[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 7, Ch. 9, of the 1996 Code. Amendments noted where applicable.]
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 Town of Koshkonong.
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 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 controlled blasting site area.
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 detonators. 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.
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 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.
An excessive, repeated noise, action or other disturbance
that is not justified by reason.
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 unreasonable annoyance to persons or
property.
A.
General. No person shall handle or use explosive materials in the
Town of Koshkonong, unless he:
(1)
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)
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 Ch. SPS 307, Explosives and Fireworks,
Wisconsin Administrative Code.
B.
Permit. No person shall handle, use or cause explosives to be detonated
within the Town of Koshkonong without an explosives use permit issued
by the Town of Koshkonong, as hereafter set forth, to such person,
his supervisor or employer:
(1)
Application. Applications for an explosives use permit shall be in
writing upon forms provided by the Town Clerk. Applications shall
be accompanied by a permit fee, as provided in the Town Fee Schedule,[1] as determined by the Town Board based on the size of the
proposed blasting activity. Permits shall be issued on an annual basis
commencing January 1 and ending on December 31 of the succeeding year.
All explosives use permits applied for after July 1 shall be prorated
from the date of the issuance of the permit to January 1 of the succeeding
year. Applications may be made by and permits issued to the owner
of a business, provided that the employees doing the blasting or responsible
for such blasting shall hold a valid Wisconsin blaster's license
with proper classification.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
(2)
Bond. Each application for an explosives use permit as herein stated,
or a renewal thereof, shall be accompanied by a surety bond in the
sum of $100,000 executed by the permit applicant and by a bonding
company acceptable to the Town Attorney, as surety, being payable
to the Town and conditioned upon the payment to the Town for all damages
suffered by the Town, including any damages to utilities and property
of the Town, and for all costs incurred by the Town to enforce the
provisions of this section and the permit issued under it.
(3)
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 Town Engineer
with a scale of no less than one inch equals 100 feet and having an
overlaying grid of 50 feet by 50 feet which accurately includes all
areas and inhabited buildings within 500 feet of all proposed blasting
areas.
(4)
Hours of operation. Blasting shall only be conducted between 8:00
a.m. and 5:00 p.m. on Monday through Friday and 8:00 a.m. to noon
on Saturday, provided, however, that in the event an emergency has
delayed a blast beyond 5:00 p.m., a loaded hole may be blown within
a reasonable time thereafter. Blasting shall not be conducted at other
times or on Sundays or legal holidays without written permission from
the Town Engineer or his designee, which shall only be granted upon
a showing of extreme need.
(5)
Blasting log. A 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 Town Engineer or Town Board 30 working days of the
initiation of the blast or sooner if requested by the Town Board.
The Town may require that the permittee furnish to the Town 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 Town may obtain such analysis from an independent expert. The
permittee shall be liable for the cost of such analysis if it is determined
after an opportunity to be heard that there was good cause for the
Town to require such an analysis. Each blasting log shall include,
but not be restricted to, the following information:
(a)
Name and license number of blaster in charge of blast;
(b)
Blast location with grid coordinate references to the supplied
aerial photograph or drawing of the explosives use area;
(c)
Date and time of blast;
(d)
Weather conditions at time of blast;
(e)
Diagram and cross section of blast hole layout;
(f)
Number of blast holes;
(g)
Blast hole depth and diameter;
(h)
Spacing and burden of blast holes;
(i)
Maximum holes per delay;
(j)
Maximum pounds of explosives per delay;
(k)
Depth and type of stemming used;
(l)
Total pounds of explosives used, including primers and initiating
cord;
(m)
Distance to nearest inhabited building not owned by permittee;
(n)
Type of initiation system used;
(o)
Seismographic and airblast information, which shall include:
[1]
Type of instrument and last calibration date;
[2]
Exact location of instrument and date, time and distance from
the blast;
[3]
Name and company affiliation of person taking reading;
[4]
Name of the person and firm analyzing the seismographic and
airblast data when required; and
[5]
Vibrations and airblast levels recorded.
