Subchapter C. PERMITS
Sec.
211.121. General requirements.
211.122. [Reserved].
211.123. [Reserved].
211.124. Blasting activity permits.
211.125. Blasting activity permit-by-rule.
Source The provisions of this Subchapter C adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 211.191 (relating to scope); and 25 Pa. Code § 211.192 (relating to permits).
§ 211.121. General requirements.
(a) Except as otherwise provided in this subchapter, a person may not engage in blasting activities in this Commonwealth without first obtaining the appropriate permit from the Department issued under this chapter.
(b) Permits under this chapter are not required for the use of fireworks governed by the act of May 15, 1939 (P.L. 134, No. 65) (35 P.S. § § 1271—1278) (Repealed).
(c) A permit issued under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19b) or the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3301—3326), and the regulations promulgated thereunder, authorizing blasting activity acts as a blasting activity permit issued under this chapter.
(d) An application for a permit to conduct blasting activities must be on a form provided by the Department. A permit will not be issued unless the application is complete and demonstrates that the proposed activities comply with the applicable requirements of this chapter. The Department will notify applicants of an incomplete application and identify the items necessary to complete the application. The permittee shall comply with the approved application, the permit and this chapter.
(e) The Department will not issue a permit to a person who either:
(1) Fails to comply with this chapter or a condition of a permit issued under this chapter or an order issued to enforce this chapter.
(2) Demonstrates an inability or lack of intention to comply with this chapter as indicated by past or continuing violations.
(f) The permittee, the blasting contractor listed on the permit and the blaster-in-charge of any blasts conducted on a permit shall comply with the approved application, the permit and this chapter.
Authority The provisions of this § 211.121 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.121 amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (378243).
§ 211.122. [Reserved].
Authority The provisions of this § 211.122 reserved under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.122 reserved June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial pages (378243) to (378244) and (281305).
§ 211.123. [Reserved].
Authority The provisions of this § 211.123 reserved under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.123 reserved June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (281305).
§ 211.124. Blasting activity permits.
(a) An application for a blasting activity permit shall be prepared by a blaster authorized by the Department to conduct the blasting proposed in the application and must include all of the following:
(1) The applicant’s name, address, telephone number and type of business.
(2) The signature of the applicant or an authorized representative of the applicant.
(3) The ATF license or permit number of the applicant or the blasting contractor.
(4) The name, title and telephone number of a person who can be reached by the Department in the event of an emergency or other reason relating to the blasting activity permitted.
(5) The identity of independent subcontractors who will be performing the blasting activities.
(6) The specific types of explosives to be used.
(7) The maximum amount of explosives that will be detonated per delay interval of less than 8 milliseconds.
(8) The maximum amount of explosives that will be detonated in any one blast.
(9) The minimum square root scaled distance based on calculations made from actual site conditions except for demolition blasting operations where the cube root scaled distance must be used.
(10) A map indicating the location where the explosives will be used and the proximity of explosives use to public roads, buildings or other structures.
(11) The purpose for which the explosives will be used.
(12) The location and license number of the magazine that will be used to store the explosives, if applicable.
(13) A description of how the monitoring requirements of Subchapter G (relating to requirements for monitoring) will be satisfied.
(14) Proof that the permittee has third-party general liability insurance in the amount of $1 million or greater per occurrence to cover the blasting activity. This requirement is not applicable if the permittee is a noncoal surface mine operator who produces no more than 2,000 tons (1,814 metric tons) of marketable minerals per year from all its noncoal surface mining operations.
(15) The anticipated duration of the blasting activity for which the permit is needed.
(16) The anticipated days of the week and times when blasting may occur.
(17) The distance in feet and direction in degrees to the building not owned by the permittee or its customer that will be closest to the blasting.
(18) Other information needed by the Department to determine compliance with applicable laws and regulations.
(19) The printed name, signature and license number of the blaster who prepared the application.
(20) Loading plans which describe ranges of bore hole diameters and their depths, burdens and spacings.
(21) Types of stemming material.
(b) Blasting activity permits are not transferable.
(c) The blasting activity permit must specify all of the following:
(1) The blasting activity permittee.
(2) Any independent subcontractors performing work under this permit.
(3) Limits on particle velocity and airblast.
(4) The types of explosives that may be used.
(5) The duration of the permit.
(6) Other conditions necessary to ensure that the proposed blasting activity complies with the applicable statutes and this chapter.
(d) The permittee may request extensions and modifications by submitting an amended application.
(e) The blaster-in-charge shall have in his possession a copy of the approved blasting activity permit authorizing the blasting activity being conducted. For blasting activities conducted on and authorized by permits issued under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19b) or the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3301—3326), possession of the blasting plan for that permit constitutes possession of a copy of the approved blasting activity permit authorizing the blasting activity being conducted.
Authority The provisions of this § 211.124 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.124 amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial pages (281305) to (281306).
§ 211.125. Blasting activity permit-by-rule.
(a) Except for blasting activities for the purpose of demolition or seismic exploration, a person will be deemed to have a permit for a blasting activity if:
(1) The blasts are designed and performed for a scaled distance of 90 or greater.
(2) No more than 15 pounds (6.81 kilograms) of explosives are detonated per delay interval of less than 8 milliseconds.
(3) The total charge weight per blast does not exceed 150 pounds (68.18 kilograms).
(4) The person notifies the Department either verbally, in writing or by other means approved by the Department prior to the initial blast. If the person gives verbal notification, a written notice shall be received by the Department within 5 working days. The notification must indicate all of the following information for all blasts that will occur under this permit:
(i) The identity of the person.
(ii) The location where the blasting will occur.
(iii) The purpose of the blasting.
(iv) The distance to the nearest building not owned or leased by the person or its customer.
(v) The days of the week and times when blasting may occur.
(vi) The duration of blasting activities under this permit-by-rule.
(vii) The minimum scaled distance.
(viii) The maximum weight of explosives detonated per delay period of less than 8 milliseconds.
(ix) The maximum total weight of explosives per blast.
(x) A contact person and telephone number.
(5) Blast reports are completed in accordance with § 211.133 (relating to blast reports).
(6) The other monitoring and performance standards of this chapter are met.
(b) The Department may revoke a blasting activity permit-by-rule under one of the following:
(1) The permittee has demonstrated an unwillingness or inability to comply with the applicable regulations.
(2) The blasting activity possesses a sufficient risk of harm to the public or the environment to warrant an individual blasting activity permit.
Authority The provisions of this § 211.125 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).
Source The provisions of this § 211.125 amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial pages (281306) to (281307).
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