[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 5.3 of the 2000 Code. Amendments noted where
applicable.]
The purpose of this chapter is to regulate the use of explosive
materials and to establish uniform limits on permissible levels of
blasting resultants to reasonably assure that blasting resultants
do not cause injury, damage or a nuisance to persons or property.
The following definitions shall apply in this chapter. Terms
not herein defined shall be understood to have their usual and ordinary
dictionary meaning:
An airborne shock wave resulting from the detonation of explosives.
Approval granted by the Village of Hobart.
Any individual holding a valid blaster's license issued
by the Wisconsin Department of Safety and Professional Services.
Any method of loosening, moving or shattering masses of solid
matter by use of an explosive.
Any individual, corporation, company, association, firm,
partnership, society, or joint stock company engaged in a blasting
operation.
Any operation, enterprise or activity involving the use of
blasting.
The physical manifestations of forces released by blasting,
including, but not limited to, projectile matter, vibration and concussion,
which might cause injury, damage or unreasonable annoyance to persons
or property located outside the permitted explosive uses area.[1]
A built-up inhabited area.
The Wisconsin Department of Safety and Professional Services.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating cord delay connectors,
and nonelectric instantaneous and delay blasting caps.
A blasting cap designed for, and capable of, initiation by
means of an electric current.
The substantially instantaneous release of both gas and heat.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion unless the compound,
mixture or device is otherwise classified by the Department by rule.
Explosives, blasting agents and detonator. The term includes,
but is not limited to, dynamite and other high explosives, slurries,
emulsions, water gels, blasting agents, black powder, pellet powder,
initiating explosives, detonators, safety fuses, squibs, detonating
cord, igniter cord and igniters.
Rock that is propelled through the air from a blast.
A shaking of the ground caused by the elastic wave emanating
from a blast.
Any public street, public alley or public road.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure where people are accustomed to assemble, except
any building or structure occupied in connection with the manufacture,
transportation, storage or use of explosive materials.
An excessive, repeated noise, action or other disturbance
that would cause an unreasonable annoyance.
Any measure of ground vibration describing the velocity at
which a particle of ground vibrates when excited by a seismic wave.
The area that surrounds a blasting site and:
Any individual, corporation, company, association, firm,
partnership, society or joint stock company.
Any ratio between the amount of powder loaded and the amount
of rock broken.
A capped fuse, electric detonator or any other detonating
device inserted in or attached to a cartridge of detonator sensitive
explosive.
The inert material, such as drill cutting, used in the collar
portion or elsewhere of a blast hole to confine the gaseous products
of detonation.
A.Â
General. No person shall handle or use explosive materials in the
Village of Hobart, unless he:
(1)Â
Possesses a valid State of Wisconsin blaster's license with
the proper classification or is supervised by a holder of a valid
State of Wisconsin blaster's license with the proper classification;
and
(2)Â
Possesses all necessary state permits and complies with all applicable
local, state and federal regulations, including, but not limited to,
the requirements of this chapter and Chapter SPS 307, Explosives and
Fireworks, Wisconsin Administrative Code.
B.Â
Permit. No person or blasting business shall handle, use or cause
explosives to be detonated within the Village of Hobart without an
explosives use permit issued by the Village of Hobart as hereafter
set forth to such person, his supervisor or employer:
(1)Â
Application. Applications for an explosives use permit shall be in
writing upon forms provided by the Village Clerk-Treasurer. Applications
shall be accompanied by a permit fee in an amount set from time to
time by resolution of the Village Board. Permits shall be issued on
an annual basis commencing January 1 and ending on December 31. All
explosives use permits applied for after January I shall be prorated
from the date of the issuance of the permit through the end of the
year. Applications may be made by and permits issued to the blasting
business, provided that the person doing the blasting or responsible
for such blasting shall hold a valid Wisconsin blaster's license
with proper classification. The applicant will identify the licensed
blasters operating under the permit and the blasting locations within
the Village of Hobart. In the discretion of the Board, the permit
fee may be waived upon showing of acceptable hardship by the applicant.
