[HISTORY: Adopted by the City Council of the City of Saco 12-3-2018[1] Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 230, Land Use and Zoning
[1]
Editor's Note: This amendment provided an effective date of
1-3-2019.
A.
Blasting is an activity essential to the economic viability of Saco.
Unregulated blasting and/or irresponsible blasting may cause undue
damage to the people, property and environment of the City.
B.
This chapter establishes specific standards for blasting operations,
notice requirements, instrument monitoring requirements of blasting
operations, a permit process for blasting and other associated standards
and requirements.
C.
It is intended to minimize the effects of airblast overpressure,
ground vibration, dust, and noise associated with blasting which may
be detrimental to the enjoyment of life, property and the conduct
of business for those individuals affected.
D.
It is also intended to provide standards that will prevent permanent
damage to the geologic, hydrogeologic and wildlife resources and ecological
balance in the region outside the immediate blast area. The chapter
is intended to protect the quality of life and the homes of residents,
neighborhoods, property, groundwater, wildlife resources, scenic beauty
and/or businesses, all lying outside the approved work area and potentially
affected by the blasting.
E.
It is intended to be effectively and efficiently administered without
causing undue financial and administrative hardship to blasting operators.
G.
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001,
Ordinance power, as well as the City's Home Rule authority under
the Maine Constitution, and shall be administered by the Code Enforcement
Officer.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An airborne shock wave resulting from detonation of explosives.
Airblast may be caused by burden movement or the release of expanding
gas into the air. Airblast may or may not be audible.
The owner or other individual, corporation or other business
entity who or which applies for the legal right to conduct blasting
at real property which it has the legal right to use.
The area where explosive material is handled during the loading
of drilled blastholes, including the perimeter formed by the loaded
blastholes and 50 feet in all directions from loaded blastholes [see
38 M.R.S.A. § 490-W(5)].
An applicant who has been awarded a permit to conduct blasting.
The use of explosives to break up or otherwise aid in the
extraction or removal of rock or other consolidated material.
All processes conducted in association with site or other
preparation for blasting, and the detonation of explosives.
The unit of sound pressure commonly used to measure airblast
from explosives. The decibel scale is logarithmic.
Any substance, chemical compound or mechanical mixture that
is used for the purpose of producing an explosion to fragment rock
for mining, quarrying, excavation and construction. Initiating devices
(detonators, detonating cords, etc.) are also included under this
definition.
Any operation engaged in the removal of more than 20 cubic
yards, in a twelve-month period, of topsoil, sand, gravel, clay, rock,
peat or other like material from its natural location and for transportation
off lot within any twelve-month period, except as may be exempted
within the extractive industry performance standards in this chapter.
Rock that is propelled through the air or along the ground,
which leaves the secured blast area as a result of the detonation
of explosives.
Shaking of the ground caused by blasting. Ground vibrations
are to be measured along three principal axes (x, y, z); namely, transverse,
vertical, and longitudinal, all of which are subject to the performance
standards herein.
Water beneath the earth's surface often between saturated
soil and rock that supplies wells and streams.
A term used, in the case of blasting, to express the frequency
of ground vibrations and airblast. One hertz is one cycle per second.
A measure of ground vibration in the case of blasting. Particle
velocity describes the velocity at which a particle of ground vibrates
when excited by a seismic wave. It is measured in inches per second.
The property designated in the application and permit where
rock is excavated in an extractive industry operation.
The area that may be affected by flyrock, dust, or fumes
from an explosion that may cause personal injuries, damages to property,
or losses in the process. The minimum distance for personnel is 500
feet. Safe distances will be determined based on conditions for each
blast by the blasting foreman or designee.
An instrument that measures and has the capability to provide
a permanent record of hertz and decibel readings concerning ground
vibrations caused by blasting.
A.
No blasting within the City of Saco shall be allowed unless a permit
has been obtained from the Code Enforcement Department, except as
otherwise exempted per this chapter.
B.
The requirements of this chapter are in addition to any other applicable
ordinances, regulations and statutes; and where different standards
are contained therein, the more restrictive standards shall apply.
C.
This chapter does not replace or negate federal and/or state requirements
pertaining to explosives.
A.
Blasting permit required.
(1)
The following shall require a permit:
(a)
Site plan/subdivisions. If the Planning Board determines that
a project involves or may require blasting, it shall expressly state
and set out in its conditions of approval for such project that the
applicant/developer secure from the Code Enforcement Officer a proper
blasting permit in advanced of blasting, and as required herein.
(b)
General construction. For any specific construction project,
whether reviewed or not reviewed by the Planning Board as part of
site plan or subdivision, that is found to need blasting at any time,
the owner/developer, or responsible general contractor, shall secure
a blasting permit, as described herein, from the Code Enforcement
Officer prior to any blasting.
