reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:140 - Directional and horizontal wells

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.015, 349.035, 349.040(3), 349.075, 349.120,
				349.155, 353.050, 353.060, 353.180, 353.510, 353.520, 353.561 - 353.564,
				353.590, 353.5901, 353.592, 353.610, 353.651, 353.652, 353.6601 - 353.6606,
				353.730, 353.737, 353.991, Chapter 424
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the
				department to promulgate administrative regulations to administer KRS 353.500
				through 353.720. KRS 353.550 authorizes the department to regulate the drilling
				and casing of all wells and filing of all downhole surveys. KRS 349.110
				authorizes the department to exercise supervision over the drilling, casing,
				plugging, and filling of all coalbed methane wells. This administrative
				regulation establishes the requirements for permitting directional and
				horizontal wells for the purpose of oil, gas, or coalbed methane
				extraction.
Section 1. Information
			 Submittal.
(1) Prior to drilling a directional
			 or horizontal well, the operator shall submit:
(a)
1. A
			 completed Application for Permit, Form OG-1, incorporated by reference in  805 KAR 1:010 for oil or gas well; and
2. A cover letter from the operator making a
			 request for drilling the horizontal or directional well;
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:160 - Posting of an identification sign and a danger sign on a crude oil tank battery site

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.500, 353.656
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540(1) authorizes
				the Department for Natural Resources to promulgate administrative regulations
				necessary to enforce KRS 353.500 through 353.720. KRS 353.656 requires a well
				operator to display a sign printed with the word "Danger" and other information
				specified by the department near or on a facility used for storage of oil,
				whether it is in active production or has been abandoned. This administrative
				regulation specifies the size, wording, coloration, and placement of a danger
				sign and identification sign.
Section
			 1. Tank Battery Identification Signs.
(1) An operator shall display a printed
			 identification sign on tank battery facilities. The sign shall include the
			 information in paragraphs (a) through (e) of this subsection.
(a) Tank battery operator (Company
			 name).
(b) Lease name as identified
			 by the tank battery operator.
(c)
			 Global position system of the tank location using North American Datum of 1983
			 and expressed in decimal degrees (0).
(d) Emergency twenty-four (24) hour phone
			 number for the tank battery operator.
(e) Department for Environmental Protection
			 Environmental Response Team Hotline twenty-four (24) hour phone
			 number.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:180 - Production reporting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.550(1), 349.040, 349.155, 349.570,
				353.991
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550(1) and KRS 349.115 authorizes the Department for Natural Resources to promulgate
				administrative regulations requiring an operator of oil and gas properties in
				the Commonwealth to identify producing leases. KRS 349.115 authorizes the
				department to promulgate administrative regulations to implement KRS Chapter
				349. This administrative regulation is necessary to specify the requirement of
				annual reporting, the content of the report, and the form on which the report
				shall be made.
Section 1. Annual Report
			 of Monthly Production.
(1) An oil or gas
			 operator shall:
(a) Compile and retain records
			 of the monthly production of natural gas and crude oil; and
(b) For the preceding year, file the
			 production information with the Division by April 15.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:210 - Comment period for pooling of oil and gas shallow wells

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 353.510, 353.630, 353.640.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.630 requires an
				applicant for pooling of oil and gas interests for shallow wells to provide
				notice to all persons reasonably known to have an oil or gas interest in any
				tract or portion thereof proposed to be pooled, and to unknown or nonlocatable
				owners and requires the department to consider written comments before
				rendering a final decision on shallow well pooling. This administrative
				regulation establishes the requirements related to comment periods on shallow
				well pooling proposals.
Section 1.
			 Opportunity for comment period. Any person having an oil or gas interest in any
			 tract or portion thereof proposed to be pooled, including an unknown or
			 nonlocatable owner, may submit written comments to the cabinet on a proposal
			 for shallow well pooling. The comment period shall commence on the date of
			 notice as defined by KRS 353.510(45). The division shall consider all written
			 comments before rendering its final decision on the shallow well pooling
			 proposal.
