[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 12-17-2019 by Ord. No. 4-2019. Amendments noted where applicable.]
Editor's Note: This chapter was originally adopted as Ch. 78, but was renumbered to maintain the alphabetical organization of the Code.
The most-recent version of the following regulations must be strictly adhered to concerning blasting (at a minimum):
National Fire Protection Association (NFPA), NFPA 495: code for the manufacture, transportation, storage and use of explosive materials.
Pennsylvania Department of Environmental Protection (DEP), Title 25, Chapter 211: Storage, Handling and Use of Explosives.
Federal regulations: RI-8507, U.S. Bureau of Mines Criteria and Guidelines.
All necessary approvals and/or permits shall be obtained from Lower Frederick Township; and also any state, federal or other permits or approvals that may be required of agencies having jurisdiction thereof. A Township permit application shall be completed and submitted to the Township, along with the fee for the application. This permit application shall be reviewed by the Township Building Department and the Township Fire Marshal. Guidelines may be provided by Lower Frederick Township; they are to be used in the submission of the blasting permit as well as pertinent information after the permit has been issued. The fee for the blasting permit will be set by resolution.
The applicant shall provide to the Township a copy of a State of Pennsylvania blaster's license for each individual to be on the site and involved with the blasting activity. The applicant shall also furnish the name of the blasting contractor and/or subcontractor.
The Township requires either a bond, or certificate of insurance naming the Township of Lower Frederick as additional insured, in the minimum amount of $2,000,000 per occurrence/$4,000,000 in the aggregate, providing this coverage for explosion, collapse and underground (XCU) hazard.
A preblast survey shall be performed by the blasting contractor or subcontractor of all structures located within 1,500 feet (inside or outside of Lower Frederick Township) of any proposed blasting activity that will occur within Lower Frederick Township, unless access is denied by the property owner. The survey shall determine the condition of each structure and shall document any preblasting damage or other physical factors that could reasonably be expected to be affected by the use of explosives. In addition, all residential wells located within the aforesaid 1,500-foot area shall be checked for well water turbidity and bacterial contamination. The water quality test for existing wells shall include a written report signed by the person who conducted the test. Copies of the test results shall be provided immediately to the Township and the property owner.
The blasting contractor or subcontractor is required to comply with the following requirements:
The applicant (blasting contractor or subcontractor) shall notify the Township, Fire Marshal, Police Department, and all property owners within 3,000 feet (inside or outside of Lower Frederick Township) of the proposed blasting site, in writing, at least two weeks prior to each date of the blasting activity. The notification shall include, at a minimum, the day, time, specific location/street address, duration of the blasting activity, and the name and cell phone number of the applicant's designated contact person to handle complaints and emergency calls.
Applicants must distribute by hand-delivery written notice to property owners; if property owners are not home, a written notice must be affixed to the front door of the property. Applicant must confirm to the Township, in writing, that the notices have been distributed, and to which addresses.
The blasting contractor or subcontractor shall adhere to a blasting protocol that is established by Lower Frederick Township Building Inspector, Township Engineer and the Township Fire Marshal. Said blasting protocol shall include the following requirements:
All blasts which will take place within 250 feet of a structure will be monitored by an independent certified seismic geologist using seismic instrumentation.
The blasting contractor or subcontractor shall forward copies of all blasting reports prepared for submission to DEP to the Township Building Inspector and Fire Marshal, as well as any DEP permits obtained prior to blasting.
The blasting contractor or subcontractor shall provide the Township Building Inspector, Township Engineer and Fire Marshal with a plan showing the location of the blasting activities five days in advance of such activity. This plan shall include provisions for site security during blasting, including compliance with all applicable state and federal regulations. The plan shall include the use of blasting blankets, wherever possible.
The blasting contractor or subcontractor shall provide the Township with the name, address and phone number of a principal contact person that is available 24 hours a day should an emergency arise; and in the event that the principal contact person is unavailable, the blasting contractor or subcontractor will provide an alternate name, address and telephone number to the Township.
The applicant, general contractor, blasting contractor or subcontractor and the seismic geologist shall provide additional information to affected residents, upon request, with regard to blasting activity.
The movement of any and all explosives on the roads within the boundaries of Lower Frederick Township must be in compliance with the regulations issued by the Pennsylvania Department of Transportation and the Federal Department of Transportation. The storage of explosives in Lower Frederick Township will only take place during the period of time of actual usage and is to be maintained in accordance with applicable state or federal regulations. No overnight storage of explosives is permitted within the boundaries of Lower Frederick Township.
Blasting shall only be permitted on weekdays between the hours of 9:00 a.m. and 3:00 p.m.
The issuance of a blasting permit shall in no way be construed to warrant in any manner the workmanship, safety or in any way indemnify the applicant, blasting contractor and blasting subcontractor. The blasting permit issued by Lower Frederick Township is issued only for administrative purposes in promoting the general health, safety, welfare and orderly development of the community. The general contractor, the blasting contractor or blasting subcontractor is responsible for any damage which occurs due to the blasting activity or operation.
Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $ 1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
This chapter shall be effective five days after adoption.