[Ord. No. 853 §1, 2-16-2005]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning 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:
- Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
- LICENSING OFFICER
- The employee of the City of Dardenne Prairie, Missouri, designated by the Board of Aldermen to perform the duties provided for herein.
- PERMIT AREA
- The land which the permittee has rights under law to occupy and use and upon which blasting is to be done.
- Any person, as hereinafter defined, who shall apply for and obtain a permit under the terms of this Chapter and in accordance therewith.
- Any natural person, firm, partnership, co-partnership, corporation, company, association, joint stock association and/or their lessees, 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.
- 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.
[Ord. No. 853 §2, 2-16-2005]
No person shall do or cause to be done any blasting within the City limits without first obtaining a permit therefore from the City's Licensing Officer. Such permit shall be subject to all of the provisions of this Chapter and a fee in the amount of seventy-five dollars ($75.00).
Persons applying for a permit shall submit the following information: location of blasts, purpose of blasting, size of blasts, locations of nearest structures, certificate of insurance and duration of the blasting activities.
The Licensing Officer 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.
In the event a permit request is denied by the Licensing Officer, the applicant may, within two (2) weeks following the denial, file an appeal to the Board of Adjustment.
[Ord. No. 853 §3, 2-16-2005]
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 Licensing Officer 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 Licensing Officer shall specify the duration of the permit which the Licensing Officer and the permittee have determined to be sufficient to fulfill the purpose for which the permit is issued.
[Ord. No. 853 §4, 2-16-2005]
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 Licensing Officer 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.
[Ord. No. 853 §5, 2-16-2005]
The maximum peak particle velocity allowed is one and five-tenths (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.
The permittee shall submit a pre-blast design to the Licensing Officer 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, directions, 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:
The intended maximum peak particle velocity and minimum scaled distance, where applicable, for such blasts; and
The dates and time periods of such blasts; and
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.
A filing fee of one hundred dollars ($100.00) shall accompany all applications for a variance.
Variances may be granted by the Board of Adjustment if the Board finds evidence to support all of the following criteria:
The applicant has taken the necessary precautions to protect property from damage and persons from injury; and
The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the areas to be affected by the proposed blast; and
The applicant will suffer an unusual hardship unless the variance is granted.
[Ord. No. 853 §6, 2-16-2005]
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.
The permit application shall be submitted in a manner satisfactory to the Licensing Officer and shall contain:
The name and address of the permit applicant; and
A description of the property or plan showing the properties upon which the blasting is to be performed; and
If the applicant is a corporation, the State of incorporation; and
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 period prior to the date of submission of the application has been suspended or revoked; and
A description of the purpose for which the blasting permit is to be used; and
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 its legal right to enter and commence blasting on the area affected; and
Accurate maps generally to a scale of one (1) inch to two hundred (200) feet clearly showing:
A restoration statement to be approved by the Licensing Officer and including an estimated schedule for the restoration of the permit area to its original state and topography or to a state and topography agreed upon by the Licensing Officer, permittee and property owner.
[Ord. No. 853 §7, 2-16-2005]
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 Licensing Officer.
[Ord. No. 853 §8, 2-16-2005]
In all blasting operations, except as otherwise authorized in this Chapter, the maximum peak particle velocity shall not exceed one and one-half (1½) inches per second at the location of any structure. Peak particle velocities shall be measured in three (3) mutually perpendicular directions.
The maximum peak particle velocity shall be the largest of any of these three (3) measurements and shall not apply at the following locations:
Flyrock, including blasted material traveling along the ground, shall not be cast from the permit area.
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:
All blasting shall be conducted so as to prevent injury to persons and damage to public or private property outside the permit area.
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 explosion 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.
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.
No person shall return to the danger zone until permitted to do so by the blaster as announced by audible or visual signal.
Immediately following the blast the area shall be examined by the blaster for evidence of misfired charges.
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.
[Ord. No. 853 §9, 2-16-2005]
A summary of the records for each blast, including seismograph reports, shall be submitted to the Licensing Officer at weekly intervals for blasts occurring during the previous week. The record shall contain the following data for each blast:
Name of the permittee conducting the blast;
Location, date and time of the blast;
Direction and distance in feet from the blast to the monitoring devices;
The number of holes drilled;
The maximum weight of explosives in pounds used in any hole;
Maximum weight of explosives in pounds used per delay;
Length of delay;
The total weight of explosives in pounds used in the blast;
Peak particle velocity at the testing location;
Name of company and the person taking the seismograph reading;
Affidavit of company monitoring the blast certifying the accuracy and truth of the reading obtained from the seismograph.
Monitoring shall be performed 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 520.080(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.
The Licensing Officer 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 Licensing Officer 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 520.080(A).
[Ord. No. 853 §10, 2-16-2005]
The Licensing Officer 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.
The Licensing Officer 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.
Any person who shall hinder or obstruct the Licensing Officer 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 this Chapter.
[Ord. No. 853 §11, 2-16-2005]
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 Licensing Officer.
[Ord. No. 853 §12, 2-16-2005]
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.
[Ord. No. 853 §13, 2-16-2005]
The Licensing Officer 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:
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.
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 its 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.
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.