(a) At least 30 days before initiation of
blasting, the operator shall notify, in writing, residents or owners of
dwellings or other structures located within 1/2 mile of the permit area where
blasting will occur of the right to a preblasting survey, the right to receive
a copy of the preblasting survey and how to request a preblasting survey. On
the request to the Department or operator by a resident or owner of a dwelling
or structure that is located within 1/2 mile of any part of the permit area
where blasting will occur, the persons who conduct the surface mining
activities shall promptly conduct a preblasting survey of the dwelling or
structure. If a dwelling or structure is renovated or added to subsequent to a
preblasting survey, then, upon request by the resident or owner to the
Department or operator, a survey of the additions and renovations shall be
performed by the operator under this section. The operator shall provide the
Department with a copy of the request.
(b) The survey shall determine the condition
of the dwelling or structure and document any preblasting damage and other
physical factors that could reasonably be affected by the blasting. Assessments
of structures such as pipes, cables, transmission lines, and wells and other
water systems shall be limited to surface condition and readily available data.
Preblasting conditions of wells and other water systems used for human, animal
or agricultural purposes shall be ascertained to the extent possible regarding
the quantity and quality of the water.
(c) A written report of the survey shall be
prepared and signed by the person who conducted the survey. The report may
include recommendations of any special conditions or proposed adjustments to
the blasting procedure which should be incorporated into the blasting plan to
prevent damage. Copies of the report shall be promptly provided to the person
requesting the survey and to the Department. If the person requesting the
survey disagrees with the results of the survey, the person may notify, in
writing, both the permittee and the Department of the specific areas of
disagreement.
(d) A preblasting
survey requested more than 10 days before planned initiation of blasting shall
be completed by the operator before the initiation of
blasting.
Notes
The
provisions of this § 87.125 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended December 15,
1995, effective 12/16/1995, 25
Pa.B. 5821.
The provisions of this § 87.125 amended under
the Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19a); The Clean Streams
Law (35 P. S. §§
691.1-691.1001); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §
510-20).
This section cited in 25 Pa. Code §
86.81 (relating to program
services); 25 Pa. Code §
87.64 (relating to blasting plan);
25 Pa. Code §
87.76 (relating to surface mining
near underground mining); 25 Pa. Code §
87.127 (relating to use of
explosives: surface blasting requirements); 25 Pa. Code §
90.43 (relating to blasting plan);
25 Pa. Code §
90.92 (relating to signs and
markers); and 25 Pa. Code §
90.148 (relating to
blasting).
