Section 69-05.2-17-03 - Performance standards - Use of explosives - Public notice of blasting schedule1. Blasting schedule publication. Each operator shall: a. Publish the blasting schedule required by subdivision a of subsection 13 of North Dakota Century Code section 38-14.1-24 at least ten days, but not more than twenty days, before beginning a blasting program in which blasts that use more than five pounds [2.27 kilograms] of explosive or blasting agent are detonated. b. Distribute copies of the schedule by mail to local governments, public utilities, and each residence within one-half mile [0.85 kilometers] of the blasting site described in the schedule. c. Republish and redistribute the schedule every twelve months, or more frequently if necessary to meet the requirements of subsection 2. d. Republish and redistribute a revised blasting schedule at least ten days but not more than twenty days before blasting whenever the area covered by the schedule changes or the actual time periods for blasting significantly differ from the prior announcement. 2. Blasting schedule contents: a. A schedule may not be so general as to cover the entire permit area or all working hours, but identify the location of the blasting sites and the periods when blasting will occur. b. The blasting schedule must contain: (1) Identification of the specific areas in which blasting will take place. (2) Days and periods when explosives are to be detonated. (3) Methods used to control access to the blasting area. (4) Types of audible warnings and all-clear signals used before and after blasting. (5) A description of unavoidable hazardous situations referred to in section 69-05.2-17-05 approved by the commission for blasting at times other than those in the schedule. 3. Revisions to blasting notices must be submitted to the commission. 4. The commission may limit the area covered, timing, and sequence of blasting as listed in the schedule if the limitations are necessary and reasonable to protect public health and safety or welfare. N.D. Admin Code 69-05.2-17-03
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24