[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 7, Ch. 11, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
A.
Authority. This chapter is adopted pursuant to the police powers
granted to the Village under Chapter 61, Wis. Stats.
B.
Purpose. The purpose of this chapter is to:
(1)
Protect the health, welfare and safety of Village residents;
(2)
Protect public and private property located within the Village;
(3)
Regulate the use of explosive materials and establish uniform limits
on the permissible levels of blasting resultants to reasonably ensure
that blasting resultants do not cause injury, damage or nuisance to
persons or property.
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 Village of Winneconne.
Any individual holding a valid blaster's license issued by
the Wisconsin Department of Safety and Professional Services or other
appropriate state agencies.
Any method of loosening, moving or shattering masses of solid
matter by use of an explosive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 nuisance to persons
or property located outside the controlled blasting site area.
A built-up inhabited area.
The Wisconsin Department of Safety and Professional Services
or other appropriate state agencies.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
An injurious effect on the safety, health, or morals of the
public, or use of property which works some substantial annoyance,
inconvenience, or injury to the public and which causes hurt, inconvenience,
or damage.
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.
The Village of Winneconne, Winnebago County, Wisconsin.
A.
General.
(1)
General permit(s) required. No person shall handle or use explosive
materials in the Village of Winneconne unless he/she:
(a)
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.
(2)
Firearms exception. For purposes of this chapter, blasting does not
include the discharge of firearms for hunting.
B.
Village permit requirements. No person shall handle, use or cause
explosives to be detonated within the Village of Winneconne without
an explosives use permit issued by the Village of Winneconne, as hereafter
set forth, to such person, his/her supervisor or employer:
(1)
Application. Applications for an explosives use permit shall be in
writing upon forms provided by the Village Clerk-Treasurer. Applications
shall be accompanied by a permit fee in accordance with the Village
Board's current Fee Schedule[1] as determined by the Village Board. Permits shall be issued
on an annual basis commencing January 1 and ending on December 31.
Applications may be made by and permits issued to the blasting business,
provided that the person doing the blasting or responsible for such
blasting shall hold a valid Wisconsin blaster's license with proper
classification. The application will identify the licensed blasters
operating under the permit and the blasting locations within the Village
of Winneconne.
[1]
Editor's Note: The Fee Schedule is on file in the Village
office.
(2)
Financial assurance. Each application for an explosives use permit
as herein stated, or a renewal thereof, shall be accompanied by a
certificate of insurance evidencing comprehensive general public liability
insurance against claims for bodily injury, death, or property damage
arising out of the blasting operation; such insurance to afford protection
to the Village of Winneconne and its residents of not less than $1,000,000
with respect to bodily injury or death to any one person, not less
than $3,000,000 with respect to any one accident, and not less than
$100,000 with respect to property damage. The certificate of insurance
shall name the Village of Winneconne and its residents as additional
insured under the relevant policy. Any insurance which the blaster
is obligated to carry under the terms of this chapter may be carried
under so-called "blanket" policies covering other properties or liabilities
of the blaster, provided that such blanket policies otherwise comply
with the provisions of this subsection. Each insurance policy shall
provide that it shall not be cancelled by the insurance company, except
after not less than 90 days' notice to the Village, in writing, by
registered or certified mail. Not less than 30 days prior to the expiration
of the 90-day notice of cancellation, the blaster must deliver to
the Village a replacement insurance policy, in absence of which all
blasting shall cease. The liability insurance must be issued by a
company licensed by the State of Wisconsin to issue the policy. The
Village Board reserves the right to increase the amount of the insurance
policy depending on the circumstances of the blasting activity.
(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 Village Board
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 9:00
a.m. and 4:00 p.m. on Monday through Friday; provided, however, that
in the event an emergency has delayed a blast beyond 4:00 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 Village Board or its designee,
which shall only be granted upon a showing of extreme need.
(5)
Blasting log. An accurate 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 Village Clerk-Treasurer within seven working days
of the initiation of the blast. The Village may require that the permittee
furnish to the Village 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 Village may obtain such
analysis from an independent expert. The permittee shall be liable
for the reasonable cost of such analysis if it is determined after
an opportunity to be heard that this requirement was violated by the
permittee. 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 date when required;
[5]
Vibrations and airblast levels recorded; and
[6]
Copy of the seismograph printout.
A.
Temporary permit requirements. The Village Clerk-Treasurer, upon the concurrence of the Chief of Police, 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 Village Board, in its discretion, may grant one fourteen-day extension. Only one temporary permit (and one renewal) can be issued for any given site within the year of permit issuance. Applicants for temporary permits are required to provide financial assurance as specified in § 237-3B and provide notice to all neighbors within 500 feet of the special construction or demolition activity.
B.
Temporary permit categories. Permits shall be in the following categories:
(1)
Road, sewer, heavy construction. The fee shall be as determined by
the Village Board, based on the explosive-use plan submitted by the
contractor or blaster.
