Blasting Ordinance

Page 1of 10
THE TOWN OF SPRINGFIELD, JACKSON COUNTY, WISCONSIN
RESOLUTION 2015 -003 TO CREATE
CHAPTER 8, SPRINGFIELD CODE OF ORDINANCE
TO BE TITLED: BLASTING ORDINANCE
8.1 Title
This ordinance shall be cited as the “Town of Springfield Blasting
Ordinance” and hereinafter referred to as “this ordinance”.
8.2 Authority
This ordinance is adopted to protect the public health, safety and welfare of residents
of the Town of Springfield. This ordinance is authorized by the powers granted to
the Town of Springfield by the Town’s adoption of Village powers under sec.
60.10, Wis. Stats., and is in accord with sec. 61.34, Wis. Stats., and Wis. Admin.
Code Comm. 7.
8.3 Purpose and Intent
The purpose of this ordinance is to regulate the use of explosives in non-metallic
mining operations, in the erection or placement of structures greater than 15 feet
high above the ground surface and in demolition of structures that require a level 3
license or higher.
This ordinance is intended to limit the adverse effects of blasting on persons or
property outside any controlled blasting site area.
8.3.1 Definitions
When used in this ordinance, the terms below shall be defined and limited as follows:
1. Affected building or structure. A building or structure within a distance
extending 2080 feet from the outer perimeter of a controlled blasting site area.
2. Airblast. An airborne shockwave resulting from the detonation of explosives.
3. Blast area. The area of the blast as determined by the blaster in charge within
the influence of flying rock missiles, the emission of gases, and concussion as
determined by the blaster in charge.
4. Blast site. The area where explosive materials are handled during the loading
of blast holes, including 50 feet in all directions from the perimeter formed by the
loaded blast holes. A minimum of 30 feet may replace the 50 foot requirement, if the
perimeter of loaded blast holes is marked and separated from the non-blast area
outside of the site by a protective barrier. The 50 feet or 30 foot distance
requirements apply in all directions along the full depth of the blast hole.
5. Blaster. Any individual holding a valid blaster’s license issued by the
State of Wisconsin.
6. Blaster in charge. The qualified person in charge of and responsible for
loading and firing the blast.
7. Blasting. The use of explosives to loosen, penetrate, move or shatter
masses of solid materials.
Page 2of 10
8. Blasting resultants. Effects caused by blasting including, but not limited
to, projectile matter, vibrations and concussion that cause injury, damage or
unreasonable annoyance to persons or property located outside the controlled
blasting site area.
9. Controlled blasting site area. An area that surrounds a blast site from which
the operator has a legal right and duty to take all reasonable means to assure the safety
of persons and property, either because the operator owns the area, or because the
operator has leased or has some special agreement with the owner of that area.
10. Flyrock. Rock or karst that is propelled through the air from a blast.
11. Ground vibration. A shaking of the ground caused by the elastic wave
emanating from a blast.
12. Karst. An area or surficial geological features subject to bedrock dissolution so
that it is likely to provide a conduit to groundwater, and may include areas with soils
less than 60 inches thick over bedrock, caves, enlarged fractures, mine features, exposed
bedrock surfaces, sinkholes, springs, seeps, swallets, and depressions with no surface
drainage.
13. Particle velocity. A measure of ground vibration describing the velocity that a
particle of ground vibrates when excited by a seismic wave.
8.4 Applicability
1. This ordinance shall apply:
a. To any person who blasts in the Town of Springfield in order to establish a
footing, foundation, or other method of support for the construction, placement
or erection of structures greater than 15 feet high above the ground surface
b. To any person who conducts blasting in the Town of Springfield as part
of a non-metallic mining operation.
c. To any person who blasts in the Town of Springfield in order to demolish
buildings or other structures when these require a level 3 license or higher.
2. Applications for a permit to blast shall only be submitted by and issued to an
individual who holds a valid blaster’s license issued by the State of Wisconsin with
the proper classification or who is supervised by a licensed blaster.
3. Applications for a permit to blast may be submitted by and issued to a blasting
business, provided that the individual operating under the permit holds a valid
blaster’s license issued by the State of Wisconsin with the proper classification or is
supervised by a licensed blaster.
4. No blasting permit shall be issued to any person, unless the operation which
Page 3of 10
blasting supports has all necessary state, county and town permits and is in
compliance with all Town, County and State regulations, including but not limited
to, the requirements this chapter.
