[HISTORY: Adopted 1-14-2019 by Ord. No. 19-01. Amendments noted where applicable.]
This chapter describes the general regulation and enforcement
of blasting operations within the Town limits.
As used in this chapter, the following terms shall have the
meanings indicated:
An airborne shock wave resulting from the detonation of explosives.
The movement of overburden or the release of expanding gas into the
air from the detonation of explosives may cause airblast. Airblast
may or may not be audible.
The person responsible for managing and/or conducting of
a blasting operation.
Any activity entailing the use of explosives for the purpose
of producing an explosion to demolish structures or to fragment rock
for mining, quarrying, excavation, or construction. Related terms
are as defined in National Fire Protection Association (NFPA) 495;
Explosive Materials Code.
Includes all blasting anticipated to be undertaken during
the completion of a contract or a series of contracts, for demolition,
excavation, construction, and development. A blasting operation includes
all work involving the preparation, drilling, loading and detonation
of the explosive charge.
Includes the Town's duly appointed Code Enforcement
Officer, Assistant Code Enforcement Officer, and any assigned designee
of the Code Enforcement Officer.
The unit of sound pressure commonly used to measure airblast
for an explosion.
A sudden or unexpected occurrence involving a clear and imminent
danger, demanding immediate action to prevent or mitigate loss of,
or damage to, life, health, property, or essential public services.
Any substance, chemical compound, or mechanical mixture that
is commonly used for the purpose of producing an explosion for blasting.
Initiating devices such as detonators, detonating cords, etc., are
also included in this definition.
Rock that is propelled through the air or along the ground
as a result of the detonation of an explosive.
The shaking of ground caused by the blast wave emanating
from the detonation of an explosive.
A term used to express the frequency of ground vibrations
and airblast. One hertz is equal to one cycle per second.
A bona fide person approved by the Code Enforcement Officer
which is not affiliated with the applicant but is contracted to impartially
render services. In order to qualify as an independent firm, such
firm shall verify the following:
A blasting operation involving less than 250 cubic yards
of material to be removed.
A blasting operation involving 250 cubic yards or more of
material to be removed.
A measure of ground vibration that describes the velocity
at which a particle of ground vibrates when excited by a force producing
ground motion such as an earthquake or an explosion. Particle velocity
is measured in inches per second.
An instrument that measures and records earthborn vibration
induced by the detonation of explosives. The instrument produces a
printout of ground motion frequency, acceleration, particle velocity
and amplitude which may be recorded directly or produce a record from
which any of these parameters may be calculated.
This section applies to all blasting operations related to demolition,
excavation, construction, and development within the Town limits.
Emergency blasting operations are not subject to this section.
A.
All blasting permits must be approved, approved with conditions,
or denied by the Code Enforcement Officer.
B.
Based on the reliability of the quantity estimate, the location of
the project, and other factors that may warrant additional review,
the Code Enforcement Officer may elevate a Level 1 blasting operation
application to a Level 2 blasting operation application.
A.
Blasting operations are limited to the hours between 8:00 a.m. and
6:00 p.m., Monday through Saturday, inclusive.
B.
Blasting applicants shall maintain commercial general liability insurance
in accordance with requirements established by the Town. The insurance
policy must contain specific reference to blasting as an activity
covered by the insurance.
C.
Notification requirements.
(1)
Prior to applying for a Level 1 blasting permit, the applicant shall
notify all landowners and owners of public water and sewer services,
and any other entity with underground public utilities within 250
feet of the proposed blasting operation. Notice shall be sent by the
United States Postal Service (USPS) certified mail at least 10 calendar
days prior to the intended date of the commencement of the blasting
operation.
(2)
Prior to applying for a Level 2 blasting operation, the applicant
shall notify all landowners and owners of public water and sewer services,
and any other entity with underground public utilities within 500
feet of the proposed blasting operation. Notice shall be sent by the
United States Postal Service (USPS) certified mail at least 10 calendar
days prior to the intended date of the commencement of the blasting
operation.
(3)
The landowner notice must include the proposed blasting schedule,
a description of the blasting signals to be used during the operation,
an address and telephone number where landowners may request further
information and additional notification, information about obtaining
a preblast survey at no cost to the landowner in accordance with § 8.4.7D,
and information about how to receive a twenty-four-hour preblast notification.
(4)
No less than 48 hours prior to any blast, the applicant shall inform
the Fire Department and Code Enforcement Officer of the impending
blast, and include the time of the blast within two hours.
(5)
No less than 24 hours prior to any blast, the applicant shall inform
all landowners, who have requested to be so notified as per § 8.4.7C(3),
of the impending blast. Such notification may be given by telephone
or email and must state the time of the blast within two hours. The
burden of proof as to whether the notification was in fact received
rests with the person responsible for the blasting operation.
D.
Preblast survey requirements.
