[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.
The employee of the City of Dardenne Prairie, Missouri, designated
by the Board of Aldermen to perform the duties provided for herein.
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.
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]
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'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).
B.
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.
C.
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.
D.
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]
A.
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.
B.
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:
1.
The intended maximum peak particle velocity and minimum scaled distance,
where applicable, for such blasts; and
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 of one hundred dollars ($100.00) shall accompany all
applications for a variance.
C.
Variances
may be granted by the Board of Adjustment if the Board finds 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; and
2.
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
3.
The applicant will suffer an unusual hardship unless the variance
is granted.
[Ord. No. 853 §6, 2-16-2005]
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 Licensing Officer and shall contain:
1.
The name and address of the permit applicant; and
2.
A description of the property or plan showing the properties upon
which the blasting is to be performed; and
3.
If the applicant is a corporation, the State of incorporation; and
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 period prior to the date of submission
of the application has been suspended or revoked; and
5.
A description of the purpose for which the blasting permit is to
be used; and
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 its legal right to enter and commence
blasting on the area affected; and
7.
Accurate maps generally to a scale of one (1) inch to two hundred
(200) feet clearly showing:
8.
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]
A.
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.
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:
C.
Flyrock,
including blasted 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:
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 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.
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 the 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.
[Ord. No. 853 §9, 2-16-2005]
A.
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:
1.
Name of the permittee conducting the blast;
2.
Location, date and time of the blast;
3.
Testing locations;
4.
Direction and distance in feet from the blast to the monitoring devices;
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;
8.
Length of 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;
12.
Affidavit of company monitoring the blast certifying the accuracy
and truth of the reading obtained from the seismograph.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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]
A.
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:
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 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.
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.
