives, RSA 160-C, Saf-C
5003, Saf-C 6018 as amended;
(2)
National Fire Protection Association (NFPA) 70, National Electric
Code, as amended;
(3)
National Fire Protection Association (NFPA) 498, Standard for Safe
Havens and Interchange Lots for Vehicles Transporting Explosives,
as amended;
(4)
National Fire Protection Association (NFPA) 495, Explosives Materials
Code, as amended.
A.
Applications for a permit shall be made to the Merrimack Fire Department,
432 Daniel Webster Highway in Merrimack, New Hampshire, during normal
working hours as identified by the Fire Department (posted on the
web site, excluding holidays and weekends).
B.
Permits will be issued no more than seven calendar days in advance
of the blast and will be valid for no more than five calendar days
as identified by the dates listed on the permit. In the event that
Monday is a holiday, permits will be valid for four days.
C.
The application form (OFM-FRM-101) shall be submitted seven business
days (exceptions on case-by-case basics as determined by the Fire
Chief) prior to the issuance of a permit.
D.
The following requirements must be appended to the application:
(1)
A copy of license issued by the State Police to the applicant allowing
use, purchasing, transportation, and license along with proof of identification,
under RSA 158:9-b, if applicable.
(2)
A copy of blasting supervisor's certificate of competency issued
by the State Police pursuant to RSA 158:9-h, if applicable.
(3)
Written evidence of the licensing, experience, and qualifications
of the blaster who shall be directly responsible for the loading and
firing of explosives.
(4)
A list of owners of all such properties identified, together with
a notation as to whether such properties are improved by a structure
and the type of occupancy (i.e., residential, commercial, industrial)
where applicable.
(5)
A letter of permission from the property owner of the blasting or
explosives discharge site.
(6)
Evidence of general liability and property damage insurance where
applicable issued by a carrier authorized by the State of New Hampshire
Insurance Commissioner to do business in New Hampshire in an amount
of not less than $1,000,000 combined single limit per occurrence.
Proof of proper insurance will be kept on file with the Department
for a period of one year and shall be updated by the applicant on
an annual basis.
A.
Permit applications shall be received, reviewed and the information
contained therein verified as necessary by the Fire Chief.
B.
Prior to acting on any permit the Fire Chief may consult with such
federal, state and/or Town officials and employees whose area(s) of
responsibility are, or may be, affected by the proposed blasting operation.
C.
After review and verification, the Fire Chief shall act on the application
and either issue the permit, with any condition(s) necessary to achieve
the purposes of this chapter, or deny the permit application, along
with the reason(s).
A.
In addition to any other requirements of state law, the codes adopted by reference in § 102-2 are hereby amended in the following particulars along with additions for local requirements and the following additional requirements shall apply to blasting activity within the Town of Merrimack.
B.
All blasting operations, including the storage and handling of explosives
and blasting agents, shall be performed in accordance with the applicable
provisions of this chapter and all other pertinent federal, state,
and local regulations, as may be amended or superseded by other similar
regulations from time to time, to include:
C.
Whenever explosives are used, they shall be of such character and
in such amount as are permitted by the state and local laws and ordinances,
and all respective agencies having jurisdiction over them.
A.
Property owners are not obliged to accept a pre-blast/post-blast
inspection offer.
B.
Prior to conducting any pre-blast survey the applicant or their agent
shall register with the Merrimack Fire Department utilizing the Pre-Blast
Survey Registration Form Number OFM-FRM-102, and a copy of this form
will accompany the persons conducting the pre-blast survey.
C.
Pre-blast inspections are hereby amended in the following particulars:
(1)
Prior to conducting any blasting, the applicant or their agent shall
conduct a pre-blast structural condition survey of all structures/habitable
structures, and conditions on the site, adjacent to the site, or in
the vicinity of the site.
(2)
This survey shall extend to such structures or conditions as may
be affected by the applicant's construction operations. At a
minimum, pre-blast condition surveys shall be performed on all structures/habitable
structures within 500 feet from the site of the proposed blast or
such extended distance as may be specified by the Fire Chief or actions
of the Town.
(3)
The individual person conducting the survey shall give written notice,
not less than 10 days in advance, to the owner of the property concerned,
as well as to any tenants of the property.
(4)
The written notification must describe, at a minimum:
(a)
The blasting that will take place.
(b)
When blasting may occur, including dates and times, or a range
of dates and times.
(c)
A five-business-day window for a property owner to request pre-blast/post-blast
inspection.
