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350.430 Explosives.
The permittee or operator shall:
(1) Provide adequate advance written notice to local governments and residents
who might be affected by the use of such explosives by publication of the
planned blasting schedule in a newspaper of general circulation in the locality
and by mailing a copy of the proposed blasting schedule to every resident
living within one-half (1/2) mile of the proposed blasting site and by providing
daily notice to resident/occupiers in the areas prior to any blasting;
(2) Maintain for a period of at least three (3) years and make available for public
inspection upon request a log detailing the location of the blasts, the pattern
and depth of the drill holes, the amount of explosives used per hole, and the
order and length of delay in the blasts;
(3) Limit the type of explosives and detonating equipment, the size, the timing and
frequency of blasts based upon the physical conditions of the site so as to
prevent injury to persons, damage to public and private property outside the
permit area, adverse impacts on any underground mine, and change in the
course, channel, or availability of ground or surface water outside the permit
area;
(4) Require that all blasting operations be conducted by trained and competent
persons as certified by the Department for Natural Resources; and
(5) Provide that upon the request of a resident or owner of a man-made dwelling
or structure within one-half (1/2) mile of any portion of the permitted area the
applicant or permittee shall conduct a preblasting survey of the structures and
submit the survey to the cabinet and a copy to the resident or owner making
the request. The area of the survey shall be decided by the cabinet and shall
include such provisions as the cabinet shall promulgate.
(6) Penalties for violations of this section are those set forth in KRS 350.990.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 123, sec. 55, effective June 20, 2005. -Amended 1992 Ky. Acts ch. 429, sec. 29, effective July 14, 1992. -- Created
1978 Ky. Acts ch. 330, sec. 7, effective May 3, 1978.
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