All applications for reissuance and renewal for an explosives use
permit shall be filed by the permittee with the Village Clerk-Treasurer
of the Village of Hobart within 60 days before the expiration date
of the previous permit.
(2)Â
Certificate of insurance. Each application for an explosives use
permit as herein stated, or a renewal thereof, shall be accompanied
by a certificate of insurance for a commercial general liability policy
and said policy of insurance shall have limits of coverage of not
less than $1,000,000 in the aggregate and $500,000 per occurrence,
and the Village shall be named as an additional insured on applicant's
policy of liability insurance.
(3)Â
Explosives use plan. Each application for an explosives use permit
or a renewal thereof shall include a written description of the total
area within which explosives are proposed to be used, blasting procedures
to be employed, including types of explosives, initiating systems,
and an aerial photograph or drawing acceptable to the Village Board
with a scale of no less than one inch equals 400 feet and which accurately
includes all areas and inhabited buildings within 1,000 feet of all
property lines of the owner of the property.
(4)Â
Blasting notification. Before any blasting operation may be conducted
within the Village of Hobart, the blaster shall give notice thereof
by the conspicuous display of a fluorescent flag and legible sign
giving notice of the blasting operation. The flag and sign shall be
displayed at least 24 hours prior to and during all blasting operations.
In addition to the notification requirements required by § SPS
307.31(2)(b), Wis. Adm. Code, verbal or written notice of the blasting
operation shall be given to the Village Clerk-Treasurer at least 24
hours prior to commencement of blasting operations.[1]
(5)Â
Hours of operation. Blasting shall only be conducted between 8:00
a.m. and 4:00 p.m. on Monday through Friday; provided, however, that
in the event an emergency has delayed a blast beyond 4:00 p.m., loaded
holes may be blasted within a reasonable time thereafter. Blasting
shall not be conducted at other times or on Saturdays or Sundays or
legal holidays without written permission from the Village Board,
which shall only be granted upon a showing of extreme need.[2]
(6)Â
Blasting log. An accurate blasting log shall be prepared and maintained
for each blast fired, and a true and complete copy of said log shall
be supplied to the Village Clerk-Treasurer within three working days
of a request for a copy of said log. The Village may require that
the permittee furnish to the Village an analysis of any particular
blasting log to be prepared by the permittee. In the event the permittee
cannot or will not prepare a reliable analysis, the Village may obtain
such analysis from an independent expert. The permittee shall be liable
for the reasonable cost of such analysis if it is determined after
an opportunity to be heard that this chapter was violated by the permittee.
Each blasting log shall include, but not be restricted to, the following
information:
(a)Â
Name and license number of blaster in charge of blast;
(b)Â
Blast location references to the supplied aerial photograph
or drawing of the explosives use area;
(c)Â
Date and time of blast;
(d)Â
Weather conditions at time of blast;
(e)Â
Diagram and cross-section of blast hole layout;
(f)Â
Number of blast holes;
(g)Â
Blast hole depth and diameter;
(h)Â
Spacing and burden of blast holes;
(i)Â
Maximum holes per delay;
(j)Â
Maximum pounds of explosives per delay;
(k)Â
Depth and type of stemming used;
(l)Â
Total pounds of explosives used, including primers and initiating
cord;
(m)Â
Distance to nearest inhabited building not owned by permittee;
(n)Â
Type of initiation system used;
(o)Â
Seismographic and airblast information, which shall include:
[1]Â
Type of instrument and last calibration date;
[2]Â
Exact location of instrument and date, time and distance from
the blast;
[3]Â
Name and company affiliation of person taking reading;
[4]Â
Name of the person and firm analyzing the seismographic and
airblast data when required;
[5]Â
Vibrations and airblast levels recorded; and
[6]Â
Copy of the seismograph printout.
C.Â
No permittee shall be required to obtain more than one permit annually
for its operations within the Village of Hobart.
