[Ord. No. 496, 1-5-2021[1]]
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:
The employee of the City of Kimberling City, Missouri, designated
by the Board of Aldermen to perform the duties provided for herein.
Any chemical compound, mixture or device, the primary or
common purpose of which is to function by explosion.
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.
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.
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 building, whether used as a dwelling or for institutional
or commercial purposes or whether occupied or vacant.
[Ord. No. 496, 1-5-2021]
A.
Any person using explosives that will conduct blasting within the
City shall notify the City Building Inspection Department and obtain
a permit approved by the Building Inspector.
B.
Such permit must be obtained at least ten (10) days in advance of
blasting at that location.
C.
If blasting will be conducted at an ongoing project, such as a long-term
construction project, or at a permanent site, such as a surface mine,
the person shall only be required to make one (1) notice to the municipality
or appropriate fire protection official in advance of the first use
of explosives.
D.
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.
[Ord. No. 496, 1-5-2021]
A.
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.
B.
The permit application shall be submitted in a manner satisfactory
to the permit office and shall contain:
1.
The name and address of the permit applicant.
2.
The name, address, and telephone number of the person using
explosives.
3.
The name of the individual responsible for supervision of blasting.
4.
The date or approximate period over which blasting will be conducted.
5.
The location of blasting by street address, route, or other
description.
7.
The nature of the project or reason for blasting.
8.
Specific information about the type of explosives to be used and
their storage location at the site where used.
C.
Each
permit application shall be accompanied by:
1.
A plan for signage or other means of informing the public of blasting
in proximity to public streets or highways and any request for temporary
closing of streets or routing of traffic which is acceptable to the
Building Inspector.
2.
Proof that the person using explosives is registered with the Division
of Fire Safety and that blasting will be conducted by a licensed blaster.
3.
Proof of commercial general liability insurance in an acceptable
amount, which shall be no less than one million dollars ($1,000,000.00)
and no more than five million dollars ($5,000,000.00).
D.
Blasting
may only take place from 9:00 a.m. until 6:00 p.m., Monday through
Saturday. No blasting shall take place on Sunday without the approval
of the Board of Aldermen.
E.
Prior
to blasting, the applicant shall make at least three (3) documented
attempts to contact the owner of any uncontrolled structures within
a scaled distance of thirty-five (35) from the blast site in order
to conduct a pre-blast survey of such structures. A pre-blast survey
is not required if the owner of any such structure does not give permission
for a survey to be conducted.
[Ord. No. 496, 1-5-2021]
In any action or proceeding to recover from a permittee under
this Chapter, reasonable attorney fees and costs shall be borne by
permittee.
[Ord. No. 496, 1-5-2021]
A.
A summary of the records for each blast, including seismograph reports,
shall be submitted to the Building Inspector 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.
Monitoring locations;
4.
Direction and distance, in feet, from the blast to the monitoring
device;
5.
The number and depth of holes drilled;
6.
The maximum weight and type of explosives, in pounds, used in
any hole;
7.
The maximum weight and type 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 in three (3)
mutually perpendicular directions (longitudinal, vertical, and traverse);
and
11.
Name of company and of the person taking seismograph reading.
B.
Monitoring shall be performed by the 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.
C.
The Building Inspector 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 Building Inspector 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).
[Ord. No. 496, 1-5-2021]
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.
[Ord. No. 496, 1-5-2021]
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.
[Ord. No. 496, 1-5-2021]
A.
The Building Inspector 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 Building Inspector 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.
[Ord. No. 496, 1-5-2021]
A.
The Building Inspector 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:
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 shall be made to the permittee and the permittee shall cease all
blasting operations.
[Ord. No. 496, 1-5-2021]
A.
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 from injury and has otherwise complied with
the provisions of this Section.
B.
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:
C.
A fee of one hundred dollars ($100.00) shall accompany such pre-blast
design.
D.
Variance may be granted by the Board of Adjustment after notice and
hearing and after taking into consideration the extent to which the
following facts favorable to the applicant have been established by
the evidence:
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;
3.
The applicant will suffer unusual hardship unless the variance
is granted.
E.
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.
F.
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 in an immediate hardship to the permittee
or adversely affect public welfare and safety.
[Ord. No. 496, 1-5-2021]
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.