(c)
Extractive industry and gravel pits. Any party who operates a gravel pit or who otherwise engages in extractive industry or earth removal operations, all as described in the City's Zoning Ordinance (Chapter 230), shall secure from the Code Enforcement Officer a blasting permit, as described herein, prior to any blasting.
(d)
All other blasting locations. Any other person or party, regardless
of prior review, and regardless of purposes, that may need to conduct
blasting shall be required to obtain a blasting permit, as described
herein, from the Code Enforcement Department.
(2)
No person or party may conduct any blasting within the boundaries
of the City of Saco without first having obtained review and approval
from the Code Enforcement Officer.
B.
Notice required. All proposed blasting activities in Saco shall require notice of blasting to be given to the Code Enforcement Department, in writing, at least 10 business days prior to the proposed start of blasting. This notice is in addition to and not in lieu of the fourteen-day review notice detailed in Subsection C below. Notice of the blasting shall be made public in at least one newspaper of general circulation in the area at least 10 days before such blasting is scheduled to take place.
C.
Blasting application information. All applications for permits to
conduct blasting shall contain the following information, referred
to as the "blast plan." All blast plan applications shall be submitted
at least 14 calendar days prior to the proposed start of any drilling
or blasting operation:
(1)
Applicant: the applicant's name, address, daytime telephone
number, fax number, and e-mail address.
(2)
Owner's name, address, daytime telephone number, fax number,
and e-mail address.
(3)
Blasting contractor: the blasting contractor's name, address,
daytime telephone number, fax number, and e-mail address (if other
than the blaster). Contractor shall submit written evidence of license(s)
held, experience and qualifications of the individual who will be
responsible for loading and firing each shot.
(4)
General contractor: the general contractor's name, address,
daytime telephone number, fax number, and e-mail address.
(5)
Work site: the street address and Tax Assessor's map and lot
number for the proposed blasting activity. If the blast plan is for
a property shown on a plan reviewed by the Planning Board, the blast
area for which the permit is requested shall be included on the plan.
(6)
Information about the blast plan to include the following:
(a)
Purpose of blast: a brief description of the work for which
the blasting activity is requested.
(b)
Volume of material: the estimated number of cubic yards (measured
in place) of material to be loosened or fragmented by blasting.
(c)
Number of blasts: the estimated number of blasts required to
loosen or fragment the specified amount of material.
(d)
Blast period: the planned starting and ending dates of the blasting
activity.
(e)
Site diagram: a sketch or diagram showing the property where
blasting will be conducted, including: the location of adjacent structures
and distance to those structures; description and location of blasting
signs.
(f)
Description of test blast drill pattern.
(g)
Explosives to be used during both wet and dry conditions.
(h)
Description of matting that will be used to prevent flyrock.
(i)
Type, number, and planned locations of seismograph, and any
other instrumentation proposed for use to monitor vibrations and airblast
overpressures.
(j)
Description of proposed transport and storage of explosives.
(k)
Description of safety procedures, security measures, and warning
procedures to be employed before, during and after the blast period.
(l)
Signature of blasting contractor testifying to the accuracy
of the blast plan.
D.
Insurance. Prior to commencing blasting operations, evidence of liability
insurance shall be submitted to the Code Enforcement Office in a minimum
amount of $1,000,000 combined single limit per occurrence.
E.
Public hearing. A public hearing is not required prior to the issuance
of a blasting permit by the Code Enforcement Officer.
F.
Fees. Fees for blasting permits shall be as determined, and amended
from time to time, by City Council order.
G.
Permit duration.
(1)
Permits shall be valid for a period of 90 days. No blasting after
90 days shall occur except as permitted herein.
(2)
Lapse and extension. Any party that does not complete its blasting
within the ninety-day time period may apply to the Code Enforcement
Officer for a reasonable extension, not to exceed 60 days. The Code
Enforcement Officer shall have full discretion as to the length and
condition of any extension. If the ninety-day period lapses prior
to a request for extension, the Code Enforcement Officer may require
that the party reapply for a new blasting permit.
(3)
Reserved.
H.
Notice and pre-blast survey.
(1)
The following notification and pre-blast survey requirements shall
be required for all blasting permits prior to commencing blasting:
|
Small blast
(feet)
|
Medium blast
(feet)
|
Large blast
(feet)
| |
|---|---|---|---|
|
Notice required
|
500
|
700
|
900
|
|
Pre-blast survey to be offered
|
100
|
300
|
500
|
(2)
The blasting contractor will hire an independent qualified seismologist, blasting consultant or engineer to perform pre-blast surveys on all structures in the areas outlined in Subsection H(1) above, contingent upon property owner agreement. The independent seismologist or blasting consultant shall not be an employee of the contractor, subcontractor, explosives manufacturer, or explosives distributor.