(1)
Level 1 blasting operations require the applicant to arrange for
an independent firm to perform preblast surveys on all buildings within
250 feet of the blasting area. All costs of the preblast survey shall
be borne by the applicant. Surveys must include a written description
and either a video or photographic documentation of any preexisting
conditions on the inside and outside of each building. At least three
documented attempts must be made by the applicant to physically offer
the survey to the landowner.
(2)
Level 2 blasting operations require the applicant to arrange for
an independent firm to perform preblast surveys on all buildings within
500 feet of the blasting area. All costs of the preblast survey shall
be borne by the applicant. Surveys must include a written description
and either a video or photographic documentation of any preexisting
conditions on the inside and outside of each building. At least three
documented attempts must be made by the applicant to physically offer
the survey to the landowner.
(3)
All preblast survey documentation must be provided to the Code Enforcement
Officer and held by the independent firm, and following completion
of the blasting operation, upon request, be made available to the
landowner at the expense of the applicant.
E.
Water tests.
(1)
The applicant will offer the services of an independent water testing
company to perform water tests of all active drinking water wells
within 500 feet of the blasting area. All costs of the water test
shall be borne by the applicant. The test must document the flow rate
of the well prior to blasting, as well as the levels of coli form
bacteria, e-coli, nitrate, pH, copper, iron chloride, manganese, arsenic,
calcium, and sodium. At least three documented attempts must be made
to physically offer the water test to the landowner.
(2)
The water tests shall be held by the independent water testing company
and, upon request, be made available to the landowner at the expense
of the landowner within 14 days of the request.
F.
Monitoring.
(1)
Instrumentation. All seismographs used for compliance with this section
must meet the requirements written in USBM RI 8507, current revision.
Calibration must be laboratory calibrated as necessary, but at least
once every 12 months according to the manufacturer's recommendations.
A copy of the latest calibration certificate must be available with
any and all seismographs on site.
(2)
Level 1 blasting operations require either an independent firm, retained
at the sole cost and expense of the applicant, or the applicant to
monitor airblast and vibration. All instrumentation must be in compliance
with the specifications outlined in this section. Instrument(s) will
be placed at the closest point of the building in greatest proximity
to the detonation to be recorded. A sketch showing the blast site,
its relation to adjacent buildings, the locations of the seismograph(s)
and pertinent distances will also be required. Written reports containing
pertinent information and seismograph printouts for each detonation
shall be submitted weekly to the Code Enforcement Officer and the
applicant.
(3)
Level 2 blasting operations require either an independent firm, retained
at the sole cost and expense of the applicant, or the applicant him-
or herself, to monitor airblast and vibration for Level 2 blasting
operations. No fewer than two seismographs must be employed to monitor
airblast and vibration for Level 2 blasting. All instrumentation must
be in compliance with the specifications outlined in this section.
The independent firm is required to record each detonation, document
the location of surrounding buildings, their distances and relation
to the blast site, analyze readings for compliance, and report results
to the blaster following each detonation. Written reports containing
pertinent information and seismograph printouts for each detonation
shall be submitted to the Code Enforcement Officer and the applicant.
(4)
Ground vibration from all blasting operations must be measured in
terms of peak particle velocity (inches per second) and frequency
(Hertz). The permissible maximum ground vibration at any adjacent
building must conform to valves established in USBM RI 8507, current
revision.
(5)
Airblast at any building from all blasting operations may not exceed
the values established in USBM RI 8485, current revision.
(6)
Sufficient stemming, matting or natural protective cover to prevent
flyrock from leaving the property or from entering protected natural
resources or natural buffer strips must be used. Crushed rock or other
suitable material must be used for stemming when available; native
gravel, drill cuttings or other material may be used for stemming
only if no other suitable material is available.
(7)
Record maintenance. The applicant will provide a record of each blast
to the Code Enforcement Office for inclusion in the property file.
Written records must contain the following:
(a)
Name of person responsible for the blasting operation.
(b)
Location, date(s), and time of blast(s).
(c)
Type of material blasted.
(d)
Types of explosives used.
(e)
Amount of explosives used.
(f)
Types of protections used (mats, etc.).
(g)
Seismograph and airblast readings (when and where measured).
G.
When a blasting operation pursuant to an issued permit is suspended
in an area for 90 days or more, renotification in accordance with
the standards written in § 8.4.7C(4) and (5) is required.
Additional preblast surveys are not required with the renotification
unless the blasting operations have been suspended past the date of
permit expiration.
H.
Blasting must be conducted in compliance with all pertinent sections
of the Town Code except as superseded by the provisions of 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 or the Town the more restrictive
regulation or provision prevails.
Where the Code Enforcement Officer has denied a blasting permit
under this section, the applicant may appeal the denial to the Board
of Appeals within 30 days of the Code Enforcement Officer's decision.
The Code Enforcement Officer and/or the Fire Chief may prescribe
any reasonable conditions or requirements deemed necessary to minimize
adverse effects upon the neighborhood or community.
Any material misstatement or omission of information required by this section or the violation of this section or any condition of a permit granted under this section constitutes a violation of this chapter and will be assessed a penalty under Title 1, Chapter 1.3.