8.5 The Application
1. An applicant shall obtain an application form for a blasting permit from the Town
Clerk. The applicant shall submit the completed application form together with all
additional documentation to the Town Clerk.
2. The application shall include the following information on the form itself or on
documents attached to the form:
a. Name, license number, address, land and cell phone numbers, and email
address of the applicant.
b. Name address, license number, land and cell phone numbers, and email
address of the blaster in charge of the blast, if other than the applicant.
c. Name address, land and cell phone numbers, and email address of the
person in charge of the operation that blasting will be used to support.
d. A map showing the location of the blasting site and a brief description of the
operation at the site. Include on this map the location of all buildings located
within 2080 feet of the controlled blasting site, attaching the names,
addresses and land phone numbers of owners of those buildings.
e. Copies of all County and State permits that have been granted to the
operator for whose operation blasting is giving support.
f. Proof of Financial insurance
g. A Pre-blasting site inspection report.
h. Copies of preblast report
3. An application shall be regarded as “complete” only when the information
requested in section 8.06(2)a-h of this ordinance has been provided to the Town
Clerk on the form or on attachments to the form.
8.6 Pre-blasting Surveys
1. Pre-blasting surveys shall be conducted to determine the condition of all buildings or
structures within 2080 feet of the blast site(s) and the quality of water in all wells in
that area shall be tested prior to the onset of blasting. The pre-blasting surveys shall
be completed at the applicant’s expense. Each survey shall provide the name and
address and telephone number (if known) of the resident or owner of said buildings,
structures and/or wells, and shall document any pre-blasting presence or absence of
damage or other physical factors that could reasonably be expected to be affected by
the use of explosives. The testing of wells shall determine whether the water is safe
for human consumption according to established drinking water quality standards,
including standards applicable to children of all ages and pregnant women. If the
blasting for which a permit application is being made is part of an operation that has
been already permitted and that tested the wells within a time frame acceptable to the
Town of Springfield, information regarding those tests can be submitted instead of
testing the wells again.
Page 4of 10
2. If any new building or structure is added or a new well drilled subsequent to the
effective date of the permit, the owner may request a survey to be done of that
building or well and the permittee shall conduct that survey, at the permittee’s
expense. In addition, if a building or structure is improved and the cost of the
improvement exceeds 50% of its fair market value prior to the improvement, the
owner of that building or structure may request that a pre-blasting survey be
completed, at the permittee’s expense.
3. Prior to obtaining a blasting permit, the applicant shall notify, in writing, all residents
or owners of buildings or other structures (including, but not limited to, wells)
located within 2080 feet from the blasting site that the applicant intends to apply for
a blasting permit from the Town of Springfield and will be completing a preblasting
survey as part of the application and review process. The written
notification shall include a statement indicating that the survey provides a baseline
record of the pre-existing condition of building or a structure against which the
effects of blasting can be assessed and it should include both the interior and
exterior of the buildings. It shall also indicate that no survey will be done unless the
resident or owner makes a written request for a pre-blast survey and a water quality
test for existing wells. The resident or owner shall make this request in writing to the
applicant. The applicant shall conduct a pre-blast survey only of requested dwellings
or structures and conduct water quality testing for existing wells.
4. If the resident or owner requests a copy of the survey, then, within 48 hours of the
request, the blaster shall provide the copy.
5. In cases where a blasting permit is renewed because it is part of a permitted
continuing operation that lasts over a number of years, the applicant shall not be
required to conduct a pre-blast survey of any dwelling or structure, or conduct a well
water quality test more than once every five (5) years.
6. The pre-blast survey and water quality testing shall be conducted by an independent
survey company and a laboratory approved by the State of Wisconsin or an
organization selected by the applicant and acceptable to the owner or resident and
the Town. Reasonable and reasonably related costs of such independent survey shall
be the sole responsibility of the applicant/permittee.
8.7 Procedures
1. Upon receipt of complete application form and the permit fee(s), the Town Clerk
shall place the application on the agenda for the next regular meeting of the Springfield
Town Board. If it determines that the permit application is complete and the proposed
blasting activity will comply with all the applicable provisions of this ordinance and of
Wis. Administrative Code Comm. 7, the Town Board may grant a blasting permit. The
Town Board may also recommend conditions related to the permit, as appropriate. If the
Town Board determines that the application is incomplete or that the proposed blasting
activity will not be conducted in conformity with the provisions of this ordinance or Wis.