[Amended 3-13-2019 by Ord. No. 1]
The Town Clerk, 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 determined
by the Town Fee Schedule 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.
A.
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 Town of Koshkonong
does not cause injury, damage or unreasonable annoyance to persons
or property outside and beyond the permitted explosives use area.
B.
Instrumentation. All blast-monitoring instruments used to produce
data to support compliance with this subsection shall meet the following
minimum specifications:
(1)
Seismic frequency range: 2 to 200 Hz (± 3 Hz).
(2)
Acoustic frequency range: 2 to 200 Hz (± 1 Hz).
(3)
Velocity range: 0.02 to 4.0 inches per second.
(4)
Sound range: 100 to 140 dB linear.
(5)
Transducers: three mutually perpendicular axes.
(6)
Recording. Provide time-history of wave form.
(7)
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)
Calibration. At least once every 12 months according to manufacturer's
recommendations.
C.
Control of adverse effects.
(1)
General requirements. Blasting shall be conducted so as to prevent
injury and unreasonable annoyance to persons and damage to public
or private property outside the permitted explosives use area.
(2)
Airblast.
(a)
Limits. Airblast shall not exceed the maximum limits listed
in Table A-1 at the location of any dwelling, public building, place
of employment, school, church or community or institutional building
outside and beyond the permitted explosives use area. Notwithstanding
this general requirement, an annual permit holder subject to this
limitation may exceed the limitation on up to 5% of the blasts it
initiates during the six-month period from July 1 to December 31,
and during the six-month period from January 1 to June 30, without
violating this ordinance, provided that the airblast produced by such
blasts does not exceed the limitations on airblast imposed by the
Wisconsin Department of Safety and Professional Services in § SPS
307.44(3), Wis. Adm. Code, as amended from time to time.
|
Table A-1
| |
|---|---|
|
Airblast Limits
| |
|
Lower Frequency Limit of Measuring System(Hz)
|
Maximum Level(db)
|
|
2 or lower — Flat response
|
123 peak
|
|
6 or lower — Flat response
|
129 peak
|
(b)
Monitoring.
[1]
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 Town Board or its designee may, at its discretion, require
the relocation of monitoring equipment to a more suitable site and/or
may conduct independent airblast monitoring to spot-check data supplied
by the permittee. If the independent monitoring was done after good
cause was shown therefor and after the permittee was given notice
and an opportunity to be heard on the matter, the permittee shall
be liable to the Town of Koshkonong for all expenses incurred by the
Town of Koshkonong as a result of such independent monitoring. Upon
receiving and approving billings for such expenses, the Town shall
cause notice of the expenses to be mailed to the permittee, who shall
reimburse the Town for such expenses within 30 days after receipt
of such notice.
[2]
The measuring equipment used shall have an upper end flat frequency
response of at least 200 Hz.
(3)
Flyrock. Flyrock produced as a result of explosives use shall be
totally contained within the permitted explosives use area.
(4)
Ground vibration.
(a)
General.