STATUTORY AUTHORITY: KRS 353.630.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:220 - Public liability insurance and self-insurers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 349.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 349.115 requires the
				Department for Natural Resources to promulgate administrative regulations
				necessary to implement KRS Chapter 349. KRS 349.040(3)(e) requires applicants
				to maintain public liability coverage or be self-insured, and requires the
				department to establish requirements for self-insurers. This administrative
				regulation establishes minimum requirements for public liability insurance and
				for public liability self-insurers.
Section
			 1. Definitions.
(1)
			 "Commissioner" is defined by KRS 349.010(6).
(2) "Guarantor" means a parent company whose
			 financial statement is used by the applicant to obtain self-insurance
			 status.
(3) "Public liability
			 insurance" means insurance to protect against loss or liability by reason of
			 personal injuries to persons other than employees and damage to property owned
			 by third parties.
(4) "Service
			 organization" means a person or entity which provides services including claims
			 adjustment, safety engineering, computation of statistics, preparation of loss
			 or tax reports, purchase of excess insurance, or preparation of any required
			 self-insurance report.
(5)
			 "Specific excess insurance" means an insurance policy, which insures the amount
			 of a claim from one (1) occurrence involving one (1) or more claimants in the
			 same occurrence or incident of exposure in excess of a specified dollar
			 amount.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:020 - General standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes general operating safety standards controlling the
				operation of the Commonwealth's surface coal and clay mines, which include
				strip and auger mining operations.
Section
			 1. General Standards for Coal and Clay Mines.
(1) Each mine shall be under the supervision
			 of a foreman certified under conditions set forth by the department. Where
			 operations are so extensive that the foreman cannot personally visit all the
			 mine workings, he/she shall employ certified assistants who shall be subject to
			 the same requirements as the foreman.
(2) Each place of work shall be visited by a
			 certified foreman or his/her assistant at the beginning of and at least once
			 each shift and more frequently as necessary to ensure that work is being done
			 in a safe manner.
(3) No employee
			 shall be assigned, allowed, or be required to perform work alone in any area
			 where hazardous conditions exist that would endanger his/her safety unless
			 he/she can communicate with others, can be heard or can be seen.
(4) When work is performed after dark, the
			 areas of drilling, blasting, stripping, and loading shall be properly
			 illuminated.
(5) A certified person
			 shall be in charge at all times when the mine is in operation.
(6) Where telephone service is not available,
			 emergency communications shall be provided to the nearest point of
			 assistance.
(7) Arrangements shall
			 be made in advance for obtaining emergency medical assistance and
			 transportation for injured persons.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:030 - Ground control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is to establish safety standards governing ground control in the
				operation of the Commonwealth's surface type coal and clay mines which include
				strip and auger mining operations.
Section
			 1. Ground Control.
(1) Practices
			 and standards acceptable to the commissioner for the safe control of surface
			 mine walls, including the overall slope of the mine wall, shall be established
			 and followed by the operator. Such standards shall be consistent with sound
			 engineering, the nature of the ground and the seam mined, and the ensuring of
			 safe working conditions according to the degree of slope. Mining methods shall
			 be selected which will provide wall stability, including benching, if
			 necessary, to obtain a safe overall slope.
(2) All loose and hazardous material shall be
			 stripped for safe distance from the edge of the highwall.
(3) The width and height of benches shall be
			 governed by the type of equipment to be used and the operation to be
			 performed.
(4) Safe means of
			 scaling walls shall be provided. Loose material or trees on exposed wall areas
			 shall be removed before any other work is performed in the exposed wall
			 area.
(5) Men shall not work under
			 dangerous walls. Hazardous overhanging walls shall be taken down immediately
			 and other unsafe ground conditions shall be corrected promptly, or the areas
			 shall be barricaded or posted.
(6)
			 When removing rock by hand, men shall approach loose rock and areas on walls to
			 be scaled from above and shall scale from a safe location.