Administrative Code Comm. 7, the Town Board may deny the permit.
Page 5of 10
8.8 Pre-Blasting Site Inspection
1. The blaster shall visually inspect the controlled blasting site area to determine if there is
any evidence of a sinkhole, a cave or a subsurface void in the karst that could be part of
a sinkhole or cave. If visual inspection reveals such, no blasting shall occur, nor shall
any structure support be placed therein.
2. In addition to a visual inspection, especially if visual inspection is inconclusive and the
general area is known to have sinkholes and caves, it is recommended that the blaster
use probes (such as borings) or geophysical methods such as resistivity tomography,
seismic refraction, microgravity or ground penetrating radar, to ascertain the presence
of sinkholes or caves.
3. The blaster shall submit a pre-blasting site inspection report regarding his finding
and methods used to the Springfield Town Board at the time an application for a
permit to mine is made.
8.9 Notification of Blasting
Notification must be given to the following persons and by the following means at least 48
hours prior to the initial blasting at a blast site as well as prior to all subsequent blasting
events at the blast site:
1. At least 48 hours prior to initial blasting at a blast site, the blaster in charge shall make
a reasonable effort to notify all residents or owners of affected buildings, as defined in
section 8.07 (3) of this ordinance. The blaster shall make all reasonable efforts to
ensure timely and effective notice that a blasting operation is to begin, using such
means as a written notice, a phone call, email or verbally in person.
2. A resident call list shall be established for the purpose of notifying persons living in
the vicinity of the blast site at least 48 hours prior to a blasting event. A resident
shall be placed on this call list only upon request to be so listed and called. The call
list must be maintained and used prior to any blast.
3. Before any blasting operation or blasting event, the blaster in charge shall give notice
thereof by the conspicuous display of a fluorescent flag and legible sign displayed
within 100 feet of all public roads bordering the blasting site or at least the nearest
public road bordering the blasting site. Said sign should also warn against the use of
all mobile wireless communication equipment on all roads within 1000 feet of the
blasting operations. The flag and sign shall be displayed prior to and during all
blasting operations and events.
4. A distinctive warning signal shall be sounded prior to commencing blasting.
Automotive or truck horns shall not be used as a warning signal.
5. Whenever blasting is being conducted in the vicinity of gas, electric, water, fire
alarm, telephone, telegraph or steam utilities, these utilities shall be notified no less
than 48 hours prior to commencing blasting.
6. Verbal (in person or by phone) or written (on hard copy or email) notice shall be
given to the Town Clerk, and the Town Chairperson at least 48 hours prior to the
onset of any blasting event. If a schedule including dates and times of blasting
Page 6of 10
events is known at the time of application, making that schedule part of the
application can serve as written notice. If part of the application, further notice shall
be required only if there is deviation from the schedule.
8.10 Blasting Schedule.
All surface blasting shall be conducted between 9:00 a.m. and 8:00 p.m., Monday
through Friday, unless one of the following conditions applies:
1. A more restrictive time period is specified by the Town as a condition of use.
2. The operator has shown that the public will not be adversely affected by noise
and other impacts, and the Town Board has approved the deviation from normal
blasting hours.
8.11 Blasting Log
An accurate blasting log shall be prepared and maintained for each blast fired, and a true
and complete copy of this log shall be kept by the permittee for a period of not less than
5 years and furnished to the Town of Springfield within 3 working days of a request for
a copy of said log by the Town Clerk, or Town Board. The Town of Springfield may
require that the permittee furnish an analysis of any particular blasting log to be
prepared by the permittee. Each blasting log shall include, but not be limited to, the
following information:
1. Name and License number of the blaster in charge of the blast.
2. Blast location references on an aerial photograph
3. Date and Time of blast.
4. Weather conditions at the time of blast.
5. Diagram and cross section of blast hole layout
6. Number of blast holes
7. Blast hole depth and diameter
8. Spacing and burden of blast holes
9. Maximum holes per delay
10. Maximum pounds of explosives per day
11. Depth and type of stemming used.
12. Total pounds and type of explosives used
13. Distance to nearest inhabited building not owned by the operator/blaster in charge
14. Distance of blast hole to groundwater.
15. Type of initiation used.
• Seismographic and air blast records which shall include all of the following:
• Type of instrument and last laboratory calibration date.