(2)
Construction authorized by Village Board. Construction authorized by the Village Board for Village use is exempt from the fee. Applicants for these permits are required to file financial assurances as specified in § 237-3B and provide notice to all neighbors within 500 feet.
(3)
Construction. This category includes home building, septic systems,
swimming pools, etc. The fee is included in the building permit. If
blasting becomes necessary after the issuance of a building permit,
a fee in accordance with the Village Board's current Fee Schedule[1] will be assessed for the blasting permit. No bond is required.
However, proof of insurance and notice to all neighbors within 500
feet is required.
[1]
Editor's Note: The Fee Schedule is on file in the Village
office.
(4)
Agricultural. This category includes stump removal, silo demolition,
manure pits, etc. The fee shall be a fee in accordance with the Village
Board's current Fee Schedule for the permit. No bond is required.
However, proof of insurance and notice to all neighbors within 500
feet is required.
A.
Purpose of section. It is the purpose of this section to provide
for the establishment of uniform limits on permissible levels of blasting
resultants to reasonably ensure that blasting within the Village does
not cause injury, damage or a nuisance 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. Two to 200 Hz (+ 3
Hz).
(2)
Acoustic frequency range. Two to 200 Hz (+ 1 dB).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Velocity range. 0.02 to four inches per second.
(4)
Sound range. 110 to 140 dB linear.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 airblast 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 generally. The permittee shall take necessary
steps determined by the Village to control adverse effects from his/her
activity.
D.
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.
E.
Airblast.
(1)
Limits. A blast 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 period from January 1 to December 31 without violating this chapter,
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 307.43, Wis. Adm. Code,
as amended from time to time.
|
Table A-1
Airblast Limits
| |
|---|---|
|
Lower Frequency Limit of Measuring System in Hz
|
Maximum Level in db
|
|
2 Hz or lower — flat response
|
123 peak
|
|
6 Hz or lower — flat response
|
129 peak
|
(2)
Monitoring.
(a)
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 Village 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 independent monitoring by the Village
after hearing discloses that this chapter was violated by the permittee,
then, in that event, the permittee shall pay the reasonable costs
incurred by the Village for the independent monitoring. Upon receiving
and approving billings for such expenses, the Village shall cause
notice of the expenses to be mailed to the permittee, who shall reimburse
the Village for such expenses within 30 days after receipt of such
notice.
(b)
The measuring equipment used shall have an upper end flat frequency
response of at least 200 Hz.
(c)
All measuring equipment during monitoring shall be spiked to
the ground or sandbagged.
F.
Flyrock. Flyrock produced as a result of explosives use shall be
totally contained within the permitted explosives use area.
G.
Ground vibration.
(1)
General.
(a)
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 provided by the Department,
or the blasting level chart provided by the Department, whichever
is applicable hereunder.
(b)
All structures in the vicinity of the permitted explosives use area not listed in Subsection G(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.
(2)
Seismic monitoring.
(a)
The Village 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 Village
for all expenses incurred by the Village as a result of such independent
monitoring. Upon receiving and approving billings for such expenses,
the Village shall cause notice of the expenses to be mailed to the
permittee, who shall reimburse the Village for such expenses within
30 days after receipt of such notice.
(b)
The Village Board, upon good cause shown and after giving the
permittee notice and an opportunity to be heard, may request analysis
of records and data for any or all blasts which occurred within the
permitted explosives use area.
(3)
Preblasting notification.
(a)
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 maximum pounds of explosive per eight MS delay from the previous three years' high. This calculation's square root x 100 shall determine the affected in area in feet. This calculation shall be the maximum distance from the boundary of the quarry where a preblast survey may be requested. One thousand feet shall be the minimum distance for which a preblast survey may be requested regardless of the above calculation. Residents outside of these boundaries may petition the Village Board for a preblast survey, with the survey to be at the quarry operator's expense. Residents denied this preblast survey may, at their own expense, secure a survey by a company acceptable to the quarry operator. The quarry operator may not unreasonably reject the company proposed to perform the survey. The surveys performed in this subsection will serve as the basis for damage claims against the quarry operator. The blasting logs used to determine the previous three years' high, as referenced in this subsection, are available for inspection from the Village Clerk-Treasurer. [See § 237-3B(5).]
(b)
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 affected area, previously defined in Subsection G(3)(a) immediately above, who may request a preblast survey. All preblast surveys shall include a water quality test for existing wells. The applicant shall cause a preblast survey to be conducted as to such dwellings or structures, and extensive water quality testing, for existing wells; provided, however, that the applicant shall not be required to conduct a preblast survey more than once every six years and a well water quality test more than once every four years. The applicant or permittee are responsible for the costs of all requested preblast surveys and water quality tests.