(7) The supervisor or a competent person
			 designated by him shall examine working areas and faces of walls for unsafe
			 conditions at least at the beginning of each shift, during the shift while men
			 are working, and after blasting. Any unsafe condition found shall be corrected
			 before any further work is performed at the immediate area or face at which the
			 unsafe condition exists.
(8) Men
			 shall examine their working places before starting work and frequently
			 thereafter and any unsafe condition shall be reported immediately to the
			 supervisor before any other work is performed.
(9) Large boulders requiring secondary
			 blasting shall be in a safe location before they are drilled or
			 broken.
(10) Men shall not be
			 permitted to work between equipment and the mine wall where the equipment may
			 hinder escape from falls or slides of the walls unless special safety
			 precautions are taken in advance.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:060 - Drilling for blasting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is to establish safety standards controlling drilling for blasting
				in the operation of the Commonwealth's surface type coal and clay mines which
				include strip and auger mining operations.
Section
			 1. Drilling for Blasting.
(1)
			 Equipment shall be inspected each shift by a competent person designated by the
			 operator. Equipment defects affecting safety shall be reported
			 immediately.
(2) Equipment defects
			 affecting safety shall be corrected before the equipment is used.
(3) The drilling area shall be inspected by a
			 competent person designated by the operator for hazards before drilling
			 operations are started.
(4) Men
			 shall not be on the mast while the drill is in operation.
(5) Drill crews and others shall stay clear
			 of augers or drill stems that are in motion. Persons shall not pass under a
			 step over a moving stem or auger.
(6) Receptacles or racks shall be provided
			 for drill steel stored on drills.
(7) Tools and other objects shall not be left
			 loose on the mast or drill platform.
(8) When a drill is being moved from one (1)
			 drilling area to another, drill steel, tools and other equipment shall be
			 secured and the mast placed in a safe position.
(9) In the event of power failure, drill
			 controls shall be placed in the neutral position until power is
			 restored.
(10) While in operation,
			 drills shall be attended at all times.
(11) Drill holes large enough to constitute a
			 hazard shall be covered or guarded.
(12) Men shall not drill from positions that
			 hinder their access to the control levers, or from insecure footing or staging,
			 or from atop equipment not designed for that purpose.
(13) Bit wrenches or bit knockers shall be
			 used to remove detachable bits from drill steel.
(14) Starter steels shall be used when
			 collaring holes with hand-held or feedleg drills.
(15) Men shall not hold the drill steel while
			 collaring holes, or rest their hands on the chuck or centralizer while
			 drilling.
(16) Air shall be turned
			 off and bled from the hose before hand-held drills are moved from one (1)
			 working area to another.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:080 - Travelways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is to establish safety standards controlling travelways in the
				operation of the Commonwealth's surface type coal and clay mines which include
				strip and auger mining operations.
Section
			 1. Travelways.
(1) Safe means of
			 access shall be provided and maintained to all working places.
(2) Crossovers, elevated walkways, elevated
			 ramps, and stairways shall be of substantial construction, provided with
			 handrails, and maintained in good condition. Where necessary, toeboards shall
			 be provided.
(3) Ladders shall be
			 of substantial construction, maintained in good condition and regularly
			 inspected.
(4) Portable straight
			 ladders shall be provided with nonslip bases, shall be placed against a safe
			 backing at the proper angle, and set on secure footing.
(5) Fixed ladders shall be anchored securely
			 and installed to provide at least three (3) inches of toe clearance.
(6) Fixed ladders shall have substantial
			 railed landings at least every thirty (30) feet unless back-guards are
			 provided.
(7) Steep fixed ladders
			 (seventy (70) to ninety (90) from the horizontal) thirty (30) feet or more in
			 length shall be provided with backguards, cages, or equivalent protection,
			 starting at a point not more than seven (7) feet from the bottom of the
			 ladder.
(8) Fixed ladders shall
			 project at least three (3) feet above landings, or substantial handholds shall
			 be provided above the landings.
(9)
			 Wooden members of ladders shall not be painted.
(10) Ladderways, stairways, walkways, and
			 ramps shall be kept free of loose rock and extraneous materials.