• Exact location of instrument and the date, time, and distance from the blast.
• Name of person and firm taking the reading
• Trigger levels from ground and air vibrations
• The vibration and air blast levels recorded.
Page 7of 10
8.12 Monitoring
1. The permittee shall monitor all blasts at the closest location to the controlled blast area
of any affected building or structure beyond the controlled blast area, provided,
however, that the permittee may monitor at another location approximately the same
distance from the perimeter of the controlled blast area, if the permittee is unable to
obtain permission to conduct the monitoring from the owner of the preferred location.
2. The Town of Springfield, by its Town Clerk, or Town Board, may, at its
discretion, require the relocation of the monitoring equipment to a more suitable
site.
8.13 Storage of Explosives
1. It shall be unlawful for any person, firm or corporation to possess, store, keep for
storage or permit to be stored in any building or on any premises within the Town of
Springfield any dynamite, gunpowder, or blasting powder or other similar explosive
materials in greater quantities than fifty pounds without first obtaining a written permit
from the Town Board so to do, as hereafter provided.
2. Persons, firms or corporations desiring to possess or keep in storage any greater
quantities of dynamite, gunpowder, blasting powder or similar combustible materials,
than specified in section 8.14(1) may apply for a written permit from the Town Board,
which permit shall specify the maximum amount that may be kept in storage at one
time, the location of such building where the same shall be stored so as not to endanger
other buildings or property and such other reasonable requirements as may be necessary
according to the circumstances of each case. The Town Board may issue such a permit
if it deems that such storage shall not pose an undue hazard to persons or property.
3. All such storage of explosives shall, in addition to the foregoing requirements, be in
conformity with any applicable law or requisition of the State of Wisconsin and of the
United States.
4. All storage of dynamite, gunpowder, or blasting powder or other similar explosive
materials in greater quantities than fifty pounds, temporary or otherwise, within the
corporate limits of the Town of Springfield, which storage does not comply with the
requirements of this chapter is hereby declared to be offensive and to constitute a fire
hazard and public nuisance, dangerous to public safety and general welfare of the
inhabitants of the Town of Springfield and is hereby prohibited.
5. Any person, firm or corporation violating any of the provisions of this chapter, shall
upon conviction thereof, forfeit not less than $100.00 nor more than $500.00 for each
and every offense, together with the costs and any applicable penalty assessment, and in
case such forfeiture, costs and assessment are not paid when due, may be imprisoned in
the County Jail of Jackson County until so paid, but not to exceed 90 days.
Page 8of 10
8.14 Control of Adverse Effects
The permittee and the operation requiring blasting shall be responsible for
taking all reasonable actions necessary to control the adverse effects
described herein.
1. General requirements. Blasting shall be conducted by the permittee and the
operation requiring such blasting so as to prevent injury and unreasonable
annoyance to persons and damage to public or private property outside the
controlled blasting site area.
2. Flyrock. The permittee and the operation requiring blasting shall take all
reasonable actions to assure that flyrock traveling in the air or along the ground
meets all of the following conditions:
a. Remain within the controlled blasting site area.
b. Not be cast more than one-half the distance to the nearest inhabited building
within or outside of the controlled blasting site area.
3. Airblast.
a. An air blast may not exceed 133 peak dB at the location of any dwelling, public
building or place of employment outside the controlled blasting site area.
b. The blaster shall conduct monitoring of every blast to determine compliance with
the air blast limit. The measuring system used shall have a lower-end flat
frequency response of not more than 2 Hz and an upper-end flat frequency
response of at least 200 Hz
4. Ground vibration.
a. The maximum ground vibration at the location of any dwelling, public building
or place of employment outside the controlled blasting site area shall be
established in accordance with the blasting-level chart of par. (b)
b. All structures in the vicinity of the controlled blasting site area, not listed
in subd.1., such as water towers, pipelines and other utilities, tunnels,
dams, impoundments and underground mines, shall be protected from
damage by establishment by the blaster of a maximum allowable limit on
the ground vibration. The blaster shall establish the limit after consulting
with the owner of the structure.
c. The blaster shall use the ground vibration limits specified in Figure 7.44
WI Admin Code Comm. 7 to determine the maximum allowable ground
vibration. Ground vibration shall be measured as the particle velocity.
