The most-recent version of the following regulations must be
strictly adhered to concerning blasting (at a minimum):
A. Local ( Lower Frederick Township): BOCA National Fire Prevention Code, Chapter
50, Open Burning, and Chapter
101, Openings and Excavations in Roads and Rights-of-Way.
B. National
Fire Protection Association (NFPA), NFPA 495: code for the manufacture,
transportation, storage and use of explosive materials.
C. Pennsylvania
Department of Environmental Protection (DEP), Title 25, Chapter 211:
Storage, Handling and Use of Explosives.
D. Federal
regulations: RI-8507, U.S. Bureau of Mines Criteria and Guidelines.
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:
A. 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.
B. 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:
A. All blasts
which will take place within 250 feet of a structure will be monitored
by an independent certified seismic geologist using seismic instrumentation.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.