The provisions of this article shall apply within the city limits
(i.e., incorporated municipal boundary).
(Ordinance 07-03-20, sec. 2 (A),
adopted 3/20/07)
Unregulated blasting is hereby defined as a nuisance and is prohibited within the city. It shall be unlawful for any person to violate the provisions of this article. Blasting shall not be conducted within the city limits without first obtaining a permit under section 3.08.004 below.
(Ordinance 07-03-20, sec. 2 (B),
adopted 3/20/07)
As used in this article, the following words shall have the
following definitions:
The ignition of an explosive charge for the purpose of separating
and displacing in situ rock or earth.
The area including the blast site and the immediate adjacent
area affected by flying rock, missiles and concussion.
The practice or occupation of breaking up and or extracting
heavy masses or rock, or other materials imbedded in the ground, by
means of blasting agents or explosives.
A material or mixture consisting of fuel and oxidizer, intended
for blasting provided that the finished product, as mixed for use
or shipment, cannot be detonated by means of a No. 8 test detonator
when unconfined. Blasting agents are labeled and placarded as class
1.5 materials by U.S. Department of Transportation.
The area in which explosive materials are being or have been
loaded and which includes all holes loaded or to be loaded for the
same blast and a distance of 50 feet in all directions.
A chemical compound, mixture or device, the primary or common
purpose of which is to function by explosion. The term includes, but
is not limited to, blasting agent, dynamite, black powder, pellet
powder, initiating explosives, detonators, safety fuses, squibs, detonating
cord, igniter cord and igniters.
The City of Horseshoe Bay Utilities Director or his designated
representative.
(Ordinance 07-03-20, sec. 2 (C),
adopted 3/20/07; Ordinance
2021-26 adopted 9/21/21)
(a)
It
shall be unlawful for any person to engage in any blasting activity
or prepare for blasting activity at a blasting site within the city
without first applying for and receiving a permit from the regulatory
authority. Permits shall be one of the following classes:
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Class A permit. An instrument indicating
approval by the regulatory authority for the use of blasting agents
or explosives at the specified location for a period of 30 calendar
days from the date of issuance.
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Class B permit. An instrument indicating
approval by the regulatory authority for the use of blasting agents
or explosives at the specified location for a period of 120 calendar
days from the date of issuance.
|
|
Class C permit. An instrument indicating
approval by the regulatory authority for the use of blasting agents
or explosives at the specified location for a period of one year from
the date of issuance.
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(b)
Each
such blasting permit will authorize blasting for extraction of materials
(i.e. rock, stone, etc.) only at the blasting site designated on the
permit, and permits are not transferable to other locations or other
persons.
(c)
Permits
authorized by this article shall be issued only upon payment in compliance
with the fee schedule found in the appendix of this code, which may
be amended from time to time by city council resolution.
(d)
The
site operator, or designated representative, may apply for an appropriate
permit in accordance with the following procedures:
(1)
The applicant shall submit a completed permit application in such
form and detail as prescribed by the regulatory authority accompanied
by the appropriate fee.
(2)
The City of Horseshoe Bay Utilities Director shall have seven (7)
calendar days in which to approve or deny the permit application.
(3)
Any party aggrieved by the denial of a permit or inaction by the
City of Horseshoe Bay Utilities Director of the regulatory authority
may file a written appeal to the city council.
(4)
The city council shall review the appeal at its next regularly scheduled
and posted meeting when the appeal is received prior to 5 working
days prior to the council meeting agenda being posted.
(e)
No
permit shall be issued to any applicant who:
(1)
Has previously failed to satisfy any damages arising from the neglect
of the applicant, his agent, or employees; or
(2)
Who permits the possession, transportation, use or discharge of:
(A)
Liquid nitroglycerine.
(B)
Dynamite (except gelatin dynamite) containing over 60 percent of
liquid explosive ingredient under any conditions liable to exist during
storage.
(C)
Nitrocellulose in a dry and uncompressed condition in quantity greater
than ten pounds net weight in one package.
(D)
Fulminate of mercury in bulk in a dry condition and fulminate of
all other metals in any condition except as a component of manufactured
articles not hereinafter forbidden.