(3)
Pre-blast survey offer notice: Prior to commencement of the pre-blast
surveys, the blasting contractor shall provide the following documentation
to the Code Enforcement Department:
(a)
A list of property owners to be contacted (in accordance with
the distances listed in the table, above).
(b)
Verification that the subject property owners were notified
of the pre-blast survey work.
(c)
A copy of the pre-blast survey offer notice.
(d)
Whether each offer to conduct a pre-blast survey was either
accepted, rejected, or there was no response. The contractor shall
retain a copy of each pre-blast survey offer notice for their records
until the development project receives a final certificate of occupancy
or is otherwise deemed complete by the City. Nothing herein shall
be construed to discourage repeated efforts by the blasting contractor
to contact eligible property owners via phone, hand delivery, or other
method in addition to provision of the required offer notice letter.
(4)
Pre-blast survey documentation. All pre-blast surveys shall include
documentation of interior subgrade and above-grade accessible unobscured
walls, ceilings, floors, roof and visible exterior as viewed from
the grade level. Where significant cracks or damage exist, or for
more complex structural defects, photographs or video shall be taken.
A high-quality digital video or videotape survey with appropriate
audio description of the locations, conditions, and defects may substitute
for a written pre-blast survey. Where necessary, notes and sketches
may also be used as part of a video pre-blast survey in order to highlight
or elaborate on certain aspects of the video documentation.
(5)
Pre-blast survey conditions report. All pre-blast surveys shall include
an existing conditions report for each property. The conditions report
may be presented as narrative, photographs, video or a combination
thereof. Conditions reports shall summarize the condition of each
building and define areas of concern, including deteriorated structures
or utilities, structures housing sensitive equipment, and/or manufacturing
processes that are sensitive to vibrations.
(6)
Verification that all pre-blast surveys and conditions reports have
been completed shall be submitted to the Code Enforcement Department
at least two weeks prior to commencing any drilling and/or blasting
operations.
All blasters shall comply with the following performance standards:
A.
Hours of detonation.
(2)
All other blasting. Hours of detonation are limited to between sunrise
and sunset but no earlier than 8:00 a.m. and no later than 8:00 p.m.,
Monday through Friday inclusive.
(3)
Emergency situations. Blasting of any type may occur at any time
in situations deemed to be emergencies by the Code Enforcement Department,
after consultation with other City staff as may be determined to be
necessary by Code Enforcement personnel. Emergency situations may
include, but are not limited to, blasting to install utilities damaged
by weather events or blasting to correct a misfire of explosives in
an otherwise permitted blast event.
B.
Water quality protection. Water is a precious resource and the applicant must take measures to assure that the quality of the groundwater is protected. Prior to the initial blast, the applicant must conduct water quality tests on all non-applicant-owned wells within distances outlined in § 71-4H above. Water quality testing must also be done post-blast if requested by the property owner because of evidence of a substantive change in water quality. Turbidity in wells tested shall be no greater than that which existed prior to the blasting as established in the pre-blast survey.
C.
Ground vibration.
(1)
Peak particle velocity. Peak particle velocity limits (inches per
second) not to be exceeded at any time, and in any one of the three
principal directions at a structure location:
(a)
Production quarry.
|
Distance from Blast
(feet)
|
Maximum Peak Particle Velocity
(inches/second)
|
|---|---|
|
Less than 300
|
1.25
|
|
300 to less than 500
|
0.94
|
|
500 to less than 5,000
|
0.75
|
|
5,000 or more
|
0.54
|
(2)
Measurement. Ground vibration shall be measured as particle velocity.
Particle velocity shall be recorded in three mutually perpendicular
directions (x, y, z). The maximum allowable peak particle velocity
shall apply to each of the three measurements.
(3)
Seismographic record. A seismographic record for all blasts shall
be retained by the applicant and provided to the Code Enforcement
Department or the Planning Board, if requested. The applicant is responsible
for such record and for providing proper instrumentation as specified
in this chapter. Personnel conducting such monitoring shall be properly
trained in the operation of the equipment being used.
D.
Airblast overpressure. Level not to be exceeded at any time: 133
peak dB (linear) two hertz high-pass system.
E.
Instrumentation. All seismographs used for compliance with this chapter
shall meet the following minimum specifications:
(1)
Seismic frequency range: two Hz to 200 Hz (±three±
Hz).
(2)
Acoustic frequency range: two Hz to 200 Hz (±one± dB).
(3)
Velocity range: 0.02 inch to 4.0 inches per second.
(4)
Sound range: 110 dB to 140 dB linear.
(5)
Transducers: three mutually perpendicular axes.
(6)
Recording: provide time-history of waveform.