(11) Men climbing or descending ladders shall
			 face the ladders and have both hands free for climbing.
(12) Railed walkways shall be provided
			 wherever persons are regularly required to walk along conveyor belts. Inclined
			 railed walkways shall be nonskid or provided with cleats.
(13) Openings above, below, or near
			 travelways through which men or materials may fall shall be protected by
			 railings, barriers, or covers. Where it is impractical to install such
			 protective devices, adequate warning signals shall be posted.
(14) Scaffolds and working platforms shall be
			 of substantial construction and provided with handrails and maintained in good
			 condition. Floorboards shall be laid properly and the scaffolds and working
			 platforms shall not be overloaded. Working platforms shall be provided with
			 toeboards where necessary.
(15)
			 Crossovers shall be provided where it is necessary to cross
			 conveyors.
(16) Moving conveyors
			 shall be crossed only at designated crossover points.
(17) Slippery walkways shall be provided with
			 cleats and handrails and/or ropes.
(18) Regularly used walkways and travelways
			 shall be sanded, salted, or cleared of snow and ice as soon as
			 practicable.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:100 - Equipment use and operation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070 authorizes the
				Secretary of the Energy and Environment Cabinet to promulgate, amend, or repeal
				any administrative regulations as necessary and suitable for the proper
				administration of KRS Chapter 351. This administrative regulation establishes
				safety standards controlling the use and operation of equipment in the
				Commonwealth's surface type coal and clay mines, which include strip and auger
				mining operations.
Section 1.
(1) The following items shall be guarded to
			 prevent injury:
(a) Gears;
(b) Sprockets;
(c) Chains;
(d) Drive, head, tail, and take-up
			 pulleys;
(e) Flywheels;
(f) Couplings;
(g) Shafts;
(h) Sawblades;
(i) Fan inlets; and
(j) Similar exposed moving machine parts that
			 may cause injury to persons.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 3 - Mining Safety Standards › Section 805 KAR 3:120 - Augering

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is to establish safety standards controlling planning, inspection,
				persons not entering auger holes, operation of auger equipment, and blocking of
				auger holes in the Commonwealth's safety standards controlling the operations
				of surface type auger operations in coal mines.
Section 1. Auger Planning. Before augering is
			 done, advance planning shall be made to ensure that no hazards shall be created
			 affecting active underground workings. Auger mine workings and holes drilled
			 shall be located so as to prevent:
(1) The
			 interference with the ventilation system of any underground mine;
(2) Inundation hazards from the surface to
			 active underground workings.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:010 - Licensing and classification of blasters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.315, 351.325
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
				the Department for Natural Resources to promulgate any administrative
				regulations necessary to effectuate the provisions of KRS 351.315 to 351.375.
				KRS 351.315 requires the department to license blasters and to establish fees.
				KRS 351.315 requires the Department for Natural Resources to license blasters.
				This administrative regulation establishes the licensing requirements and
				duties of a blaster to effect this law, and establishes the amount of fees to
				be consistent with KRS 351.315
Section
			 1.
(1) The department shall have
			 the following two (2) classifications of blasting licenses, each of which shall
			 have a separate test:
(a) The "Kentucky
			 blaster's license"; and
(b) The
			 "limited Kentucky blaster's license".
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:020 - Blasting standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the
				Department for Natural Resources to limit ground vibrations. This
				administrative regulation effects the provisions of that law.
Section 1. Blasting Standards.
(1) In all blasting operations, except as
			 hereinafter 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 building.
(2) This ground velocity limit is not
			 construed to mean property owned, leased, or contracted by the blaster or
			 blaster's company or property on which the owner gives a written
			 waiver.
(3) No two (2) consecutive
			 subcharges within any charge shall be separated by a delay time of less than
			 eight (8) milliseconds.
(4) The
			 department will furnish a table for determining the maximum amount of
			 explosives to be used per delay period.