The Village Clerk-Treasurer, upon receipt of a properly completed
temporary permit application form, may issue a temporary permit to
allow for special construction or demolition activities requiring
the use of explosives. Temporary permits shall be issued for a duration
of 14 consecutive working days. The temporary permit fee shall be
$100 and shall be submitted with the completed temporary permit application
form. Only one temporary permit can be issued for any given site within
the year of permit issuance. Except as provided herein, all of the
requirements of this chapter apply to temporary permits.
A.Â
Purpose of sections. It is the purpose of this section to provide
for the establishment of uniform limits on permissible levels of blasting
resultants to reasonably assure that blasting within the Village of
Hobart does not cause injury, damage or a nuisance to persons or property
outside and beyond the permitted explosives use area.
B.Â
Instrumentation. All blast-monitoring instruments used to produce
data to support compliance with this subsection shall meet the following
minimum specifications:
(1)Â
Seismic frequency range: two to 200 Hz (± 3 Hz).
(2)Â
Acoustic frequency range: two to 200 Hz (± 1dB).
(3)Â
Velocity range: two-hundredths inches to 4.0 inches per second.
(4)Â
Sound range: 100 to 140 dB linear.
(5)Â
Transducers: three mutually perpendicular axes.
(6)Â
Recording. Provide time-history of wave form.
(7)Â
Printout. Direct printout showing time, date, peak air pressure,
peak particle velocity and frequency in three directions and a printed
waveform graph of the event depicting measured air blast and particle
velocity in the three directions.
(8)Â
Calibration. At least once every 12 months according to manufacturer's
recommendations.
C.Â
Control of adverse effects.
(1)Â
General requirements. Blasting shall be conducted so as to prevent
injury or a nuisance to persons and damage to public or private property
outside the permitted explosives use area.
(2)Â
Airblast.
(a)Â
Limits. Airblast shall not exceed the following limits:
|
Lower Frequency Limit of Measuring System
(Hz)
|
Maximum Level
(db)
| |
|---|---|---|
|
2 or lower — flat response
|
133 peak
| |
|
6 or lower — flat response
|
129 peak
|
(b)Â
At the location of the dwelling, public building, place of employment,
school, church or community or institutional building outside and
beyond the permitted explosives use area.
D.Â
General ground vibration.
(1)Â
The maximum ground vibration at the location of any dwelling, public building, place of employment, school, church, or community or institutional building outside the permitted explosive uses area shall be established in accordance with either the maximum peak-particle-velocity limit (See Table 5-1), the scaled-distance of Subsection G, or the blasting-level chart of Subsection H.
(2)Â
All structures in the vicinity of the blasting area not listed in Subsection D(1), such as water towers, pipelines and other utilities, tunnels, dams, impoundments and underground mines, shall be protected from damage by establishment by the operator of a maximum allowable limit on the ground vibration. The operator shall establish the limit after consulting with the owner of the structure.
(3)Â
Maximum peak particle velocity. An operator may use the maximum ground
vibration limits listed in table below.
|
Table 5-1
Peak Particle Velocity Limits
| |||
|---|---|---|---|
|
Maximum in Allowable Peak Particle Velocity for Ground
Vibration
(inches per second)
| |||
|
Type of Structure
|
At Frequencies Below 40 Hz*
|
At Frequencies 40 Hz and Greater
| |
|
Modern homes and structures with drywall interiors
|
0.75
|
2.0
| |
|
Older homes and structures with plaster on wood lath construction
for interior walls
|
0.50
|
2.0
| |
|
NOTES:
| ||
|
*
|
All spectral peaks within 6 dB (50%) amplitude of the predominant
frequency must be analyzed.
| |
E.Â
Ground vibration shall be measured as the particle velocity. Particle
velocity shall be recorded in three mutually perpendicular directions.
The maximum allowable peak particle velocity shall apply to each of
the three measurements and the vector sum of the three measurements.
F.Â
A seismographic record shall be provided for each blast.
G.Â
Scaled-distance equation.