(E)
Explosive compositions that ignite spontaneously or undergo marked
decomposition rendering the products of their use more hazardous when
subjected for 48 consecutive hours or less to a temperature of 167
degrees Fahrenheit.
(F)
Explosives containing an ammonium salt and a chlorate.
(Ordinance 07-03-20, sec. 2 (D),
adopted 3/20/07; Ordinance
2021-26 adopted 9/21/21; Ordinance adopting Code)
An investigation shall be made whenever any blasting for which
a permit is required by this article has commenced without first obtaining
a permit. An investigation fee shall be collected whether or not a
permit is subsequently issued. The payment of such investigation fee
shall not exempt any person from compliance with all other provisions
of this article or from any penalty prescribed by law. The investigation
fee shall be equal to the amount of the permit fee required by this
article.
(Ordinance 07-03-20, sec. 2 (E),
adopted 3/20/07)
(a)
Before
a permit to do blasting shall be issued, the applicant for such permit
shall file a certificate from an insurance company licensed to do
business in the state evidencing that the applicant has in force existing
liability insurance coverage of not less than the greater of (1) $2,000,000.00
per occurrence and $5,000,000.00 aggregate or (2) such higher amount
as the state may impose on blasting companies to cover the payment
of any damages arising from the neglect of the applicant, his agent,
or employees during the conduct of the blasting operations for which
the permit is granted. Public agencies shall be exempt from the bonding
or insurance requirements. The permittee shall be solely responsible
for any and all damages to persons and property which arise from or
are caused by the conduct of any act authorized by the permit upon
which any legal judgment results and the city shall be held harmless
from any claim for damages to persons or property.
(b)
Cancellation,
termination or suspension of the insurance or bond required by this
section results in the automatic suspension of all related permits
and blasting activities must be immediately discontinued. Permits
may be held in suspension for thirty (30) days, after which time they
are automatically cancelled and a new permit application must be approved
prior to resumption of blasting activities. A permit may be reinstated
if proof of reinstatement of the bond or insurance required by this
section is provided within thirty (30) calendar days of suspension
of the permit.
(Ordinance 07-03-20, sec. 2 (F),
adopted 3/20/07; Ordinance
2021-26 adopted 9/21/21)
The hours during which blasting may take place shall be any
time during the hours between 8:00 a.m. and 5:00 p.m., Monday through
Friday; excluding federal, state, and city holidays, unless otherwise
approved in writing by the regulatory authority.
(Ordinance 07-03-20, sec. 2 (G),
adopted 3/20/07)
(a)
Adjourning
property owners within 350 feet of the blasting site shall be notified
in writing by the site operator of site operator’s reception
of a blasting permit.
(b)
Whenever
blasting is being conducted in the vicinity of utility lines or rights-of-way,
the blaster shall notify the appropriate representatives of the utilities
at least 24 hours in advance of blasting, specifying the location
and intended time of such blasting. Verbal notices shall be confirmed
with written notice. The time limit shall not apply in an emergency
situation, if approved by the regulatory authority.
(c)
Site
operators, contractors, or permit holders shall conduct a preblast
survey on all structures within 350 feet of the blasting area. The
survey shall be conducted by a professional engineering firm qualified
to do such a survey. The survey shall be done in accordance with current
industry standards.
(Ordinance 07-03-20, sec. 2 (H),
adopted 3/20/07)
(a)
Precautions
shall be taken to prevent accidental discharge of electric detonators
from currents induced by radar and radio transmitters, lightning,
adjacent power lines, dust and snow storms, or other sources of extraneous
electricity.
(b)
Precautions
shall be taken to prevent accidental initiation of nonelectric detonators
from stray currents induced by lightning or static electricity.
(Ordinance 07-03-20, sec. 2 (I),
adopted 3/20/07)
(a)
Blasting
operations shall be conducted by approved, competent operators familiar
with the required safety precautions and hazards involved. Permit
applications will specify the credentials of the operator and will
be certified in writing by the operator.
