[R.O. 2012 § 615.010; Ord. No. 171 § 1, 8-16-1994]
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.
- PARTICLE VELOCITY
- A unit of measure in inches per second commonly used in mining and quarrying operations to measure by instrumentation the ground vibration caused by blasting.
- PERMIT AREA
- The land owned or leased by the person upon which blasting is to be done. It includes the boundaries of all land in which the permittee has rights under law to occupy and use.
- PERMIT OFFICER
- The employee of the City of Kimberling City, Missouri, designated by the Board of Aldermen to perform the duties provided for herein.
- 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 building, whether used as a dwelling or for institutional or commercial purposes or whether occupied or vacant.
[R.O. 2012 § 615.020; Ord. No. 171 § 2, 8-16-1994]
No person shall do or cause to be done any blasting within the City limits, or within three hundred (300) feet thereof, without first obtaining a permit therefor from the City's Building Inspection Department, subject to all the provisions of this Chapter.
Issuance of a permit shall not be an endorsement of the permittee by the City of Kimberling City, nor shall it relieve the permittee of its responsibilities under law or in equity. Issuance of a permit under this Chapter shall not be deemed to create a course of action against the City of Kimberling City for damages to any person or entity caused by the actions of the permittee whether or not said actions are in compliance with this Chapter.
[R.O. 2012 § 615.030; Ord. No. 171 § 3, 8-16-1994]
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's Building Inspection Department shall determine that the purpose for which the permit is to be issued can be fulfilled in a term less than one (1) year, said City Building Inspection Department shall specify the duration of the permit which the Department has determined to be reasonably sufficient to fulfill the purpose for which the permit is issued.
[R.O. 2012 § 615.040; Ord. No. 171 § 4, 8-16-1994]
Any valid permit issued pursuant to this Chapter shall carry with it the right to successive renewal upon expiration. The holders of the permit may apply for renewal and such renewal shall be issued provided the applicant seeking renewal has met the requirements and conditions of this Chapter.
Application for permit renewal shall be made at least sixty (60) days prior to the expiration of the valid permit.
Additional charges will be prorated based on additional time requested.
[R.O. 2012 § 615.050; Ord. No. 171 § 5, 8-16-1994]
Each application for a blasting permit under the provisions of this Chapter shall be accompanied by a fee as determined by the Board of Aldermen.
The permit application shall be submitted in a manner satisfactory to the permit office and shall contain:
The name and address of the permit applicant.
A legal description of the property upon which the blasting is to be performed.
If the applicant is a corporation, the state of incorporation.
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-year period prior to the date of submission of the application has been suspended or revoked.
A description of the purpose for which the blasting permit is to be used.
A statement of the land which the applicant has the 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.
[R.O. 2012 § 615.060; Ord. No. 171 § 6, 8-16-1994]
Before any permit referred to in this Chapter shall have been issued to do blasting, the applicant for such permit shall provide to the City of Kimberling City a certificate of insurance naming the City as additional insured. Said certificate shall provide sufficient comprehensive general liability insurance to indemnify the City 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 one million dollars ($1,000,000.00) per occurrence. In any action or proceeding to recover from permittee under this Chapter, reasonable attorney fees and costs shall be borne by permittee.
[R.O. 2012 § 615.070; Ord. No. 171 § 7, 8-16-1994]
In all blasting operation, except as otherwise authorized in this Chapter, the maximum peak particle velocity shall not exceed one and one-half (1 1/2) inch per second at the location of any dwelling, public building, school, church, or commercial or institutional building. Peak particle velocities shall be recorded in three (3) mutually perpendicular directions.
The maximum peak particle velocity shall be the largest of any of those 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 and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting until any 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.
All blasting operations shall be conducted by experienced, trained, and competent and otherwise qualified persons who understand the hazards involved.
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, 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 and 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 and location of holes, the depth of each hole, and amount and type of explosive used per hole, amount of explosive used per delay, length of delay, all misfires and method of disposal of misfires.