[1]
The maximum ground vibration at the location of any dwelling,
public building, place of employment, school, church or community
or institutional building outside or beyond the permitted explosives
use area shall have a maximum peak-particle-velocity limit as provided
by the Department, the scaled-distance equation or the blasting level
chart of § SPS 307.44, Wis. Adm. Code, whichever is applicable
hereunder. Notwithstanding this general requirement, an annual permit
holder who is subject to the limitations of § SPS 307.44,
Wis. Adm. Code, may exceed the limitations prescribed by the Town
Engineer on up to 5% of the blasts it initiates during the six-month
period from July 1 to December 31 and during the six-month period
from January 1 to June 30 without violating this section, provided
that the ground vibration produced by such blasts does not exceed
0.65 inches per second or the limitations imposed by the Wisconsin
Department of Safety and Professional Services in § SPS
307.44(4), Wis. Adm. Code, as amended from time to time, whichever
is more stringent. Further, upon a showing by the permittee of particular
need (e.g., to deal with difficult physical conditions, such as a
"toe" or other uneven burden conditions), the Town Engineer is authorized
to approve individual proposed blasts, or specified sequences of proposed
blasts, which are anticipated to produce ground vibration in excess
of the limitations imposed by the Town Engineer, without violating
this section, provided that such specially approved blasts shall not
exceed the limitations of § SPS 307.44(4), Wis. Adm. Code
as amended from time to time. (All such specifically approved blasts
exceeding the limitations but not exceeding the limitations of § SPS
307.44(4), shall be counted as blasts exceeding the limitations for
purposes of determining whether an annual permit holder has exceeded
such limitations with respect to more than 5% of its blasts during
a six-month period hereunder.) Any denial of such special approval
by the Town Engineer may be appealed to the Town Board.
[2]
All structures in the vicinity of the permitted explosives use area, not listed in Subsection C(4)(a)[1], such as water towers, pipelines and other utilities, tunnels, dams, impoundments and underground mines shall be protected from damage by establishment by the permit holder of a maximum allowable limit on the ground vibration. The permit holder shall establish the limit after consulting with the owner of the structure.
(b)
Seismic monitoring.
[1]
The Town Board, in its discretion, may conduct independent seismic
blast monitoring to spot-check data supplied by the permit holder.
If the independent monitoring was done after good cause was shown
therefor and after the permittee was given notice and an opportunity
to be heard on the matter, the permittee shall be liable to the Town
of Koshkonong for all expenses incurred by the Town of Koshkonong
as a result of such independent monitoring. Upon receiving and approving
billings for such expenses, the Town shall cause notice of the expenses
to be mailed to the permittee, who shall reimburse the Town for such
expenses within 30 days after receipt of such notice.
[2]
The Town Board, upon good cause shown and after giving the permittee
notice and an opportunity to be heard, may request analysis, by a
method approved by the Town Engineer, of records and data for any
or all blasts which occurred within the permitted explosives use area.
(c)
Preblasting notification.
[1]
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 an area affected by the
permitted explosives use. The affected area shall be determined based
on the scaled-distance equation using a scaled-distance factor (Ds)
of 100, affected dwellings or other structures shall be those located
within the distance (D) of the permitted explosives use area for the
weight per delay (W) of explosives to be used. All calculations shall
be included in the permit application.
[2]
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, affected by
the permitted explosives use, may request a preblast survey. This
request shall be in writing to the Town Engineer, who shall promptly
notify the applicant/permittee. The applicant shall cause a preblast
survey to be conducted as to such dwelling or structures, provided,
however, that the applicant shall not be required to conduct a preblast
survey more than once every six years as to any dwelling or structure,
unless the dwelling or structure has been substantially modified or
improved. The preblast survey shall be promptly conducted in a manner
and form and by an independent survey company or organization selected
by the applicant and acceptable to the owner or resident and the Town
Engineer. 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.
[3]
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 Town of Koshkonong, the owner or resident, and the
applicant/permittee. The owner, resident or applicant/permittee shall
promptly submit, in writing, to the Town of Koshkonong any objections
to the survey report, setting forth in detail such objections.
[4]
An updated survey may be requested by the owner or resident
of any additions, modifications or renovations which occur to the
previously surveyed dwelling or structure. The request shall be in
writing to the Town Engineer, who shall promptly notify the permittee.
The updated survey shall be performed in the same manner and form
as the original survey.
[5]
All expenses incurred as a result of such independent surveys
shall be the responsibility of the applicant/permittee. Upon receiving
and approving billings for such expenses, the Town shall cause notice
of the expenses to be mailed to the applicant/permittee, who shall
reimburse the Town for such expenses within 30 days after receipt
of such notice.
