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351.330 Requirements governing blasting operations.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Blasting of explosives for use in the neighborhood of any public highway,
stream of water, dwelling house, public building, school, church, commercial or
institutional building, pipeline, or utility shall be done in accordance with the
provisions of this section, and rules and regulations promulgated by the
department.
Where necessary in a blasting operation, the department may require that the
operator submit a blasting plan to the department for approval.
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.
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.
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.
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.
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.
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
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
owner or owners affected.
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.
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.
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.
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.
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.
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.
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.
No person shall use explosives in such manner that safety to persons or
property is threatened.
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.
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