Particle velocity shall be recorded in 3 mutually perpendicular directions.
d. The blaster shall make and keep a seismograph record including both
particle velocity and vibration frequency levels for each blast. The method
of analysis shall be subject to discretionary review by the Plan
Commission.
e. For quarry operations, the blaster shall report any ground vibration levels to the
Town Board that are above 0.75 inch per second with frequencies less than 40
Hz.
8.15 Proof of Insurance
Page 9of 10
Each application for an explosives use permit as herein stated, or a renewal thereof, shall
be accompanied by a certificate of Insurance for a Commercial General Liability Policy
and said Policy of Insurance shall have limits of coverage of not less than two million
($2,000,000.00) dollars in the aggregate and one million ($1,000,000.00) dollars per
occurrence and the Town shall be named as an additional insured on said Policy of
Liability Insurance.
8.16 Permit Durations, Renewals and Fees
1. A short-term permit may be issued for a single blasting event and shall be valid
for 14 days from the effective date of the permit. The fee for a temporary permit
and one subsequent short term permit may be granted. Fees are listed on the
blasting permit form.
2. A long term permit shall be granted for period of one year. The fee for a year
permit, and for a renewal thereof, is listed on the blasting permit form.
3. An application for a renewal of an existing long term permit shall be made 60
days prior to the expiration date of the existing permit.
8.17 Revocation and Suspension
1. The Town Board, on its own motion or following due review and investigation of a
written complaint, may suspend or revoke the blasting permit for any violation of
provisions or requirements of this ordinance or of other applicable State and Federal
law. The following persons may file a written complaint and request suspension or
revocation:
a. A resident, lessee or owner of an affected building, structure or well
b. A building inspector.
c. The Town Chairperson
d. Town Supervisor
e. The Town Clerk
2. Where warranted, as determined in the reasonable discretion of the Town Board, a
blasting permit may be temporarily suspended without notice or hearing to the
permittee. Written or verbal notice of a temporary suspension, and of conditions that
must be met to reinstate the permit, shall be promptly given to the permittee at the
address contained in the application.
3. In general, the Town Clerk shall provide the permittee with no less than 24 hours
notice of a meeting where action to suspend the blasting permit is on the agenda.
Permittee’s failure to appear at such meeting shall be deemed a waiver of the
opportunity to be heard prior to final action of the Town Board. Written or verbal
notice of the suspension, and of conditions that must be met to reinstate the permit,
shall be promptly given to the permittee at the address contained in the application.
4. Prior to revocation of a blasting permit, the Town Board shall give the permittee no less
than 72 hours notice of a meeting where action to revoke is on the agenda. The
permittee shall be given a reasonable opportunity to be heard prior to final action by
the Town Board. Permittee’s failure to appear at such meeting shall be deemed a
waiver of the opportunity to be heard prior to final action of the Town Board. Written
Page 10of 10
or verbal notice of the revocation shall be promptly given to the permittee at the
address contained in the application.
8.18 Penalties
In addition to the denial, suspension or revocation of a permit issued under this ordinance,
any person who violates any provision of this ordinance shall be subject to forfeiture in an
amount not less than $100 nor more than $1000 for each day of continued violation, plus
costs of prosecution.
8.19 Severability and Interpretation
1. Should any section, clause, provision or portion of this ordinance be adjudged
unconstitutional or invalid, unlawful or unenforceable by a final order of a court of
competent jurisdiction, including all applicable appeals, the remainder of this ordinance
shall remain in full force and effect.
2. The provisions of this ordinance shall be liberally construed in favor of the Town of
Springfield and shall not be construed to be a limitation or repeal of any other power
now possessed or granted to the Town of Springfield.
8.20 No Liability for Damages
This ordinance shall not be construed as an assumption of liability by the Town of
Springfield for damages because of injuries sustained or property destroyed by any
person’s failure to comply with the requirements set forth herein.
8.21 Effective Date
Following passage by the Town Board, this ordinance shall take effect the day after the date
of publication or posting as provided by law.
ADOPTED this day of , 20
TOWN OF SPRINGFIELD
John Curran, Town Board Chairperson
Leif Olson, Supervisor
___________________________
Norman Olson, Supervisor
Attested to: this _____day of , 20
Susan Waldera, Town Clerk