(d)
The mailing address, e-mail address and telephone number that
property owners can use to obtain information regarding the blasting
or inspections, and to request, at no cost, pre-blast inspections.
(e)
The mailing address, e-mail address and telephone number and
instructions about how and where to contact the applicant, or his/her
representative concerning blast-related complaints or claims.
(f)
The ability to receive notification, one hour before each impending
blast, to an e-mail or telephone number supplied by the resident or
property owner.
D.
The applicant must provide to the Fire Chief a list of all parties
and property owners notified indicating whether or not a pre-blast
inspection request was received by the applicant in each case.
E.
The applicant shall make at least three in-person attempts and at
least one certified mail notice over a fourteen-day period to notify
the owner of the need for such surveys.
F.
The pre-blast structural inspection condition survey shall consist
of a written description of the interior and exterior condition of
each of the structures examined.
G.
Descriptions shall locate any existing cracks, damage, or other defects,
and shall include such information so as to make it possible to determine
the effect, if any, of the blasting operations on the defect.
H.
Where significant cracks or damage exists, or for defects too complicated
to describe in words, photographs shall be taken.
I.
The applicant or their agent shall utilize an audio/video survey,
in a format approved by the Fire Department, with appropriate audio
descriptions of locations, conditions, and defects. The applicant
or agent taking the survey shall notify the property owner when the
audio or video recordings are active and inactive.
J.
An audio/video survey cannot be used in lieu of a written form.
K.
The applicant, as well as the owner of the property being surveyed,
shall sign all such surveys once completed.
L.
A property owner refusal, for whatever reason, to allow the execution
of a pre-blast survey, or to sign a pre-blast survey form, shall be
noted on the pre-blast survey form and that form filed with the Fire
Department.
M.
This survey shall be kept by the blaster and be made available to
the Town, upon request, for a minimum of seven years.
N.
The preblast administrator and/or permit applicant shall provide
copies of the completed audio/video survey to each property owner
who requests a copy of the preblast survey within 14 working days
(Monday thorough Friday) from the time of the property owner's
request. The preblast administrator may charge the property owner
a fee not to exceed the cost of materials used to make the copies.
A.
Any person or firm alleging damage as a result of blasting operations
shall make a complaint to the firm performing the blasting operation.
B.
Upon receipt of a blasting damage complaint the permit holder and
the blaster in charge shall notify the Fire Chief of the complaint
within 24 hours and provide a copy of the blasting complaint and the
investigation findings when completed to the Fire Chief.
A.
Prior to conducting any blasting, the applicant or their agent shall
identify the two closest structures to the blasting site not owned
by the owner of the blast site, that are within 500 feet or such distance
as designated by the Fire Chief, and request written permission from
the owner(s) thereof to install and monitor seismic measuring equipment.
B.
The applicant shall make four attempts to obtain such permission.
C.
The fourth and final attempt shall be made in writing via certified
mail and, if unsuccessful, the seismic measuring equipment shall be
installed between the structure and the blast location as close as
reasonable to the structure.
D.
An explanation of the reason for such location shall be made on the
vibration monitoring report for such structure and the ppv (in/sec.)
shall be extrapolated to the structure using standard relations.
E.
Prior to conducting any blasting, seismic measuring equipment shall
be installed as described above and shall always be placed on undisturbed
soil and not placed on sand or heavy sand soils.
F.
The Fire Chief may require additional measuring devices when necessary
to protect property.
G.
If an owner refuses to allow for or waives the placement of seismic
measuring equipment, the applicant shall note this on the vibration
monitoring report.
H.
Documentation of any such refusal shall be filed with the Fire Department
to include the date, time and, if available, the names of the persons
giving the refusal.
A.
The applicant shall provide a detailed map and plan (unless waived
by the Fire Chief), accurate to a scale of not greater than one inch
equals 200 feet in a format outlined by the Merrimack Fire Department,
locating the blast site, blast area, all buildings and structures
within 500 feet of the blast area or such extended distance as may
be specified by the Fire Chief, access roads, the location of all
measuring devices required hereunder (include device serial number
and distance from shot corner to device) and any other specific requirements
identified by the Fire Chief.
B.
Additionally unless waived by the Fire Chief, in the format outlined,
a site specific blasting plan shall be prepared and submitted by the
master blaster or their authorized designee.
A.
The Town reserves the right to require additional condition surveys
and/or placement of seismic measuring equipment on properties should
the need arise due to complaints or other causes.
