[R.O. 2006 §520.010; Ord. No. 802 §1, 8-19-1996]
For the purpose of this Chapter the following terms, phrases,
words and their derivatives shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural include the singular,
and words used in the singular include the plural. The word "shall" as used herein is not merely directory but is considered
mandatory. Unless otherwise specified, the following terms are defined:
EXPLOSIVE
Any chemical compound, mixture, or device, the primary or
common purpose of which is to function by explosion.
PERMIT AREA
The land which the permittee has rights under law to occupy
and use and upon which blasting is to be done.
PERMITTEE
Any person, as hereinafter defined, who shall apply for and
obtain a permit under the terms of this Chapter and in accordance
therewith.
PERSON
Any natural person, firm, partnership, co-partnership, corporation,
company, association, joint stock association, and/or their leases,
duly constituted trustees or receivers, heirs, administrators or assigns.
SCALED DISTANCE
The actual distance in feet divided by the square root of
the maximum explosive weight in pounds that is detonated per delay.
STRUCTURE
Any permanent, manmade building or other constructed object
of significant value or importance including but not limited to any
dwelling, building, office, school, church, bridge, culvert, dam,
tower, utility, roadway, etc.
[R.O. 2006 §520.020; Ord. No. 802 §2, 8-19-1996]
A. No person
shall do or cause to be done any blasting within the City limits,
without first obtaining a permit therefore from the City Engineer.
Such permit shall be subject to all of the provisions of this Chapter.
B. Persons
applying for a permit shall submit the following information:
4. Locations
of nearest structures,
5. Certificate
of insurance, and
6. Duration
of the blasting activities.
C. The City
Engineer is authorized to deny a permit request if it is determined
from the data provided that the issuance of a permit would result
in a high probability of property damage.
D. In the
event a permit request is denied by the City Engineer, the applicant
may, within two (2) weeks following the denial, file an appeal to
the Board of Adjustment.
[R.O. 2006 §520.030; Ord. No. 802 §3, 8-19-1996]
All permits issued pursuant to the requirements of this Chapter
shall be issued for a term not to exceed one (1) year. Provided, that
if the City Engineer shall determine that the purpose for which the
permit is to be issued can be fulfilled in a term less than one (1)
year, the City Engineer shall specify the duration of the permit which
the City Engineer and the permittee have determined to be sufficient
to fulfill the purpose for which the permit is issued.
[R.O. 2006 §520.040; Ord. No. 802 §4, 8-19-1996]
Any valid permit issued pursuant to this Chapter shall carry
with it the right of successive renewal upon expiration. The holders
of the permit may apply for renewal by notifying the City Engineer
of any changes on the permit application and such renewal shall be
issued provided the applicant seeking renewal has met the requirements
and conditions of this Chapter.
[R.O. 2006 §520.050; Ord. No. 802 §5, 8-19-1996; Ord. No. 972 §2, 9-20-2004]
A. The maximum
peak particle velocity allowed is one and one-half (1.5) ips. Applicants
requesting to exceed this velocity may apply to the Board of Adjustment
for a determination as to whether such a variance would be in the
public's best interest.
B. The permittee
shall submit a pre-blast design to the City Engineer at least ten
(10) days prior to the Board of Adjustment meeting. Said pre-blast
design shall include sketches of the proposed types of blasts, direction,
drill patterns, delays, types and amounts of explosives to be used,
critical dimensions and the locations and general conditions of structures
to be protected. Such pre-blast design shall also include:
1. The
intended maximum peak particle velocity and minimum scaled distance,
where applicable, for such blasts;
2. The
dates and time periods of such blasts; and
3. Pre-blast
surveys of structures within one hundred (100) feet of the blast area.
The pre-blast surveys shall be performed by a registered engineer.
4. A filing
fee as set out in Table I to Title IV of this Municipal Code of the
City of Troy.
C. Variances
may be granted by the Board of Adjustment if the Board finds the evidence
to support all of the following criteria:
1. The
applicant has taken the necessary precautions to protect property
from damage and persons from injury;
2. The
granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the area to be affected
by the proposed blast; and
3. The
applicant will suffer an unusual hardship unless the variance is granted.
[R.O. 2006 §520.060; Ord. No. 802 §6, 8-19-1996]
A. Each
application for a blasting permit under the provisions of this Chapter
shall be accompanied by a fee as set by the Board of Aldermen.