(c)
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 Village Clerk-Treasurer, the owner or resident, and
the applicant/permittee. The owner, resident or applicant/permittee
shall promptly submit, in writing, to the Village any objections to
the survey report, setting forth in detail such objections.
(d)
The owner of a dwelling or structure that is within the affected area defined in Subsection G(3)(a) above, who subsequent to the preblast survey has substantially modified or improved the dwelling or structure by 50% or more of the fair market value may request a new preblast survey. If it is found that a preblast survey is appropriate, the permittee may conduct such surveys within a reasonable period of time, but not exceeding twice a year for all such requests by all owners. These updated surveys shall be requested, in writing, and submitted to the Village Board, which shall promptly notify the permittee of the request.
(e)
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 Village shall cause
notice of the expenses to be mailed to the applicant/permittee, who
shall reimburse the Village for such expenses within 30 days after
receipt of such notice.
A.
Effective date. All use of explosives and blasting activity conducted
in the Village shall be subject to the provisions of this chapter.
Existing operations of whatever nature, including, without limitation,
nonmetallic mining operations, shall comply with the terms of this
chapter.
B.
Other ordinances. Where the provisions of this chapter conflict with
any provisions of any other Village ordinance, the provisions of this
chapter, if more restrictive than those of the other ordinances, shall
control and shall supersede the provisions of the other ordinances.
C.
State and federal laws. Where the provisions of this chapter conflict
with the provisions of any applicable state or federal law or regulation,
the provisions of the most restrictive ordinance, statute or regulation
shall control to the extent permitted by state and federal law.
A.
Enforcement provisions.
(1)
Enforcement. The following are criteria that the Village Board may
consider for issuance, reissuance, suspension or revocation of a blasting
permit:
(a)
Compliance with the blasting standards established by the Village
of Winneconne as noted herein by this chapter.
(b)
Development and submittal to the Village Board the explosives
use plan and failure upon operation to comply with the plan.
(c)
Development and submittal to the Village Board of the Village
of Winneconne the blasting log and failure upon operation to comply
with the information called for by the blasting log.
(d)
Maintaining the financial assurance requested by the Village
Board.
(e)
Compliance with the operational hours for blasting as noted
herein by this chapter.
(f)
Compliance with airblast and ground vibration standards established
by the Village of Winneconne as noted herein by this chapter.
(g)
Compliance with the preblasting notification requirements to
residents and the Village Board as noted herein by this chapter.
(h)
Attempts made by the permittee or party in interest to comply
with the provisions of this chapter.
(i)
Consideration of atmospheric, unknown conditions, including
geophysical conditions, and other matters beyond the control of the
permittee or party in interest.
(2)
Suspension/revocation.
(a)
Unless expressly provided herein or by other Village of Winneconne
ordinance provisions, the explosives use permit may be suspended or
revoked for cause for substantial noncompliance with this chapter
after the proper Village of Winneconne hearing noted below, unless
in an emergency condition determined by a designated member of the
Village Board and either the Village Clerk-Treasurer, Fire Inspector
or the permit issuer of the Village of Winneconne wherein the license,
registration or permit can be suspended temporarily for a set time
period. Prior to any action for suspension or revocation, the Village
Board must, by the Village Clerk-Treasurer, receive a verified complaint
concerning the licensee, registrant or permittee. The following persons
may file a verified complaint with the Village Board of the Village
of Winneconne:
(b)
The Village Board will make a determination if the allegations
of the complaint are of sufficient magnitude, importance, or otherwise
of such a nature as to require a formal evidentiary hearing.
(c)
The person subject to charges for violation of any Village of
Winneconne ordinance or any violation of a condition of the explosives
use permit shall be provided a copy of the verified complaint and
notice of hearing before the Village Board. The hearing shall be required
to be not less than 10 days nor more than 30 days after the receipt
of notice, unless stipulated, in writing, by the Village Board and
the person subject to charges.
(d)
The person subject to charges for violation of any Village of
Winneconne ordinance or any violation of a condition of the explosives
use permit shall be entitled to the following:
(e)
The Village Board may, after the hearing for any person previously
issued an explosives use permit by the Village Board act as follows:
(f)
The final decision of the Village Board to revoke or suspend
the explosives use permit shall be subject to appeal to the Circuit
Court.
B.
Penalties for violations. In addition to the denial, suspension or revocation of a permit issued under this chapter, any person who shall violate any provision of this chapter or who shall fail to obtain a permit as required hereunder shall, upon conviction of such violation, be subject to a penalty of a civil forfeiture as determined in § 1-3 of the Code of the Village of Winneconne, together with the costs of prosecution. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter. Any default of such forfeiture determined by a Court of competent jurisdiction shall be subject to any penalties as provided by §§ 66.0109, 66.0113, 66.0115 and 66.0114, Wis. Stats., as may be amended.