B.
The Town reserves the right to require geological surveys of the
area around the blasting location should conditions warrant such analysis
(mapping the area of disturbance and topography changes).
C.
The costs associated with these additional requirements shall be
borne by the applicant.
D.
Such additional requirements shall be prerequisites to obtaining
any permit renewals.
A.
The applicant shall be required to comply with the blasting vibration limits established by the applicable State of New Hampshire rules and regulations or as outlined in or as outlined in § 102-18, Report of monitoring results.
B.
The Town/Fire Chief reserves the right to impose lower maximum vibration
and sound limits.
C.
All blasting, if required by the Fire Chief within the Town of Merrimack,
New Hampshire, requires seismograph monitoring.
A.
All vibration monitoring instrumentation proposed for use on the
project by the applicant shall comply with the International Society
for Explosives Engineers (ISEE) Field Practice Guidelines for Blasting
Seismographs, current edition, requirements.
B.
All seismographs used on the project shall display the date of the
most recent calibration. Said calibration must have occurred within
the last 12 months and been performed to a standard traceable to the
National Institute of Standards and Technology.
A.
If the results exceed the requirements outlined in this document,
or if required by the Fire Chief, the applicant shall provide at a
minimum and in writing a Noncompliant Blast Report Form OFM-FRM-103
to the Fire Chief by the end of the day of a noncompliant blast.
B.
A report covering the results of the blast monitoring at each instrument
location, including PPV in inches per second, decibels as well as
a copy of the chart recording for each monitoring location, marked
with the date, time, location of the equipment, and signature of the
seismograph operator shall be required for each blast.
C.
This report (OFM-FRM-103) is to be submitted even if there is no
trigger of the device.
D.
Unless otherwise authorized by the Fire Chief, if the seismic ground
vibration or air concussions or both ground vibration and air concussions
caused by the applicant's blasting operation attain or surpass,
at any structure not owned or controlled by the property owner, the
compliance limit for air response of 133dB as recommend by USBM standards,
or the "Safe Level Blasting Criteria from USBM RI 8507" (see "Blasting
Level Criteria" below in RED) or at the property line of the blasting
operation, blasting operations shall cease and the permit revoked
pending review by the Fire Chief. In the event that the blasting operation
exceeds the identified criteria or complaints are received in a manner
that exceeds an acceptable level as identified by the Fire Chief,
a buffer limit may be imposed (see "Alternate Blasting Level Criteria"
below in GREEN) at any time during the project.
E.
Alternate Blasting Level Criteria chart.
 |
A.
The applicant shall publish a notice in a local paper no later than
one week prior to blasting operations noting the place, date of blasting
operations, and estimated number of days of blasting. This is required
only if blasting more than 1,152 cubic feet of material (12 feet by
12 feet by eight feet).
B.
The applicant shall contact the Fire Department at 603-424-3690 and
the Merrimack Police Dispatch Center at 603-424-3774, not less than
one hour before the scheduled time of blast, and again 15 minutes
before the scheduled blast and provide the address of the blasting
site, the total pounds of explosives and the number of charged holes.
The applicant shall notify the Fire Department when the "all clear"
has been given after the scheduled blast.
C.
If requested by any resident and/or property owner the applicant
shall notify residents and property owners of a blast time using the
e-mail or telephone number provided by resident or property owner
not less than one hour before the scheduled time of blast.
D.
Signboards and flags indicating areas where blasting operations are
occurring shall be placed along the property line and/or if required
by the Fire Chief 500 feet from the blast area, 50 feet apart or as
otherwise directed by the Fire Chief.
E.
These signs shall be clearly visible and legible from all points
of access to the area.
F.
The signs shall clearly describe the audible signal system for warning
of impending blasts.
G.
Blast area signs shall clearly indicate the length and nature of
audible blast warning and all clear signals.
H.
All warning systems shall comply with the requirements of local,
state, and federal agencies.
I.
Adequate audiometric warnings shall be given to all personnel in
proximity to the blast site at least three minutes in advance of each
blast.
J.
Blasting shall be performed only after ensuring that all people and
equipment have been removed to a safe location.
K.
The applicant shall use sirens or horns or both sirens and horns
with sufficient intensity such that they can be heard for a minimum
distance of 1,000 feet in all directions.
A.
Except as previously approved by the Fire Chief, all blasts within
1,000 feet of any structure, power transmission line or communications
tower shall be covered with an adequate blasting mat or shield and
secured together properly.