[R.O. 2012 § 615.080; Ord. No. 171 § 8, 8-16-1994]
A summary of the records for each blast, including seismograph reports shall be submitted to the permit 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 device;
The number and depth of holes drilled;
The maximum weight and type of explosives, in pounds used in any hole;
The maximum weight and type 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 in three (3) mutually perpendicular direction; (longitudinal, vertical, and traverse);
Name of company and the person taking seismograph reading.
Monitoring shall be performed by permittee, who is responsible for submittal of the data directly to the City. Tabulated data as provided for in Subsection (A) shall be submitted to the City at weekly intervals. The permittee 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 permit 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 exceeds one and five-tenths (1.5) ips. All blasts over one and five-tenths (1.5) ips must be continuously monitored. The permit 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 Subsection (A).
[R.O. 2012 § 615.090; Ord. No. 171 § 9, 8-16-1994]
If the City Building Inspection Department shall determine that the purpose for which the permit is to be used can be fulfilled in less than one (1) year and the purpose is one for non-mining activities, the City Building Inspection Department may issue a permit for such time as it shall determine to be sufficient for the proposed use. Applicants for such permits must meet the requirements of this Chapter and the Board of Aldermen may impose such other conditions upon such special permits as it shall determine is reasonable and necessary to protect the health, welfare, safety and property of the citizens of the City.
Any permittee issued a permit under the provisions of this Section shall have the option of monitoring any blasts done under authority of said permit as provided in this Chapter or any other applicable Statute, rule or regulation.
[R.O. 2012 § 615.100; Ord. No. 171 § 10, 8-16-1994]
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 Board of Aldermen.
[R.O. 2012 § 615.110; Ord. No. 171 § 11, 8-16-1994]
Any permittee who violates any permit condition or who violates any other provision of this Chapter may be assessed a penalty. Such penalty shall not exceed five hundred dollars ($500.00) 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 and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
[R.O. 2012 § 615.120; Ord. No. 171 § 12, 8-16-1994]
The permit 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 permit officer or any authorized Police Officer may, at any reasonable time, 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.
[R.O. 2012 § 615.130; Ord. No. 171 § 13, 8-16-1994]
The Inspection Department of the City 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 shall be made to the permittee and the permittee shall cease all blasting operations.
[R.O. 2012 § 615.140; Ord. No. 171 § 14, 8-16-1994]
Upon application, the Board of Adjustment may allow an increase in the maximum peak particle velocity, if the Board determines that the permittee has taken the necessary precautions to protect property from damage and persons form injury and has otherwise complied with the provisions of this Section.
The permittee shall submit a pre-blast design to the Board of Adjustment at least sixty (60) days prior to conducting any blast with the probability of exceeding the allowable maximum peak particle velocity of this Chapter. Said pre-blast design shall include sketches of the type of blast, direction, drill patterns, delays, type and amount of explosives to be used, critical dimensions and the location and general condition of structures to be protected. Such pre-blast design shall also include:
A fee of one hundred dollars ($100.00) shall accompany such pre-blast design.
Variance may be granted by the Board of Adjustment after notice and hearing and after taking in consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
The applicant has taken the necessary precautions to protect property from damage and persons from injury;
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;
The application will suffer unusual hardship unless the variance is granted.
The Board of Adjustment shall fix a time for the hearing on the variance application within sixty (60) days following its receipt and give public notice of the variance application by publication one (1) time in a newspaper of local circulation in Kimberling City not less than fourteen (14) days prior to date of said hearing. Upon the hearing the variance applicant may appear in person or by agent or by attorney and any other persons may appear who will be aggrieved or affected by the granting of the variance. The Board of Adjustment shall make a decision upon the variance application within a reasonable time after the hearing but in no case may the decision be made later than sixty (60) days after receipt of the application.
The Board of Adjustment may waive the requirements of this Section and grant a variance if a delay in blasting would create an emergency situation that could result ina immediate hardship to the permittee or adversely affect public welfare and safety.
[R.O. 2012 § 615.150; Ord. No. 171 § 15, 8-16-1994]
Each applicant for a permit for blasting operations where the purpose is mining activity shall be required to comply with the Land Reclamation Act contained in Sections 444.760 to 444.786, RSMo.