There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 351 DEPARTMENT FOR NATURAL RESOURCES
351.330 Requirements governing blasting operations.
Download pdfbuilding, pipeline, or utility shall be done in accordance with the provisions of this
section, and rules and regulations promulgated by the department. (2) Where necessary in a blasting operation, the department may require that the operator submit a blasting plan to the department for approval. (3) In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of the ground motion in any direction shall not exceed two (2)
inches per second at the immediate location of any dwelling house, public building,
school, church, commercial or institutional building, and the particle velocity at
such location immediately after a period of one (1) second following the peak
particle velocity produced by any charge shall not continuously exceed one-half
(1/2) inch per second. (4) Blasting operations without instrumentation will be considered as being within the limits set forth in this subsection if such blasting operations are conducted in
accordance with rules and regulations of the department establishing the maximum
amount of explosives to be used in a single charge and in a single subcharge within
specified distances from any location provided by subsection (1) of this section. No
more than 40,000 pounds of explosives may be used in any charge except with the
approval of the commissioner. Regulations promulgated by the department pursuant
to this subsection shall be in such terms that compliance therewith will assure
compliance with the provisions of subsection (3) of this section. (5) No two (2) consecutive subcharges containing the maximum permitted by the department pursuant to this subsection shall have a detonation time separated by
less than eight (8) milliseconds, except that if the amount of explosive used in any
subcharge is less than maximum permitted by the department pursuant to subsection
(4) of this section, the time delay between detonation times may be decreased in the
same ratio. (6) Any blasting operation may be conducted without reference to any maximum amount or period provided by or pursuant to subsection (4) of this section if the
operator of such blasting operation demonstrates by instrumentation that maximum
particle velocity of the ground motion in any direction does not exceed the limits
provided in subsection (3) of this section. (7) Instruments for determining particle velocity as set forth in this subsection shall be limited to such specific types of devices as shall have been expressly approved by
the department and the commissioner or his duly authorized agent may enter upon
any premises for the purpose of conducting or supervising any necessary
instrumentations provided by KRS 351.315 to 351.375. (8) When blasting operations are contemplated which would result in ground vibrations that would have a particle velocity in any direction in excess of two (2) inches per
second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building, blasting operations may proceed after
receiving written consent from the property owner or owners affected. (9) When blasting operations, other than those conducted at a fixed site as a part of any industry or business operated at such site, are to be conducted within the vicinity of
a pipeline or public utility, the blaster or person in charge of the blasting operations
shall take due precautionary measures for the protection of the pipeline or utility,
and shall give adequate notice to the owner or his agent that such blasting
operations are intended. The blaster shall be subject to regulations promulgated by
the department concerning such a blasting operation. (10) Blasting operations near streams shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any stream without first
obtaining a permit from the department which has been approved by the Division of
Water in the Energy and Environment Cabinet. (11) Blasting operations shall not be conducted within eight hundred (800) feet of any public highway, unless due precautionary measures are taken to safeguard the
public. (12) Mudcapping in blasting operations shall be permitted only where it would endanger the safety of the workers to drill the rock or material to be blasted. If mudcapping is
necessary, no more than ten (10) pounds of explosives shall be used for each charge. (13) When the use of detonating cord would cause severe air blast the department may cause all trunk lines to be covered by five (5) to six (6) inches of loose earth. (14) In blasting operations, flying rocks shall not be allowed to fall greater than one-half (1/2) the distance between the blast and a dwelling house, public building, school,
church, or commercial or institutional building. Protective material shall be used to
insure this limit. (15) When a blast is about to be fired, ample warning shall be given to allow all persons to retreat to a safe place, and care shall be taken to ascertain that all persons are in
the clear. Each operator shall follow a definite plan of warning signals that can be
clearly seen or heard by anyone in the blasting area. The operator shall inform all
employees at the operation as to the established procedure. (16) No person shall use explosives in such manner that safety to persons or property is threatened. (17) The two (2)-inch-per-second maximum peak particle velocity as specified in subsections (3) and (8) of this section shall be construed as the threshold below
which blasting damage is unlikely to occur. However, the department shall have the
authority to promulgate regulations requiring more restrictive levels of maximum
peak particle velocity when necessary to maintain consistency with federal statutes
or regulations. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1902, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 337, sec. 1, effective June 17, 1978. -- Amended 1976
Ky. Acts ch. 143, sec. 4. -- Created 1972 Ky. Acts ch. 280, sec. 3.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.