B. The permit
application shall be submitted in a manner satisfactory to the City
Engineer and shall contain:
1. The
name and address of the permit applicant;
2. A description
of the property or plan showing the properties upon which the blasting
is to be performed;
3. If the
applicant is a corporation, the State of incorporation;
4. A statement
of whether the applicant, any subsidiary, affiliate, or persons controlled
by or under common control with the applicant, has ever held a blasting
permit in any State or political subdivision which in the five (5)
year time period prior to the date of submission of the application
has been suspended or revoked;
5. A description
of the purpose for which the blasting permit is to be used;
6. A description
of the land which the applicant has the legal right to enter and commence
blasting, and a statement of those documents upon which the applicant
bases it legal right to enter and commence blasting on the area affected;
7. Accurate
maps generally to a scale of one (1) inch to two hundred (200) feet
clearly showing:
a. The
land proposed to be affected during the period of the permit including
all boundaries of the land to be affected;
b. Locations
of all structures of the permit area in any direction for a distance
of five hundred (500) feet; and
8. A restoration
statement to be approved by the City Engineer and including an estimated
schedule for the restoration of the permit area to its original state
and topography, or to state and topography agreed upon by the City
Engineer, permittee and property owner.
[R.O. 2006 §520.070; Ord. No. 802 §7, 8-19-1996]
Before any permit referred to in this Chapter shall have been
issued to do blasting, the applicant for such permit shall file evidence
of sufficient comprehensive general liability insurance to indemnify
the City, or its inhabitants, against any damages arising from blasting;
said liability insurance shall be provided by a responsible company,
licensed to do business in the State of Missouri and shall have a
minimum coverage of five hundred thousand dollars ($500,000.00) per
person, five hundred thousand dollars ($500,000.00) per occurrence,
five hundred thousand dollars ($500,000.00) per property damage, with
an umbrella coverage of one million dollars (1,000,000.00). The insurance
certificate, including a rider specifically covering the insured for
doing blasting (blasting collapse and underground), shall be required
with the permit application. In specific cases where blasting is being
proposed within one thousand (1,000) feet of any dam, an additional
rider for the endorsement of increased limits for a specific job shall
be required at the sole discretion of the City Engineer.
[R.O. 2006 §520.080; Ord. No. 802 §8, 8-19-1996]
A. In all
blasting operations, except as otherwise authorized in this Chapter,
the maximum peak particle velocity shall not exceed one and one-half
(1.5) inches per second at the location of any structure. Peak particle
velocities shall be measured in three (3) mutually perpendicular directions.
B. The maximum
peak particle velocity shall be the largest of any of these three
(3) measurements, and shall not apply at the following locations:
1. At structures
owned by the person conducting the blasting activity and not leased
to another party; and
2. At structures
owned by the person conducting the blasting activity and leased to
another party, if a written waiver by the lessee is submitted to the
City Engineer prior to blasting.
C. Flyrock,
including blasting material traveling along the ground, shall not
be cast from the permit area.
D. Access
to an area possibly subject to flyrock from blasting shall be regulated
to protect the public. Access to the area shall be controlled to prevent
the presence of unauthorized personnel during blasting until an authorized
representative of the person conducting the blasting activity has
reasonably determined:
1. That
no unusual circumstances, such as imminent slides or undetonated charges,
exist; and
2. That
access to and travel in or through the area can be safely resumed.
E. All blasting
shall be conducted so as to prevent injury to persons and damage to
public or private property outside the permit area.
F. Before
firing any blast, all means of access to the danger zone (the extent
of which shall be determined by the blaster, but in no case to be
closer to the explosive than the blaster himself/herself, or three
hundred (300) feet, whichever is more) shall be effectively guarded
to exclude all unauthorized personnel. The blaster shall then sound
a warning of sufficient intensity and duration to be distinctly audible
to all persons within the danger zone and all such persons shall retire
beyond the danger zone. The danger zone shall then be examined by
the blaster to make certain that all persons have retired therefrom
to a place of safety. No blast shall be fired while any person is
in the danger zone.
G. When
the point of explosion is within three hundred (300) feet of a roadway,
the blaster shall, just prior to the blast, designate a sufficient
number of employees of the operator, each carrying a red warning flag,
to stop all vehicular and pedestrian traffic on each possible route
of travel within three hundred fifty (350) feet of the point of explosion
until the blast has been fired.
H. No person
shall return to the danger zone until permitted to do so by the blaster
as announced by audible or visual signal.
I. Immediately
following the blast area shall be examined by the blaster for evidence
of misfired charges.
J. A complete
record shall be kept by the blaster showing the number of holes, the
amount of explosive used per hole, amount of explosive used per delay,
length of delay, all misfires and method of disposal of misfires.