B.
In the event that flyrock is identified beyond the blast site or
lands on or within 15 feet of a traveled roadway, the blasting contractor
shall cease all blasting operations and the current blasting permit
shall be revoked without any financial reimbursement.
C.
Immediate notification shall be made to the Fire Chief and Police
Chief of the flyrock incident and the locations of where the flyrock
had landed.
D.
The blasting contractor shall review the flyrock incident and determine
the cause and solution for the incident. This report shall be filed
with the Fire Chief prior to issuance of any further blasting permits.
A.
The Fire Chief reserves the right to have personnel on site at any
time at a cost to the applicant to monitor any and all activities
of the applicant.
B.
These representatives shall have the right to order all blasting
operations to cease at anytime.
C.
The applicant shall provide the Fire Chief with copies of Material
Safety Data Sheets (MSDS) information for all products, materials
and compounds that will be used on the site in association with the
blasting operation.
A.
Dust control plans and procedures shall be submitted at the time
of all blasting permit applications for review, and approval by the
Department of Public Works, and Community Development Department.
B.
Dust migrations from blasting operations, including rock removal
and rock processing to adjacent properties, shall be controlled and
kept to a minimum.
A.
Part Saf-C 1609, Storage of Explosive Materials, is hereby amended
in the following particulars:
(1)
The storage of explosive materials or blasting agents, whether supervised
or not, is hereby prohibited in the Town [exception reference § 102-25C(3)].
(2)
The storage of explosive materials, blasting agents and black powder
for the purpose of sale or resale with the exception of retail sporting
goods stores (in amounts identified by the Fire Chief for retail only)
is prohibited in the Town.
(3)
The storage amount on-site in the Town of explosive materials for
blasting purposes is limited to the amount planned for a single daytime
use for times outlined in the blasting permit.
(4)
Loaded explosives intended for detonation are considered storage
for blasting purpose, in the event that there are issues that may
arise preventing the detonation of explosives; the applicant shall
immediately make notification to the Fire Chief for further actions
and requirements.
A.
The implementation of a baseline and ongoing blasting groundwater
monitoring and mitigation program requirements will apply to any blasting
operation which is associated with the removal of 36,000 cubic yards
(approximately an area of 180 feet wide by 180 feet long by 30 feet
deep) or greater of material from a specific site location/property
of the blasting project and/or within 2,000 feet of a public or private
well, wellhead protection area or public water supply.
B.
The total quantity of material removed or blasted shall be calculated
over a period of one year for a specific site or property.
C.
In order to assess and/or address the potential adverse impact that
may arise when using substances to blast rock or when altering the
surface of the rock, a plan that includes the following elements shall
be prepared and implemented to collect water quality data to determine
if nearby water supply wells are being impacted from the effects of
rock blasting:
(1)
Establish an inventory of water users within 2,000 feet or an alternative
distance, as may be required by the Fire Chief based on site-specific
conditions and magnitude of blasting in the permit application of
the blasting sites, blasted rock stockpile, and water retention pond.
(2)
Using records of the New Hampshire Water Well Board and municipalities(s)
and by surveying homeowners with written questionnaires identify the
following to the extent possible for each water supply well:
(a)
Well type (bedrock, dug, driven point, etc.).
(b)
Well driller.
(c)
Date installed.
(d)
Well depth.
(e)
Depth to groundwater.
(f)
Well diameter.
(g)
Well casing depth.
(h)
Estimated yield or reported yield.
(i)
Estimated depth to bedrock.
(j)
Age of pump.
(k)
A description of any water treatment equipment being used and
the frequency in which maintenance on the equipment is currently being
performed.
(l)
Any historic or existing water quality or supply problems with
the well.
(m)
A description of the most recent maintenance activity performed
on the well.
(n)
Copies of all laboratory results associated with water samples
collected from the well.
(3)
Historic water quality analysis shall only be used if it can be reasonably
determined what water treatment systems may have been online that
could affect historic water quality sample results.
A.
The applicant shall complete a baseline water quality sampling program
for public and private water supply wells listed on the inventory
which shall include but not be limited to the following, prior to
initiating blasting at the site:
(1)
Water samples must be obtained at a point in the water system prior
to any treatment unless it is demonstrated and approved by the Fire
Chief that access cannot be gained to sampling points that meet this
requirement.