(1)Â
An operator may use the scaled-distance equation, W = (D/Ds)2, to determine the allowable charge-weight of explosives to be detonated in any eight-millisecond period, without seismic monitoring; where W equals the maximum weight per delay of explosives, in pounds; D equals the distance, in feet, from the blasting site to the nearest structure listed in Subsection D(1) and (2); and Ds equals the scaled-distance
factor listed in Table 5-2.
(2)Â
The development of a modified scaled-distance factor may be authorized by the Village on receipt of a written request by the operator, supported by seismographic records of blasting at the site. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of Subsection D(3) at a 95% confidence level.
|
Table 5-2
Scaled-Distance Factor Limits
| ||
|---|---|---|
|
Distance (D) From the Blasting
(feet)
|
Scaled-Distance Factor (Ds) to
be Applied Without Seismic Monitoring
| |
|
0 to 300
|
50
| |
|
301 to 5,000
|
55
| |
|
5,001 and beyond
|
65
| |
A.Â
Monitoring.
(1)Â
The permittee shall monitor all blasts at the closest location to
the blast of any dwelling, public building, place of employment, school,
church or community or institutional building outside and beyond the
permittee explosives use area; provided, however, that the permittee
may monitor at another location, approximately the same distance from
the blast site, if the permittee is unable to obtain permission to
conduct the monitoring from the owner of the preferred location. The
Village Board or its designee may, at its discretion, require the
relocation of monitoring equipment to a more suitable site.
(2)Â
The measuring equipment used shall have an upper end flat frequency
response of at least 200 Hz.
(3)Â
All measuring equipment during monitoring shall be spiked to the
ground or sandbagged.
B.Â
Flyrock. Flyrock produced as a result of explosives use shall be
totally contained within the permitted explosives use area.
C.Â
Seismic monitoring. The Village Board, in its discretion, may conduct
independent seismic blast monitoring or air blast monitoring to spot-check
data supplied by the permit holder. If the independent monitoring
discloses after hearing that this chapter was violated by the permittee,
then, in that event, the permittee shall pay the reasonable costs
incurred by the Village for the independent monitoring.
A.Â
Preblasting notification. Each explosives use permit application
and all reapplications shall include the names and addresses of all
residents or owners of dwellings or other structures located within
1,000 feet of the boundaries of the blasting site, as described in
the explosives use plan.
B.Â
At the time of permit application, the applicant shall have notified,
in writing, all residents or owners of dwellings or other structures
located within the previously defined area (1,000 feet), who may request
a preblast survey and a water quality test for existing wells. This
request shall be in writing. The applicant shall cause a preblast
survey to be conducted as to such dwelling or structures, and water
quality testing for existing wells; provided, however, that the applicant
shall not be required to conduct a preblast survey or well water quality
testing more than once every six years as to any dwelling, structure,
or well.
C.Â
The owner of a dwelling or structure that is within 1,000 feet of
the blasting site, which, subsequent to the conducting of a preblast
survey has been substantially modified or improved by more than 50%
of the property's fair market value, may request a preblast survey.
If it is found that a preblast survey for such improved or modified
structure is appropriate, the applicant/permittee may conduct such
surveys within a reasonable period of time, but in no case exceeding
twice a year for all such requests by all owners.
D.Â
The preblast survey and water quality testing shall be promptly conducted
in a manner and form and by an independent survey company, a laboratory
approved by the State of Wisconsin or organization selected by the
applicant and acceptable to the owner or resident and the Village
Zoning Administrator/Building Inspector. The survey shall determine
the condition of the dwelling or structure and shall document any
preblasting damage or other physical factors that could reasonably
be expected to be affected by the use of explosives. The testing of
wells shall determine the condition of the water as to be safe for
human use. The Board may consider accepting a blasting survey or well
water test that was prepared prior to the effective date of this chapter
if the blasting survey and well water test meets the requirements
outlined herein.
E.Â
The survey shall include a written report signed by the person who
conducted the survey. Copies of the survey report shall be promptly
provided to the Village of Hobart, the owner or resident, and the
applicant/permittee. The owner, resident or applicant/permittee shall
promptly submit in writing to the Village of Hobart any objections
to the survey report, setting forth in detail such objections.
