(a)
Blasting schedule publication.
(1) Each person who conducts surface mining
activities shall publish a blasting schedule in a newspaper of general
circulation in the locality of the proposed site, at least 10 days, but not
more than 30 days, before beginning a blasting program in which blasts that use
more than 5 pounds of explosives or blasting agents are detonated.
(2) Copies of the schedule shall be
distributed by mail to local governments and public utilities and by mail or
delivered to each resident within 1/2 mile of the blasting area. Copies sent to
residents shall be accompanied by information advising the owner or resident
how to request a preblasting survey.
(3) The person who conducts the surface
mining activities shall republish and redistribute the schedule by mail at
least every 12 months.
(b)
Blasting schedule contents.
(1) A blasting schedule may not be so general
as to cover the entire permit area or all working hours, but must identify as
accurately as possible the location of the blasting sites and the time periods
when blasting will occur.
(2) The
blasting schedule must contain at a minimum the following:
(i) Identification of the specific areas in
which blasting will take place. Each specific blasting area described must be
reasonably compact and not larger than 300 acres (121.4 hectares).
(ii) Dates and time periods when explosives
are to be detonated.
(iii) Methods
to be used to control access to the blasting area.
(iv) Types of audible warnings and all-clear
signals to be used before and after blasting.
(v) A description of possible emergency
situations that might prevent blasting at times announced in the blasting
schedule, such as rain, lightning, other atmospheric conditions or operator or
public safety which may require unscheduled detonation.
(c)
Public notice
of changes to blasting schedules.
(1) The person who conducts the surface
mining activities shall prepare a revised blasting schedule before blasting in
areas or at times not in a previous schedule.
(2) The blasting schedule shall be revised,
published and distributed in accordance with this section. Advice on requesting
a preblast survey need not be provided to those parties advised in the original
distribution under subsection (a)(2).
Notes
The
provisions of this § 87.126 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 May 8, 1998, effective 5/9/1998, 28 Pa.B. 2227; amended August 8, 2008,
effective 8/9/2008, 38 Pa.B.
4355.
The provisions of this § 87.126 amended under
section 4.2 of the Surface Mining Conservation and Reclamation Act
(52
P. S. §
1396.4b); section 11 of the
Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §
3311); and sections 1917-A and 1920-A of The
Administrative Code of 1929 (71 P. S. §§
510-17 and
510-20).
This section cited in 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); 25 Pa. Code §
87.124 (relating to use of
explosives: general requirements); and 25 Pa. Code §
90.148 (relating to
blasting).
