Section 87.126. Use of explosives: public notice of blasting schedule

(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).

The provisions of this § 87.126 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (281202) and (244095).

Notation

Authority

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).

Cross References

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).