[HISTORY: Adopted by the Board of Supervisors of the Township of
Skippack 12-14-1994 by Ord. No. 186. Amendments
noted where applicable.]
The following regulations, latest editions, as a minimum, must be strictly
adhered to concerning blasting:
B.
National Fire Protection Association (NFPA). NFPA 495:
code for the manufacture, transportation, storage and use of explosive materials.
C.
Department of Environmental Protection (PADEP). Title
25, Chapter 211: Storage, Handling and use of Explosives.
D.
Federal regulations: RI - 8507, United States Bureau
of Mines Criteria and Guidelines.
All necessary approvals and/or permits shall be obtained from Skippack
Township; and also any state, federal or other permits or approvals that may
be required of agencies having jurisdiction thereof. Enclosed is a copy of
the township permit application that will be required for the blasting work
entitled "Fire Prevention, Application - Permit" to be completed. This is
the permit that is required by the Township Building Department and the Township
Fire Marshal. Enclosed along with this form are two pages of instructions
entitled "Instructions to Applicants for Blasting Permits" and "When Permit
is Issued." These guidelines are provided by Skippack Township and are to
be used in the submission of the blasting permit as well as pertinent information
after the permit has been issued.[1]
[1]
Editor's Note: Said documents are on file in the township offices.
The applicant shall provide a copy of a State of Pennsylvania Blaster's
Licenses for each individual to be on the site and involved with the blasting
activity to the township and the Township Sewer Authority for the permanent
files and records. The applicant shall also furnish the name of the blasting
contractor and/or subcontractor.
The township shall require either a bond or certificate of insurance
naming the Township of Skippack and the Skippack Township Sewer Authority
as additional insured in the minimum amount of $ 2,000,000 showing this coverage
amount for explosion, collapse and underground (XCU) hazard.
A preblast survey shall be performed by the blasting contractor or subcontractor
of all structures within 500 feet of any blasting activity (inside or outside
of Skippack Township) that is associated with any project located within Skippack
Township. In addition, all residential wells within the five-hundred-foot
area shall be checked for well water turbidity and bacterial contamination.
(Residents shall make wells reasonably available for the purpose of checking).
Additionally, the blasting contractor or subcontractor is required to
comply with the following requirements:
A.
The applicant (blasting contractor or subcontractor)
shall notify the township and the Township Sewer Authority at least five working
days prior to the date of the blasting activity. The applicant shall notify
the township as to the day, time, specific location and duration of the blasting
activity. This notification shall be accomplished prior the commencement of
the preblast survey.
B.
All property owners within 500 feet of the proposed blasting
site (inside or outside of Skippack Township) shall be notified, in writing,
by the applicant (blasting contractor or subcontractor) of the blasting commencement
and of the time, day and specific location of the intended blasting activity.
This shall be accomplished at the time of requesting the necessary township
permits, being at least five days prior to the subject event and prior to
the preblast survey. The required notices shall inform the property owners,
the township and the Township Sewer Authority as to the day, time, specific
location and duration of the blasting activity.
The blasting contractor or subcontractor shall adhere to a blasting
protocol that is established by Skippack 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 PADEP to the Township
Building Inspector and Fire Marshal.
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 one day in advance of
such activity.
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 interface with affected township
residents to provide additional information with regard to blasting activity
upon request. Township officials shall also be kept in the loop for informational
purposes.
F.
The movement of any and all explosives on the roads within
the boundaries of Skippack 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 Skippack 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 Skippack Township.
The issuance of this 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 or blasting subcontractor. The blasting
permit issued by Skippack 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 $600, 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.