(7)
Calibration: laboratory-calibrated as often as necessary, but at
least once every 12 months or according to manufacturer's recommendations,
whichever is less.
(8)
Measurements. The requirements established herein shall be measured
at the closest building(s) on abutting properties as determined by
the Code Enforcement Officer or Planning Board.
F.
Other permits. The applicant must also comply with all standards
and conditions contained in other permits issued for such projects
and local, state and federal statutes and regulations.
A.
Required notification of blasting. The following notice requirements
for any blast requiring a blasting permit shall be adhered to by the
blaster.
(1)
Initial notice. The following initial notice of blasting shall be
required:
(a)
Notice to abutters/all blasting. The blaster must send by first-class mail an advisory notice to all property owners within the distances outlined in § 71-4H(1) of the secured blasting area. Notification shall be mailed no later than five calendar days prior to the initiation of blasting. A certificate of mailing shall be submitted to the Code Enforcement Department as verification that said mailings were done. Said notice must include the description of the blasting signals to be utilized during the operation. The blaster of either an earth removal operation or other project must provide notice to a property owner who has made a written request to the blaster.
A.
Entry and testing. The Code Enforcement Officer or his authorized
representative may enter the secured blasting area or adjacent area
to conduct tests and observe any authorized blasting operations and
may order that additional ground vibration and airblast overpressure
measurements using approved instrumentation be made by persons responsible
for blasting operations to ensure that the limits specified in this
chapter are not exceeded, if excess readings are indicated.
B.
Additional monitoring. The blaster shall maintain a record of each
blast. All records shall be retained at least three years following
cessation of the blasting operation, and shall be available for inspection
by the Code Enforcement Officer and shall contain the following minimum
data for traceability purposes:
(1)
Name and contact information of responsible party: the name and contact
information of the person(s) responsible for the blasting operation.
(2)
Location, date, time, number and pattern/spacing of blast holes,
total charge weight, charge weight per delay, date and time of each
blast.
(3)
Blaster: the name(s) of blaster in charge.
(4)
Weather: the weather conditions (including such factors as wind direction,
cloud cover, etc.).
(5)
Data: seismograph and airblast readings, including date, time, and
location of instrument.
(6)
Notice: name, addresses, date and time of all persons who were notified
prior to every blast.
A.
Applicability. Upon adoption of this chapter, all existing and new
blasting operations are subject to the terms herein, and must obtain
a permit to conduct any further blasting.
B.
Review. A complete review of all activities under this chapter shall
be undertaken by the Code Enforcement Department 12 months after adoption
of this chapter to determine if the levels are adequate and reasonable
to achieve the purpose for which this chapter is intended. The results
of this review shall be reported to the City Administrator, which
will report to the City Council with recommendations of the review.
A.
Application. Applications for a permit for exception from the performance
standards designated in this chapter may, on the basis of hardship,
be made to the Code Enforcement Department with notice to the Mayor
and City Council prior to blasting. Blasting shall not proceed until
24 hours has elapsed from the time notice was given to the Mayor and
City Council. Any permit granted hereunder shall contain all conditions
upon which said permit has been granted and shall specify a reasonable
time that the permit shall be effective.
B.
Standards. The Code Enforcement Officer may grant the exception as
applied for only if:
(1)
Limited in scope: the activity or operation will be of a temporary
duration, i.e., a limited number of blasts at a specific site, and
cannot be done in a manner that would comply with this chapter;
(2)
Reasonable alternative: no other reasonable alternative is available
to the applicants; and
(3)
Safety: the applicants represent, and the Code Enforcement Officer
finds, that blasting as permitted will not violate recognized safety
standards.
C.
Conditions. Upon the issuance of any exception permit, the Code Enforcement
Officer may limit the scope of the exception and prescribe any reasonable
conditions or requirements he deems necessary to minimize adverse
effects.
A.
Penalties. The submission of false information required by this chapter,
or the violation of this chapter or the violation of any condition
attached to a permit granted under this chapter shall constitute a
land use violation for which an enforcement action may be commenced
by the City in accordance with 30-A M.R.S.A. § 4452.
B.
Reporting. A copy of the violation report and consent agreement reached
between the City and the person or entity found in violation of any
portion of this chapter will be filed in the permit or license file.
Blasting in Saco shall be conducted in compliance with all pertinent
section of the City Code of Ordinances, and, except as superseded
by the provision of this article, the NFPA 1 Fire Prevention Code,
and NFPA 495 Explosive Materials Code as adopted by the State of Maine.
In any particular instance where these regulations are in conflict
with any other rules, regulations or ordinances of the City, the more
restrictive regulation or provision shall prevail.
If the Code Enforcement Department has denied a blasting permit
under this article, the applicant may appeal the denial to the Zoning
Board of Appeals within 30 days of the decision by filing a written
notice of appeal.