F.Â
The water quality test for existing wells shall include a written
report signed by the person who conducted the test. Copies of the
test shall be promptly provided to the Village of Hobart, the owner
or resident, and the applicant/permittee. The owner, resident or applicant/permittee
shall promptly submit in writing to the Village of Hobart objections
to the test, setting forth in detail such objections.
G.Â
Reasonable and reasonably related expenses incurred as a result of
such independent surveys shall be the responsibility of the applicant/permittee.
A.Â
Enforcement. The following are criteria that the Village Board may
consider for issuance, reissuance, suspension or revocation of a blasting
permit:
(1)Â
Compliance with the blasting standards established by the Village
of Hobart as noted herein by this chapter.
(2)Â
Development and submittal to the Village Board of the Village of
Hobart of the explosives use plan and compliance with the explosives
use plan.
(3)Â
Development and submittal to the Village Board of the Village of
Hobart the blasting log, when requested, and compliance with the operation
plan with the information called for by the blasting log.
(4)Â
Maintaining the insurance required by this chapter.
(5)Â
Compliance with the operational hours for blasting as noted herein
by this chapter.
(6)Â
Compliance with airblast and ground vibration standards established
by the Village of Hobart as noted herein by this chapter.
(7)Â
Compliance with the pre-blasting notification requirements to residents
and the Village Board as noted herein by this chapter.
(8)Â
Attempts made by the permittee interest to comply with the provisions
of this chapter.
(9)Â
Consideration of atmospheric, unknown conditions including geophysical
conditions, and other matters beyond the control of the permittee.
B.Â
Suspension/revocation.
(1)Â
Unless expressly provided herein or by other Village of Hobart Code
provisions, the explosive use permit may be suspended or revoked for
cause for substantial noncompliance with this chapter after the proper
Village of Hobart hearing noted below, unless in an emergency condition
determined by the Village Board of the Village of Hobart wherein the
license, registration or permit can be suspended temporarily for a
set time period. Prior to any action for suspension or revocation,
the Village Board of the Village of Hobart must, by the Village Clerk-Treasurer of the Village
of Hobart, receive a verified complaint concerning the licensee, registrant
or permittee. The following persons may file a verified complaint
with the Village Board of the Village of Hobart:
(2)Â
The Village Board will make a determination if the allegations of
the complaint are of sufficient magnitude, importance, or otherwise
of such a nature as to require a formal evidentiary hearing.
(3)Â
The person subject to charges for violation of any Village of Hobart
ordinance or any violation of a condition of a the explosives use
permit shall be provided a copy of the verified complaint and notice
of hearing before the Village Board of the Village of Hobart. The
hearing shall be required to be not less than 10 days nor more than
30 days after receipt of notice, unless stipulated in writing by the
Village Board of the Village of Hobart and the person subject to charges.
(4)Â
The person subject to charges for violation of any Village of Hobart
ordinance or any violation of a condition of the explosive use permit
shall be entitled to the following:
(5)Â
The Village Board of the Village of Hobart may, after the hearing
for any person previously issued an explosive use permit by the Village
Board of the Village of Hobart, act as follows:
(6)Â
The final decision of the Village Board of the Village of Hobart
to revoke or suspend the blasting permit shall be subject to appeal
to the Circuit Court, which appeal must be filed with the Circuit
Court not later than 45 days from the mailing of the Village Board's
decision to the permit holder.
C.Â
Penalty.
(1)Â
In addition to the denial, suspension or revocation of a permit issued
under this chapter, any person who shall violate any provision of
this chapter or who shall fail to obtain a permit as required hereunder
shall, upon conviction of such violation, be subject to a penalty
of a civil forfeiture of not less than $5 nor more than $500, together
with the costs of prosecution. Any default of such forfeiture determined
by a court of competent jurisdiction shall be subject to any penalties
as provided by §§ 66.0109, 66.0115, 66.0113 and 66.0114,
Wis. Stats., as may be amended.
(2)Â
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this chapter shall preclude
the Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this chapter.
