W. Va. Code R. § 38-3-6

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 38-3-6 - Blasting

6.1. Requirements. -- Each operator shall comply with all applicable state and federal laws relating to the transportation, storage, and use of explosives. The operator shall be responsible for all blasting operations including the transportation, storage and use of explosives within the permit area in accordance with the blasting plan.

6.2. Blasting Plan. -- Each application for a permit, where blasting is anticipated, shall include a blasting plan. The blasting plan shall explain how the applicant shall comply with the blasting requirements of W. Va. Code §22-4, this rule, and the terms and conditions of the permit. This plan shall include, at a minimum, information setting forth the limitations the operator shall meet with regard to ground vibration and airblast, the basis for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.

6.3. Written Notification. -- At least thirty (30) days prior to blasting operations, written notification of blasting operations which detonate five (5) pounds or more of explosives at any given time, shall be delivered in person or by certified mail to each residence, and owners of protected structures, adjacent to any part of the proposed operation. A written receipt of delivery or the United States Postal Service certified receipt of notification shall be maintained with the blasting log. The notification shall contain at a minimum:

6.3.a. Name, address, telephone number, and an emergency contact phone number of the operator;

6.3.b. Identification of the specific areas in which blasting shall take place;

6.3.c. A general schedule when explosives are to be detonated; and

6.3.d. Types and patterns of audible warning, and all clear signals to be used before and after blasting.

6.4. Blast Record.

6.4.a. A blasting log book formatted in a manner prescribed by the Secretary shall be kept current daily and made available at the permit site for inspection by the Secretary, or upon written request, by the public.

6.4.b. The blasting log shall, in addition to the information required in W. Va. Code § 22-4-13(a)(5), contain the following information:

6.4.b.1. Name of permittee, operator, or other person conducting the blast;

6.4.b.2. Location of blast;

6.4.b.3. Name and certification number of blaster-in-charge;

6.4.b.4. Identification of nearest protected structure not owned or leased by the operator and direction and distance, in feet, to such structure;

6.4.b.5. Type of material blasted;

6.4.b.6. Burden and spacing;

6.4.b.7. Diameter and depth of holes;

6.4.b.8. Types of explosives used;

6.4.b.9. Weight of explosives used per hole;

6.4.b.10. Total weight of explosives used;

6.4.b.11. Maximum weight of explosives detonated within any eight (8) millisecond period;

6.4.b.12. Method of firing and type of circuit;

6.4.b.13. Type and length of stemming;

6.4.b.14. If mats or other protections were used;

6.4.b.15. Type of delay detonator used and delay periods used;

6.4.b.16. If a seismograph is used, Seismograph records and air blast records shall include but not be limited to:

6.4.b.16.A. Seismograph and air blast reading, including location, date, and time of reading and its distance from the blast;

6.4.b.16.B. Name of person and firm taking the readings;

6.4.b.16.C. Name of person and firm analyzing the record, where analysis is necessary; and

6.4.b.16.D. Type of instrument, serial number, sensitivity and calibration signal, and certification of annual calibration;

6.4.b.17. Sketch of delay pattern to include the entire blast pattern and all decks; and

6.4.b.18. Reasons and conditions for unscheduled blasts.

6.5. Blasting Procedures.

6.5.a. All blasting shall be conducted during daytime hours, between sunrise and sunset; provided, that the Secretary may specify more restrictive time periods based on public requests or other consideration, including the proximity to residential areas. No blasting shall be conducted on Sunday. Provided, however, the Secretary may grant approval of a request for Sunday blasting if the operator demonstrates to the satisfaction of the Secretary that the blasting is necessary and there has been an opportunity for a public hearing. Blasting shall not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning or other atmospheric conditions, or operator or public safety requires unscheduled detonations. Blasting shall be conducted in such a way so as to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course channel, or availability of surface or groundwater outside the permit area.

6.5.b. Safety Precautions.

6.5.b.1. Three (3) minutes prior to blasting, a warning signal audible to a range of one-half (1/2) mile from the blast site shall be given. This preblast warning shall consist of three (3) short warning signals of five (5) seconds duration with five (5) seconds between each signal. One (1) long warning signal of twenty (20) seconds duration shall be the "all clear" signal. Each person in the permit area, and each person who resides or regularly works within one-half (1/2) mile of the permit area, shall be notified of the meaning of these signals. The requirement of this paragraph may be waived by the Secretary if adequate alternative warning and safety precautions can be substituted and are made a condition of the approved blasting plan;

6.5.b.2. All approaches to the blast area shall be protected against unauthorized entry prior to and immediately after blasting;

6.5.b.3. All charged holes shall be guarded and posted against unauthorized entry. No charged holes may be left unattended until fired; and

6.5.b.4. Flyrock, including blasted material, shall not be cast from the blasting site more than half way to the nearest protected structure and in no case beyond the bounds of the permit area.