(b)
Blasting
operations shall be performed in accordance with the instructions
of the manufacturer of the explosive materials being used.
(c)
When
blasting is done in a congested area or in close proximity to a structure,
railway or highway, or any other installation, precautions shall be
taken to minimize earth vibrations and air blast effects. Blasting
mats or other protective means shall be used to prevent fragments
from being thrown beyond the blast area.
(d)
All
blasting activities and the use and storage of explosive materials
shall comply with all applicable local, state and federal regulations
concerning industrial noise and dust levels as well as applicable
drainage, water, air and safety standards.
(Ordinance 07-03-20, sec. 2 (J),
adopted 3/20/07)
(a)
During
the time that holes are being loaded or are loaded with explosive
materials, blasting agents or detonators, only authorized persons
engaged in drilling and loading operations or otherwise authorized
to enter the site shall be allowed at the blast site. The blast site
shall be guarded or barricaded and posted. Blast site security shall
be maintained until after the post-blast inspection has been completed.
(b)
Holes
drilled for the loading of explosive charges shall be made and loaded
in accordance with National Fire Protection Association (NFPA) codes
and standards 495 (NFPA 495), and shall not be greater than three
and one-half inches (3 1/2 inches) in diameter.
(c)
After
loading for a blast is completed and before firing, excess explosive
materials shall be removed from the area and returned to the proper
storage facilities.
(d)
The
initiation of blasts shall be by means conforming to the provisions
of NFPA 495.
(e)
The
blaster shall supervise the connecting of the blastholes and the connection
of the loadline to the power source or initiation point. Connections
shall be made progressively from the blasthole back to the initiation
point. Blasting lead lines shall remain shunted (shorted) and shall
not be connected to the blasting machine or other source of current
until the blast is to be fired.
(f)
No
blast shall be fired until the blaster has made certain that all surplus
explosive materials are in a safe place and stored in compliance with
this article, all persons and equipment are at a safe distance or
under sufficient cover, and that an adequate warning signal has been
given.
(g)
Blasting
shall be done in such a manner as to minimize the fracturing of rock
beyond the required excavation. Blasting shall be accomplished only
by qualified blasting contractors holding blasting licenses or permits
from qualified agencies. Any and all damages resulting from blasting
shall be repaired by the site operator or contractor at his own expense.
(Ordinance 07-03-20, sec. 2 (K),
adopted 3/20/07)
(a)
After
the blast, the following procedures shall be observed:
(1)
No person shall return to the blast area until allowed to do so by
the blaster in charge.
(2)
The blaster shall allow sufficient time for smoke and fumes to dissipate
and for dust to settle before returning to or approaching the blast
area.
(3)
The blaster shall inspect the entire blast site for misfires before
allowing other personnel to return to the blast area.
(b)
Where
a misfire is suspected, all initiating circuits shall be traced and
a search made for unexploded charges. Where a misfire is found, the
blaster shall provide proper safeguards for excluding all personnel
from the blast area. Misfires shall be reported to the person in charge
of the blasting and handled under the direction of the person in charge
of the blasting operation.
(Ordinance 07-03-20, sec. 2 (L),
adopted 3/20/07)
The police and fire departments will be notified in writing
of the location of all storage of explosives with in the city limits.
Any storage area for explosives shall be clearly marked and identified
on the premises and a security fence must be established at a distance
of at least twenty-five (25) feet from the containers in which explosive
materials are to be stored. The security fence shall be at least eight
(8) feet in height and shall be made of chain link or other appropriate
material. A lockable eight-foot gate shall be provided for access
in and out of the security fence surrounding the storage area. The
access gate for the explosives storage area must be kept locked at
all times with an appropriate locking device or padlock. No keys to
the locking device or padlock, preventing access to the explosives
storage area, may be distributed by the site operator to any person
other than those employees or subcontractors who have been trained
and/or certified in the proper handling, storage, and use of explosive
materials. As an alternative to the fencing requirement provided in
this section, the site operator may use a solid steel storage container
that has a lockable access point and that is capable of containing
an accidental discharge or explosion of the explosive agents stored
within the container. The storage facility in which explosive materials
are stored must be located at least three hundred (300) feet from
any adjoining property line or as may be otherwise required by state
or federal law.
