Sec. 16-404. - Blasting.
All blasting activity that falls within the scope of this article shall comply with the following provisions:
(1) Permit required.
a. Prior to any blasting activity or preparation for blasting activity at an extraction site, an appropriate blasting or explosives permit must be acquired from the regulatory authority.
b. Each such blasting or explosives permit will authorize blasting for extraction of materials (i.e. rock, stone, etc.) only at the extraction site designated on the permit, and shall be reviewed annually by the regulatory authority.
c. The extraction site operator, or designated representative, may apply for an appropriate blasting or explosives permit in accordance with the following procedures:
1. The applicant shall submit a completed permit application form and fee as required by the regulations contained in the Uniform Fire Code (UFC), as adopted and amended by the city council to the regulatory authority.
2. The chief of the fire department shall have thirty (30) days in which to approve or deny the permit application.
3. Any party aggrieved by the denial of a permit or inaction by the chief of the fire department may appeal such decision in accordance with the provisions of the UFC, provided such appeal is made in the manner required by such regulations.
4. Upon receipt of the appeal notification, the appeal board shall take the actions required to review the appeal in accordance to the said UFC as amended and adopted by the city.
(2) Hours of operation. The hours during which excavation may take place by blasting or use of explosives shall be any time during the hours between 8:00 a.m. and 5:00 p.m. except for on Saturdays, Sundays or on legal holidays, unless required by applicable safety regulations.
(3) Regulatory compliance. All blasting operations located within an extraction operation shall comply with the applicable provisions of the Uniform Fire Code (UFC), as amended and adopted by the city council, and with this article, as well as all applicable local, state and federal regulations concerning industrial noise and dust levels as well as applicable drainage, water and air standards. (Specifically included in such regulations are all applicable requirements of chapter 34 of this Code, pertaining to pollution prevention and control, and as such regulations may, from time to time, be amended.)
(4) Environmental protection. For extraction sites and other land uses located within the ERZD, all required approvals of the Texas Natural Resource Conservation Commission (TNRCC), or its successor agencies, and the regulatory authority must be obtained prior to initiating blasting or the removal of materials from the ground by means of explosives within the site.
(5) Storage and handling. The storage area for explosives shall be clearly marked and identified on the premises and a security fence must be established at a distance of at least twenty-five (25) feet from the containers in which explosive materials are to be stored. The security fence shall be at least eight (8) feet in height and shall be made of chain link or other appropriate material. A lockable eight-foot gate shall be provided for access in and out of the security fence surrounding the storage area. The access gate for the explosives storage area must be kept locked at all times with an appropriate locking device or padlock. No keys to the locking device or padlock, preventing access to the explosives storage area, may be distributed by the quarry operator to any person other than those employees or subcontractors who have been trained and/or certified in the proper handling, storage, and use of explosive materials. As an alternative to the fencing requirement provided in this section, the quarry operator may use a solid steel storage container that has a lockable access point and that is capable of containing an accidental discharge or explosion of the explosive agents stored within the container. The storage facility in which explosive materials are stored must be located at least three hundred (300) feet from any adjoining property line.
(6) Monitoring of blasting. Quarry operators shall be required to perform monitoring of blasting events to accumulate data with respect to the seismographic and airblast effects of the blasting activity as required by federal and state law. The quarry operator shall conduct independent monitoring of blasting events if directed, and to the extent and frequency reasonably required, by the regulatory agency. The information generated in the form of reports or other data from this monitoring must be made available to the chief's office of the city fire department within seventy-two (72) hours from receipt by the owner/operator of a written request to review such information. The chief officer of the city fire department shall honor and maintain the confidentiality of data submitted by quarry operators and identified as confidential data to the extent allowed by law.
(7) Safety standards. The quarry operator is responsible and required to comply with all applicable provisions of any federal or state law or applicable regulations promulgated by OSHA, MSHA, ATF, or any other executive agency of the federal or state government relating to the use, handling, storage, or detonation of explosives. In addition to compliance with federal and state law, the owner shall be required to comply with the provision of the city fire code by registering, on an annual basis, with the city and/or the Bexar County Fire Marshall with respect to blasting activities. This annual registration with the city fire department shall be in lieu of the requirement to obtain individual permits each time a blasting event is performed.
(8) Inspections.
a. The holder of a quarry blasting permit shall make quarry site available to the regulatory authority for inspection at all times during regular office hours.
b. All records, including monitoring records referenced in subsection (6), above, relating to blasting activities will be made available to the regulatory authority during normal office hours within seventy-two (72) hours after such request is made.
(Ord. No. 87907, § 5, 6-4-98)
