This chapter may be cited as the “Blasting Protection
Chapter” and cited herein as “this chapter.”
(Ordinance 1977-04 adopted 6/9/77)
The board finds that the regulation of blasting within the county
will provide for the safety, preserve the health and improve the order,
comfort and convenience of the inhabitants of the county. The purpose
of this chapter is to provide for the safety, preserve the health,
improve the order, comfort and convenience of the inhabitants of the
county by protecting property within the county and citizens of the
county from noise, vibration and other impact of blasting and other
damage or injury resulting from blasting.
(Ordinance 1977-04 adopted 6/9/77)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Blasting.
The setting off or detonation of any explosive material.
Board.
The Board of County Commissioners of Santa Fe County, New
Mexico.
County.
The County of Santa Fe, New Mexico.
Explosive material.
Any material containing dynamite, ammonium nitrate, trinitrotoluene
(TNT), nitroglycerin, tetrytol, nitrostarch, composition C-3 or composition
C-4, but does not include “fireworks.”
Person.
Any individual, corporation, partnership, unincorporated
association or other entity.
Property.
Any parcel of land and the improvements thereon within the
county, including both publicly and privately owned property.
(Ordinance 1977-04 adopted 6/9/77)
No person shall do any blasting within the county without having
first applied for and obtained a blasting permit. No person having
a county blasting permit shall blast in any manner which does not
comply with the provisions of the permit.
(Ordinance 1977-04 adopted 6/9/77 Penalty, see section 97.99)
(A) Any
person desiring to do blasting in the county shall:
(1) Apply
for a blasting permit to the county manager on a form prescribed by
the county manager;
(2) Submit
proof of financial responsibility to the county manager;
(3) Execute
an agreement to indemnify and defend the county from any demand, claim,
loss or liability and expenses incurred in connection with any demand,
claim, loss or liability arising out of the blasting and other work
covered by the blasting permit; and
(B) The
application shall set forth:
(1) The
location, purpose, extent and duration of the proposed blasting;
(2) The
explosive materials to be used;
(3) The
name and address of the person actually to carry out the blasting;
(4) His
or her technical qualifications and experience in blasting;
(5) The
proposed date and time of the blasting;
(6) The
name and address of the person for whom the blasting is being done;
and
(7) A
plan for carrying out the blasting in a manner that will reduce to
a minimum the noise, vibration and other impact of the proposed blasting
upon nearby property or its inhabitants or both and prevent any damage
or injury thereto. The county may prepare model blasting plans to
assist applicants in applying for a permit involving ordinary blasting
for routine construction purposes and may pay for technical advice
in reviewing any application.
(C) Proof
of financial responsibility shall be in a form approved by the county
manager and may include without limitation insurance, bond or cash
deposit with the county. Proof of financial responsibility shall be
in an amount deemed to be reasonable by the county manager to demonstrate
that the applicant is financially capable of paying any claim, loss
or judgment against the applicant or the county arising out of the
blasting and other work covered by the blasting permit.
(D) The
permit fee shall be an amount determined by the county manager to
cover the costs to the county of processing and reviewing the application,
including without limitation the cost of technical advice obtained
in connection with reviewing the application.
(Ordinance 1977-04 adopted 6/9/77)
(A) Upon the applicant’s compliance with the requirements of section
97.05, the county manager shall have 15 days in which to process, review and act upon the application.
(B)
(1) If
the applicant reasonably appears to the county manager to be qualified
and otherwise competent to carry out the proposed blasting in accordance
with the plan described in the application, the plan reasonably appears
to the county manager to be designed to reduce to a minimum the noise,
vibration and other impact of the proposed blasting upon nearby property
or its inhabitants or both and to prevent any damage or injury thereto
and the applicant has complied with all of the provisions of this
chapter, the county manager shall grant the permit within the 15-day
period.
(2) The
permit shall specify the location, extent and duration of the blasting.
(C)
(1) The
county manager may refuse to issue a permit if the county manager
determines, after reviewing the application and conducting any investigation
which the county manager deems appropriate, that the blasting would
not meet the requirements for the issuance of a permit set forth in
subsection (B) above; provided, however, that no permit shall be refused
without first giving the person applying therefor notice and an opportunity
to be heard by the board.
(2) Upon
hearing before the board, the board may, upon the vote of a majority
of the members of the board:
(a) Affirm the decision of the county manager;
(c) Issue the permit with conditions and amendments to the plan as the
board deems to be in the public interest.
(3) Notices
given under this section shall be in writing, shall set forth the
time and place of the hearing and shall be served upon the applicant,
the permittee or any other person in charge of the blasting. If service
is made by personally delivering the notice, service shall be made
at least 24 hours prior to the hearing. Service may be accomplished
by mailing the notice to the applicant, permittee or person at the
address thereof shown in the application. Notice which is mailed shall
be considered served at the time of mailing, but the service shall
be made at least five days prior to the hearing.
(D) Any
permit issued may be revoked upon a finding by the board, after notice
and an opportunity to be heard before the board, that any regulation,
requirement or provision of the permit or this chapter has been violated.
(E) If the
county neither grants nor denies the permit within the 15-day period
provided in this section, the permit and proposed plan shall be deemed
to have been granted.
(Ordinance 1977-04 adopted 6/9/77)
(A) Except
as hereinafter specifically provided, no blasting permit shall be
effective for more than 30 days following the date of its issuance.
(B) The
county may specify a longer effective period for a permit for mining
or other industrial blasting of a continuing and repetitive nature
at a designated location.
(Ordinance 1977-04 adopted 6/9/77)
Any person found by any court of competent jurisdiction in the
county to be in violation of any regulation, requirement or other
provision of this chapter shall be subject to a fine of not more than
$300.00 or imprisonment for not more than 90 days, or both. Each act
of blasting done in violation of this chapter shall be a separate
violation.
(Ordinance 1977-04 adopted 6/9/77)