(Ordinance 07-03-20, sec. 2 (M),
adopted 3/20/07)
Site operators shall be required to perform monitoring of blasting
events to accumulate data with respect to the seismographic and air-blast
effects of the blasting activity as required by federal and state
law. Written records shall be maintained by the site operator and
be made available for review upon request of the regulatory agency.
Site operators shall conduct independent monitoring of blasting events
if directed, and to the extent and frequency reasonably required,
by the regulatory authority. The information generated in the form
of reports or other data from this monitoring must be made available
to the regulatory agency within seventy-two (72) hours from receipt
by the owner/operator of a written request to review such information.
The City of Horseshoe Bay Utilities Director shall honor and maintain
the confidentiality of data submitted by operators and identified
as confidential data to the extent allowed by law.
(Ordinance 2021-26 adopted 9/21/21)
(a)
For
the purpose of this article, the air overpressure and related noise
generated by the use of explosives in blasting activities shall be
measured by the airblast created thereby. Airblast shall not exceed
the maximum limits listed below at the location of any structure,
vehicle, dwelling, public building, school, church, or community or
institutional building outside the permit area, except the maximum
airblast standards do not apply at the following locations:
(1)
Structures owned by the permittee and not leased to another person.
(2)
Structures owned by the permittee and leased to another person, if
a written waiver by the lessee has been obtained.
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Lower frequency limit of measuring system, in Hz
(plus-minus 3 dB)
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Maximum level, in dB
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|---|---|
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0.1 Hz or lower–flat response *
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134 peak
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2 Hz or lower–flat response
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133 peak
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6 Hz or lower–flat response
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129 peak
|
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C-weighted–slow response *
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105 peak dBC
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* Only when approved by the regulatory authority.
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(b)
The
operator shall conduct monitoring to ensure compliance with the airblast
standards.
(c)
The
measuring systems shall have an upper-end flat-frequency response
of at least two hundred (200) Hz.
(Ordinance 07-03-20, sec. 2 (O),
adopted 3/20/07)
(a)
Flyrock
traveling in the air or along the ground shall not be cast from the
blasting site beyond the area under the control of the operator.
(b)
In
all blasting operations ground vibration shall not cause any damage
to structures or utilities, except that these vibration standards
do not apply to the following locations:
(c)
The
maximum ground vibration shall be established in accordance with the
maximum peakparticle-velocity limits of 0.5 inches per second.
(d)
The
maximum ground vibration shall not exceed the following limits at
the location of any dwelling, public building, school, church, or
community or institutional building outside the area under the control
of the operator:
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< 30 Hz 0.5 in/sec. <30 Hz 0.5 in/sec.
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>30 Hz 1.0 in/sec 31-40 Hz 1.0 in/sec.
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>40 Hz 2.0 in/sec.
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(e)
A
seismographic record shall be provided for each blast and the site
operator shall be responsible for such record and for providing proper
instrumentation as specified in this article. Personnel conducting
such monitoring shall be properly trained in the operation for the
equipment being used.
(f)
Exceptions
to these provisions may be requested in writing and must include the
calculations and criteria certified by a registered soils engineer
and or geologist.
(Ordinance 07-03-20, sec. 2 (P),
adopted 3/20/07)
The holder of a blasting permit shall make the blasting site
available to the regulatory authority for inspection at all times
during regular office hours. All records, including monitoring records
referenced above, relating to blasting activities will be made available
to the regulatory authority during normal office hours within seventy-two
(72) hours after such request is made.
(Ordinance 07-03-20, sec. 2 (Q),
adopted 3/20/07)
(a)
Enforcement.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
two thousand dollars ($2,000.00), except as may be otherwise expressly
provided by state law. Each day that a provision of this article is
violated shall constitute a separate offense. An offense under this
article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as preempting or waiving the rights of third parties from instituting
any action for remedies against site operators or permittees. Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including, but not limited
to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(Ordinance 07-03-20, sec. 3, adopted 3/20/07)
