§ 14-34-12-2 — Adoption of rules regarding blasting

Indiana § 14-34-12-2

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 12: Blasting

Text

The commission shall adopt rules to do the
following:
(1) Require the permittee to provide reasonable advance written
notice to local governments and residents who might be affected
by the use of the explosives by:
(A) publication of the planned blasting schedule in a newspaper
of general circulation in the county in which the blasting will
occur;
(B) mailing a copy of the proposed blasting schedule to every
resident living within one-half (1/2) mile of the proposed
blasting site; and
(C) providing daily notice to persons living in the areas before
any blasting.
(2) Require the permittee to maintain for at least three (3) years
and make available for public inspection upon request a log
detailing the following:
(A) The location of the blasts.
(B) The pattern and depth of the drill holes.
(C) The amount of explosives used per hole.
(D) The order of and length of delay in the blasts.
(3) Limit the type of explosives and detonating equipment and the
size, timing, and frequency of the blasts based upon the physical
conditions of the site to prevent the following:
(A) Injury to persons.
(B) Damage to public and private property outside the permit
area.
(C) Adverse impacts on an underground mine.
(D) Change in the course, channel, or availability of ground or
surface water outside the permit area.
(4) Require that all blasting operations are conducted by trained
and competent persons certified by the director.
(5) Provide that upon the request of a resident or an owner of a
manmade dwelling or structure within one (1) mile of any part of
the permitted area, the applicant for the surface coal mining and
reclamation permit or the permittee shall conduct a preblasting
survey of those structures and submit the survey to the director
and a copy to the resident or owner making the request. The
director shall determine the area of the survey. The applicant or
the permittee shall do the following:
(A) Notify the public, by publication at least one (1) time a
week for four (4) consecutive weeks in a local newspaper of
general circulation in the county in which the blasting will
occur, that the applicant or permittee will conduct a preblasting
survey upon request by a resident or an owner of a manmade
dwelling or structure within one (1) mile of any part of the
permitted area.
(B) Send written notice to each resident or owner of a manmade
dwelling or structure within one-half (1/2) mile of any part of
the permitted area that the resident or owner is entitled to a
preblasting survey upon request.
[Pre-1995 Recodification Citation: 13-4.1-10-2.]

Legislative History

As added by P.L.1-1995, SEC.27.