Section 87.125. Use of explosives: preblasting survey

(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.

The provisions of this § 87.125 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198978) to (198979).

Notation

Authority

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).

Cross References

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).