KRS 351.330: Requirements governing blasting operations.

(1) Blasting of explosives for use in the neighborhood of any public highway, stream of

water, dwelling house, public building, school, church, commercial or institutional

building, pipeline, or utility shall be done in accordance with the provisions of this

section, and rules and regulations promulgated by the department.

(2) Where necessary in a blasting operation, the department may require that the

operator submit a blasting plan to the department for approval.

(3) In all blasting operations, except as here inafter otherwise provided, the maximum

peak particle velocity of the ground motion in any direction shall not exceed two (2)

inches per second at the immediate location of any dwelling house, public building,

school, church, commercial or institutional bu ilding, and the particle velocity at

such location immediately after a period of one (1) second following the peak

particle velocity produced by any charge shall not continuously exceed one -half

(1/2) inch per second.

(4) Blasting operations without instru mentation will be considered as being within the

limits set forth in this subsection if such blasting operations are conducted in

accordance with rules and regulations of the department establishing the maximum

amount of explosives to be used in a single c harge and in a single subcharge within

specified distances from any location provided by subsection (1) of this section. No

more than 40,000 pounds of explosives may be used in any charge except with the

approval of the commissioner. Regulations promulgated by the department pursuant

to this subsection shall be in such terms that compliance therewith will assure

compliance with the provisions of subsection (3) of this section.

(5) No two (2) consecutive subcharges containing the maximum permitted by the

department pursuant to this subsection shall have a detonation time separated by

less than eight (8) milliseconds, except that if the amount of explosive used in any

subcharge is less than maximum permitted by the department pursuant to subsection

(4) of this section, the time delay between detonation times may be decreased in the

same ratio.

(6) Any blasting operation may be conducted without reference to any maximum

amount or period provided by or pursuant to subsection (4) of this section if the

operator of such blasting operation demonstrates by instrumentation that maximum

particle velocity of the ground motion in any direction does not exceed the limits

provided in subsection (3) of this section.

(7) Instruments for determining particle velocity as set fo rth in this subsection shall be

limited to such specific types of devices as shall have been expressly approved by

the department and the commissioner or his duly authorized agent may enter upon

any premises for the purpose of conducting or supervising any necessary

instrumentations provided by KRS 351.315 to 351.375.

(8) When blasting operations are contemplated which would result in ground vibrations

that would have a particle velocity in any direction in excess of two (2) inches per

second at the immedia te location of any dwelling house, public building, school,

church, commercial or institutional building, blasting operations may proceed after

receiving written consent from the property owner or owners affected.

(9) When blasting operations, other than t hose conducted at a fixed site as a part of any

industry or business operated at such site, are to be conducted within the vicinity of

a pipeline or public utility, the blaster or person in charge of the blasting operations

shall take due precautionary mea sures for the protection of the pipeline or utility,

and shall give adequate notice to the owner or his agent that such blasting

operations are intended. The blaster shall be subject to regulations promulgated by

the department concerning such a blasting operation.

(10) Blasting operations near streams shall be prohibited in all cases where the effect of

the blasting is liable to change the course or channel of any stream without first

obtaining a permit from the department which has been approved by the Division of

Water in the Energy and Environment Cabinet.

(11) Blasting operations shall not be conducted within eight hundred (800) feet of any

public highway, unless due precautionary measures are taken to safeguard the

public.

(12) Mudcapping in blasting operations shall be permitted only where it would endanger

the safety of the workers to drill the rock or material to be blasted. If mudcapping is

necessary, no more than ten (10) pounds of explosives shall be used for each charge.

(13) When the use of deto nating cord would cause severe air blast the department may

cause all trunk lines to be covered by five (5) to six (6) inches of loose earth.

(14) In blasting operations, flying rocks shall not be allowed to fall greater than one -half

(1/2) the distance be tween the blast and a dwelling house, public building, school,

church, or commercial or institutional building. Protective material shall be used to

insure this limit.

(15) When a blast is about t o be fired, ample warning shall be given to allow all persons

to retreat to a safe place, and care shall be taken to ascertain that all persons are in

the clear. Each operator shall follow a definite plan of warning signals that can be

clearly seen or hear d by anyone in the blasting area. The operator shall inform all

employees at the operation as to the established procedure.

(16) No person shall use explosives in such manner that safety to persons or property is

threatened.

(17) The two (2) -inch-per-second maximum peak particle velocity as specified in

subsections (3) and (8) of this section shall be construed as the threshold below

which blasting damage is unlikely to occur. However, the department shall have the

authority to promulgate regulations requir ing more restrictive levels of maximum

peak particle velocity when necessary to maintain consistency with federal statutes

or regulations.