(2)
The applicant shall obtain raw (untreated) water samples from each
well identified in the inventory and have them analyzed for benzene,
pH, total iron, total manganese, total arsenic, dissolved iron, dissolved
manganese, dissolved arsenic, nitrate, nitrite, perchlorates and turbidity.
(3)
The applicant may be required by the Fire Chief to include an analysis
of other compounds that may be unique to the blasting materials or
products used on a particular project.
A.
The continuing sampling program shall include routine sampling of
either all water supply wells in the inventory or a sufficient number
of monitoring wells that are representative of the water supply wells
in the inventory.
B.
The frequency of the water quality sampling shall be determined by
the frequency of blasting estimated travel time of contaminants and
distance of receptors to the blasting location.
C.
The frequency of sample collection must reflect the fact that nitrate
in drinking water is an acute health concern.
A.
The water level monitoring program shall consist of:
(1)
The use of pressure transducers and data loggers to measure water
levels in a sufficient number of monitoring wells and/or drinking
water supply wells in the inventory that are representative of the
existing water supply wells that are most susceptible to being impacted
by blasting of bedrock or groundwater dewatering activities.
(2)
Manual or automated measuring devices may be used at locations that
are less susceptible to being impacted by blasting.
B.
The monitoring locations shall be adequate to provide representative
data for all water supply wells located within 2,000 feet of the area
being blasted.
C.
The monitoring program shall include provisions that ensure sanitary
practices are being implemented when measurements are being collected
in drinking water supply wells.
D.
Develop and implement an adverse impact response and mitigation plan
to mitigate water quality or quantity impacts caused by the blasting
and/or dewatering activities ("mitigation plan").
E.
The mitigation plan should include:
(1)
Procedures (including time frames) to investigate complaints about
impacts to wells associated with the rock blasting and/or dewatering
activities.
(2)
Provisions (including time frames) for immediate responses such as
the provision of bottled water.
(3)
Provisions (including time frames) for longer-term responses, such
as the installation of water treatment equipment or the repair, modification,
deepening or replacement of wells adversely impacted by the blasting
activity.
F.
Blasting-related activities that result in the violation of ambient
groundwater quality standards, primary drinking water standards or
secondary drinking water standards in untreated samples collected
from water supply wells shall require mitigation in accordance with
the mitigation plan.
G.
For impacts to water levels, the adverse impact criteria shall be
as follows:
(1)
Reducing the withdrawal capacity of a private water supply well of
a single residence as a result of the reduction of available water
that is directly associated with the blasting. This is determined
by the following:
(a)
Any reduction in capacity for wells with a capacity which is
less than Water Well Board recommended optimum minimum of four gallons
per minute for four hours before the blasting occurred;
(b)
Any reduction in capacity below four gallons per minute for
four hours, for wells that had a capacity greater than four gallons
per minute for four hours before the blasting occurred; or
(c)
A reduction in capacity where the well still has a capacity
between four gallons and 10 gallons per minute for four hours and
the user provides information indicating that the reduction in flow
has resulted in the inability to meet his or her water needs.
(2)
Reducing the capacity of a public drinking water supply below the
minimum withdrawal rates required per consumer determined by the following:
(a)
Minimum daily amounts of drinking water shall be determined
per use based on the design flow criteria established for public water
supply systems established in rules adopted by the State of New Hampshire.
(b)
Where it is verified that such wells were unable to produce
the design flow before the withdrawal began, the adverse impact shall
be any reduction in the ability to produce water.
(3)
Reducing the capacity of a water supply that is used for a multiple-dwelling-unit
residence, but that is not a public water supply, which results in
the inability to continue established activities or maintain existing
water capacity requirements.
(4)
Reducing the capacity of a private, nonresidential, non-drinking
water supply that results in the inability of a commercial, industrial,
agricultural, or retail facility to continue established services
or production volumes; and reducing the ability of a registered water
user to produce volumes equivalent to the average daily withdrawal
for a specific calendar month as determined by discharge measurements
and reports made to the department in accordance with the water user
requirements under RSA 488 or other previous water use reporting requirements
of the department (NHDES).
A.
The applicant shall:
(1)
Update the inventory as necessary to reflect the current owners,
at least 30 days prior to initiating blasting.
(2)
Provide written notice via certified mail to each owner of a water
supply well listed on the inventory with reference to the initiation
of blasting activities, between 15 to 30 days prior to initiating
blasting.
