Md. Code Regs. 26.21.01.23

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.23 - Blasting Procedures; Restrictions

A. The permittee may conduct blasting from 7 a.m. to 10 p.m. local time, except that the Department may impose a more restrictive time period if required by the local government pursuant to a local ordinance.

B. The permittee shall use sufficient stemming or natural cover to prevent flyrock from leaving the permit site.

C. If a permittee proposes to perform any blasting within 1,000 feet of any occupied dwelling, the operator shall notify any occupant and owner in the following manner:

(1) The permittee shall publish a blasting schedule in a newspaper of general circulation in the locality of the blasting site and distribute a copy to each resident and owner of any occupied dwelling or structure at least 30 days, but not more than 45 days, before beginning a blasting program;

(2) The copies of the schedule shall be sent by regular mail or hand delivered and record of notification and certification of publication shall be retained with the blasting records as required by §F of this regulation;

(3) The permittee shall republish and redistribute the schedule by regular mail or hand delivery whenever there is a change in the criteria specified by §C(5) of this regulation and at least every 12 months;

(4) A blasting schedule may not be so general as to cover the entire permit area or all working hours but shall identify as accurately as practicable the location of the blasting sites and the time periods when blasting will occur;

(5) The blasting schedule shall contain at a minimum:

(a) Name, address, and telephone number of permittee,

(b) Identification of those specific areas which are not larger than 125 acres each in which blasting will take place,

(c) Dates and time periods when explosives are to be detonated, expressed in not more than 5-hour segments, not to exceed an aggregate of 10 hours in any one day,

(d) Methods to be used to control access to the blasting area,

(e) A description of the audible warnings and all-clear signals to be used before and after blasting;

(6) If blasting cannot be conducted in accordance with the published schedule because of weather or other circumstances, the permittee shall notify the Department of the reason and the date and time of blast at least 1 hour before detonation.

D. A permittee filing application for a new surface mining operation, or an expansion of the permit area of a surface mining operation permitted before the enactment of these regulations, may not conduct any blasting within the following areas except with the approval of the Department set forth in §E of this regulation;

(1) 1,000 feet of any school, church, hospital, nursing facility, or dwelling;

(2) 100 feet of any public road or property line;

(3) 500 feet of facilities, such as disposal wells, petroleum or gas storage facilities, public water well or water storage facilities, fluid transmission lines, or sewer lines.

E. The Department may grant written permission to a permittee, who is subject to the requirement of §D of this regulation, to conduct blasting in the areas set forth in §D based upon the following:

(1) The applicant obtains permission to enter appropriate nearby properties and conducts a pre-blast survey, or the applicant documents an offer and the unsuccessful attempts to conduct a pre-blast survey; or

(2) The applicant obtains written consent of the owners of all buildings, dwellings, or structures situated within those areas.

F. If the Department grants approval the permittee shall notify the owners of properties listed in §D of this regulation in writing with a copy to the Department of the date and place of the blasting. The Department shall keep the written request and approval for a period of 4 years from the date of the blast.

G. A permittee may not detonate any explosive that is likely to cause the banks of any stream or other waterway (surface or underground), not otherwise intended to be affected by mining, to rupture causing pollution of waters of the State or alterations to the direction or volume of flow.

H. A permittee may not detonate any explosives within 500 feet of an underground mine except with the concurrence of the Mine Safety and Health Administration of the United States Department of Labor.

Md. Code Regs. 26.21.01.23

Regulation .23C, E amended effective May 14, 1990 (17:9 Md. R. 1088)