[R.O. 2006 §520.090; Ord. No. 802 §9, 8-19-1996]
A. A summary
of the records for each blast, including seismograph reports shall
be submitted to the City Engineer at weekly intervals, for blasts
occurring the previous week. The record shall contain the following
data for each blast:
1. Name
of the permittee conducting the blast;
2. Location
date and time of the blast;
4. Direction
and distance in feet, from the blast to the monitoring device;
5. The
number of holes drilled;
6. The
maximum weight of explosives in pounds used in any hole;
7. Maximum
weight of explosives in pounds used per delay;
9. The
total weight of explosives in pounds used in the blast;
10. Peak
particle velocity at the testing location;
11. Name
of company and the person taking the seismograph reading; and
12. Affidavit
of company monitoring the blast, certifying the accuracy and truth
of the reading obtained from the seismograph.
B. Monitoring shall be preformed by an independent firm, retained and compensated by permittee, who is responsible for submittal of the data directly to the City. The monitoring shall be performed by an engineering technician working under the direction of a registered professional engineer. Tabulated data (provided for in Section
520.090(A)) shall be submitted to the City at weekly intervals. The firm shall be responsible for notifying the City within one (1) hour of any blast exceeding the permitted values. Work shall be stopped and the City notified immediately if any blast exceeds two (2) ips.
C. The City Engineer may suspend blast monitoring after the data from five (5) blasts is submitted if, at his/her determination, monitoring is not necessary to protect the public and when no individual blast exceeded one (1) ips. All blasts over one (1) ips must be continuously monitored. The City Engineer may reimpose the monitoring requirements at his/her sole discretion. The suspension of monitoring does not relieve the permittee from any other requirements of this Chapter. The permittee shall still be required to supply the data specified in Section
520.090(A).
[R.O. 2006 §520.100; Ord. No. 802 §10, 8-19-1996]
A. The City
Engineer or any authorized Police Officer, may, at any reasonable
time, inspect premises, buildings and installations used for storage
or sale of explosives or blasting agents, or any premises on which
blasting operations are being conducted for the purpose of determining
whether the provisions of this Chapter are being complied with.
B. The City
Engineer or any authorized Police Officer may, during normal business
hours, enter and inspect the premises, including places of storage,
of any licensed importer, licensed manufacturer, licensed manufacturer-limited,
licensed dealer, or permittee for the purpose of inspecting or examining
any documents and records required to be kept by such person by law
and any explosive materials kept or stored by such person.
C. Any person who shall hinder or obstruct the City Engineer or any Police Officer in the performance of his/her official duties shall be guilty of a violation of the provisions of this Chapter and upon conviction thereof, shall be punished as provided in Section
520.120.
[R.O. 2006 §520.110; Ord. No. 802 §11, 8-19-1996]
No transfer, assignment, or sale of the rights granted under
any permit issued pursuant to this Chapter shall be made without prior
approval of the City Engineer.
[R.O. 2006 §520.120; Ord. No. 802 §12, 8-19-1996]
Any permittee who violates any permit condition or who violates
any other provision of this Chapter may be assessed a penalty, and/or
have his/her permit revoked and future permits refused. Such penalty
shall not exceed five hundred dollars ($500.00), and/or thirty (30)
days imprisonment for each violation. Each blast may be deemed a separate
violation for purposes of penalty assessments. In determining the
amount of the penalty, consideration shall be given to the permittee's
history of previous violations, the seriousness of the violation,
including any irreparable harm to the environment or property damage
and any hazard to the health or safety of the public.
[R.O. 2006 §520.130; Ord. No. 802 §13, 8-19-1996]
A. The City
Engineer shall have the power to suspend or revoke any permit granted
under the terms and conditions of this Chapter for any of the following
causes:
1. Any
fraud, misrepresentation or false statement contained in the application
for permit or blast records; and
2. Any
violation of this Chapter.
B. The Board
of Aldermen shall have the power to issue subpoenas and all necessary
processes and to require the production of papers, to administer oaths
and to take testimony and to make findings thereon and shall hold
a public hearing prior to such revocation or suspension.
C. Notice
of hearing for the suspension or revocation of a license shall be
given, in writing, setting forth specific reasons for the suspension
or revocation of the permit and the time and place of the hearing.
Such notice shall be mailed to the permittee at his/her last known
address, at least ten (10) days prior to the date set for the hearing.
In the alternative, such notice of hearing may be delivered to the
permittee by personal service.
D. Upon
revocation or suspension no refund of any portion of the license fee
will be made to the permittee and the permittee shall cease all blasting
operations.