SECTION 460:20-43-18. Use of explosives: general requirements

(a)   Each operator shall comply with all applicable State and Federal laws and regulations in the use of explosives.

(b)   Blasts that use more than 5 pounds of explosive or blasting agent shall be conducted according to the schedule required under Section 460:20-43-20.

(c)   Blasters.

(1)   No later than 12 months after the blaster certification program for a State required by Subchapter 65 of this Chapter has been approved, all blasting operations in that State shall be conducted under the direction of a certified blaster. Before that time, all such blasting operations in that State shall be conducted by competent, experienced persons who understand the hazards involved.

(2)   Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations.

(3)   A blaster and at least one other person shall be present at the firing of a blast.

(4)   Any blaster who is responsible for conducting blasting operations at a blasting site shall:

(A)   Be familiar with the blasting plan and site-specific performance standards; and

(B)   Give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(d)   Blast design.

(1)   An anticipated blast design shall be submitted if blasting operations will be conducted within:

(A)   1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or

(B)   500 feet of an active or abandoned underground mine.

(2)   The blast design may be presented as part of a permit application or at a time, before the blast, approved by the Department.

(3)   The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards in Section 460:20-43-22.

(4)   The blast design shall be prepared and signed by a certified blaster.

(5)   The Department may require changes to the design submitted.