(3)
Include the following in the notice:
(a)
Contact information for a representative of the permittee;
(b)
Contact information for the staff member of the governing body
assigned to the project;
(c)
A statement concerning the potential for impacts of blasting
on water supply wells should be forwarded to the representatives of
the permittee and the Department as listed on the notification;
(d)
Date that blasting is expected to commence.
A.
A licensee shall immediately report, to the Town of Merrimack Fire
Department and Merrimack Police Department:
(1)
The discovery of any loss, theft, or unlawful removal of explosive
materials (this will not relieve the licensee of other notifications,
which are required by the state or federal government) (Police Department
603-424-3774, Fire Department 603-424-3690).
(2)
If there is any explosion, fire or other accident occurring in connection
with the keeping, storage, manufacture, handling, transportation,
use or other disposition of explosives causing loss of life or injury
to any person or damage to property (911).
(3)
Any loading of holes or blasting which occurred without a valid permit
issued by the Fire Department (603-424-3690).
A.
The licensee shall submit a written accident/incident report within
24 hours of any emergency or nonemergency incident on Form OFM-FRM-004.
A.
No blasting or explosives discharge shall be conducted without first
obtaining a valid permit.
B.
Permit holders shall only detonate explosives between the hours of
9:00 a.m. and 4:00 p.m. unless authorized by the Fire Chief.
C.
No blasting or explosive discharge shall be conducted on Saturday
or Sunday or on days observed as state or national holidays unless
approval has been obtained from the Fire Chief.
D.
No blasting or loading of explosives shall be conducted after an
order to cease blasting operations has been issued by the Fire Chief
and communicated to the permit holder or blasting company.
E.
No drilling shall take place within 50 feet of any loaded hole(s).
F.
No holes shall be loaded except those to be fired in the next round
of blasting and no holes can be loaded containing water unless the
water has been pumped out first. If water continues to fill the hole
the holes must be sleeved (alternative protection measures may be
granted by the Fire Chief after review).
G.
All explosives are to be shot on the day they are loaded between
the hours of 9:00 a.m. and 4:00 p.m. Extension of these times may
be granted by the Fire Chief.
H.
After loading, all remaining explosives shall be immediately returned
to the appropriate magazine or storage containers. Any residue spilled
shall be completely cleaned up and containerized or reloaded into
another hole to be shot.
A.
The Fire Chief may revoke any permit upon a showing that the permit
holder has violated any provision of this chapter or any requirement
or condition of the issued permit.
B.
Any blasting or explosive discharge that occurs without a permit
may result in a thirty-day revocation pending an investigation by
the Fire Chief and/or the New Hampshire State Police.
C.
Any permit may be revoked or suspended upon a showing that a condition
or conditions exist which warrant such revocation or suspension.
A.
Failure to follow this chapter or file any report required by this
chapter or the Fire Chief may result in suspension of blasting privileges
within the Town of Merrimack for up to one year.
B.
Any person found to have infringed any provisions of this chapter
may be guilty of a violation and follow the measures outlined within
this chapter.
C.
Each violation and/or each day of violation may be regarded as a
separate violation of this chapter.
D.
First violation may result in the immediate cancellation of the permit
and a fine of $100.
E.
Second violation may result in immediate cancellation of the permit,
a fine of $500 and suspension of explosive operations within the Town
of Merrimack for a period of 60 days.
F.
Third violation may result in the immediate suspension of the permit,
a fine of $1,000 and suspension of explosive operations within the
Town of Merrimack for a period of one year.
G.
Any subsequent violations may result in immediate termination of
the privilege to conduct explosive operations within the Town of Merrimack
for a period of five years.
A.
The Fire Chief may restore any permit that has been revoked upon
a showing that the condition(s) leading to the revocation has (have)
been corrected.
A.
In situations that pose a possible or perceived danger to safety,
the Fire Chief may, for a limited time, waive such provisions of this
chapter as may be necessary to avoid and/or lessen that danger.
A.
This chapter is intended to complement, supplement, and not conflict
with federal and state regulation of blasting operations and explosives
and shall be interpreted in accord with that intent or the availability
of staffing to enforce.
B.
The provision that imposes the higher standard shall govern should
the requirements of this chapter differ from any requirement or regulation
prescribed by any law, statute, ordinance, rule or other regulation
governing blasting operations and explosives.
A.
If any provision of this chapter, or its application to any person
or circumstance, is held to be invalid by a court of competent jurisdiction,
such invalidity shall not affect any other provision or application
of this chapter that can be given effect without the invalid provision
or application and, to this end, the provisions of this chapter shall
be severable.
