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.
County manager.
The county manager or his or her designee.
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.”
In the county or within the county.
Within the boundaries of the county, but not within the limits of any incorporated municipality.
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
(4) 
Pay a permit fee.
(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;
(b) 
Issue the permit; or
(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)