6.5.c. Based upon the physical conditions at the site and when necessary to prevent injury to persons or damage to property, the Secretary may require the operator to monitor air blast levels using an instrument with an upper-end, flat-frequency response of at least 200 Hz.

6.5.d. Blasting Signs. -- If blasting is necessary to conduct quarrying operations, the following signs and markers shall be required:

6.5.d.1. Warning signs shall be conspicuously displayed at all approaches to the blasting site, along haulageways and access roads to the mining operation, and at all entrances to the permit area. The sign shall at a minimum be two feet by three feet (2' x 3') reading "WARNING! Blasting Area" and explaining the blasting warning and the all clear signals; and

6.5.d.2. Where blasting operations shall be conducted within five hundred feet (500') of the outside right-of-way of a public road, signs reading "Blasting Area", shall be conspicuously placed along the perimeter of the blasting area.

6.5.e. The Secretary may require a seismograph recording of any or all blasts based on the physical conditions of the site in order to prevent injury to persons or damage to property. At no time can the maximum ground vibration or airblast exceed the limits established in W. Va. Code § 22-4-13(a) (1), and 13(a)(2).

6.5.f. Based upon the physical conditions at the site and when necessary to prevent injury to persons or damage to property, the Secretary may require the permittee to revise the blasting plan and resubmit it for review and approval.

6.5.g. The maximum airblast and ground-vibration limits as provided in W. Va. Code § 22-4-13(a)(1) and 13(a)(2) shall not apply at the following locations:

6.5.g.1. At structures owned by the permittee and not leased to another person; and

6.5.g.2. At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the Secretary before blasting.

6.5.g.3. At structures owned by a person other than the permittee if a written waiver is submitted to the Secretary before blasting.

6.5.h. Regardless of whether the permittee chooses to use the scaled distance formula or to seismically monitor each blast, at no time, at any protected structure, may the peak particle velocity exceed the limits established for ground vibration or may the decibel level exceed that established in the approved blasting plan.

6.5.i. No blasting within five hundred feet (500') of an underground mine not totally abandoned shall be permitted except with the concurrence of the Secretary, and the Mine Safety and Health Administration (MSHA). The permittee shall notify the operator of the underground mine of the proposal to blast and, if requested, shall provide a copy of the blasting plan. The Secretary may prohibit blasting on specific areas where it is deemed necessary for the protection of public or private property, or the general welfare and safety of the public.

6.6. Preblast Survey.

6.6.a. The Secretary shall review each pre-blast survey as to form and completeness only, and shall notify the operator of any deficiencies within fifteen (15) days.

6.6.b. Requirements for a preblast survey shall include the following:

6.6.b.1. Surveys shall be conducted and accepted as complete by the Secretary before the planned initiation of blasting operations;

6.6.b.2. If a structure within the requisite area is added to or renovated subsequent to a preblast survey, a survey of such additions and/or renovation shall be performed upon written request of the resident or owner, and such survey must be performed within thirty (30) days of notification of the request;

6.6.b.3. Copies of the report shall be provided to the person requesting the survey and to the Secretary;

6.6.b.4. Photographs and Videos used in the survey shall be of sufficient resolution to accurately depict the site conditions; and

6.6.b.5. Any person who receives a survey and who disagrees with the results of the survey, may submit a detailed description of the specific areas of disagreement.

6.7. Blasting Prohibited. -- The Secretary or his authorized agent may prohibit blasting in specific areas of the permit where it is determined necessary for the general safety of the area.

6.8. Certified Blasting Personnel. -- Each person responsible for blasting operations shall be approved by the Secretary and be familiar with the blasting plan and blasting-related-performance standards for the operation at which they are working. All persons responsible for blasting shall have a certification issued and maintained pursuant to 38 CSR 2-25.3 (formerly 199 CSR 1-4). The person responsible for the blasting operations at surface mine quarry operations shall be current in their Blaster's Certification and must have it in their possession while conducting blasting activities. The Certified Blaster shall be a qualified person in charge of and responsible for the design, loading and firing of the blast.

6.9. Assessment. -- Any assessment as set forth in W. Va. Code § 22-4-13 or § 22-4-24 shall be assessed by the Department of Environmental Protection (DEP) designated assessment officer.

W. Va. Code R. § 38-3-6