(5) The standard table for the maximum charge
			 per delay shall be distances greater than 300 feet generated by the formula:
W (D/50) (D/50)
Where W is the weight of explosive in pounds and D is the
				distance to the nearest dwelling house, public building, school, church,
				commercial or institutional building in feet. On sites where the department
				decides it necessary to comply with the provision of the law this formula may
				be altered.
(6) For the
			 purpose of well shooting below 100 feet, the table shall be generated by the
			 formula:
W (D/50) (D/50) (D/50)
Where W is the total weight of explosives in the hole and D is
				the distance from the charge to the nearest dwelling house, public building,
				school, church, commercial or institutional building.
(7) If on a particular site the peak ground
			 particle velocity continuously exceed one-half (1/2) inch per second after a
			 period of one (1) second following the maximum ground particle velocity, the
			 department shall require the total time delay of blasting operations to be less
			 than 200 milliseconds or the charge per delay to be reduced so that this limit
			 is complied with.
(8) For distances
			 less than 300 feet the following table will be used:
Actual Distance
Pounds Per Delay Interval of
In Feet
8 Milliseconds or Greater
5-10
1/8 lb.
11-15
1/4 lb.
16-20
1/2 lb.
21-25
3/4 lb.
26-30
1.0 lb.
31-300
1 lb. plus 1/8 lb. for each
foot of distance above 30 feet
Less than five (5) feet the total charge should not exceed
				one-eighth (1/8) pound.
(9)
			 If explosive charges of greater than 40,000 pounds are necessary, a permit must
			 be obtained from the Department for Natural Resources. The department shall
			 consider each case on its own merits in making a determination as to whether or
			 not to grant such a permit.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:030 - Seismograph measurements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the
				Department for Natural Resources to limit ground vibrations. This
				administrative regulation effects the provisions of that law.
Section 1.
(1) If a blaster decides that the table of
			 maximum pound per delay established in  805 KAR 4:020 is too conservative, he
			 may use seismograph measurements and increase the charge per delay period,
			 provided the velocity of two (2) inches per second limit is not violated. He
			 must use the seismograph on every shot thereafter so long as the table is not
			 being complied with.
(2) If a
			 blaster considers the table too conservative for his particular area, he may,
			 upon submission of seismograph reports, petition for a modified table for
			 blasting operation at that particular site but in no case shall the department
			 allow a table that would permit velocities above the two inch per second limit
			 on structures imposed by KRS 351.330.
(3) In making a seismograph determination of
			 the velocity at a particular position, the following formula shall be used:
V = Vo (Do/D) 1.5
Where Vo is the maximum ground particle velocity at the
				seismograph, Do is the distance of the seismograph from the blast, and D is the
				distance from the blast to the position in question and in the same general
				direction. The distance Do may not be greater than D, and D cannot be more than
				five (5) times Do. This determined velocity at the site of any dwelling house,
				public building, school, church, commercial or institutional building shall not
				exceed the two (2) inches per second limit.
(4) If special conditions occur which
			 indicate that abnormal or potentially damaging ground vibrations may result
			 from blasting, the department may require a seismograph recording of any or all
			 blasts.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:040 - Instrumentation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
				the Department for Natural Resources to promulgate any administrative
				regulations necessary to effectuate the provisions of KRS 351.315 to 351.375.
				KRS 351.330 requires the Department for Natural Resources to limit ground
				vibrations. This administrative regulation establishes specifications and
				guidelines for equipment used to monitor ground vibrations and air blasts from
				blasting operations and provides guidelines for the use of this equipment to
				ensure that the reading taken from this equipment is accurate.
Section 1. Instrumentation.
(1) A direct reading velocity instrument
			 shall not be approved by the Department for Natural Resources unless it:
(a) Has a frequency range equal or greater
			 than five (5) cycles per second to 150 cycles per second;
(b) Has a velocity range from zero to two
			 (2.0) inches per second or greater; and
(c) Meets the standards established by the
			 Department for Natural Resources.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:050 - Records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330, 331.335, 331.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the
				Department for Natural Resources to compel blasters to keep records. This
				administrative regulation specifies what records are to be kept and requires
				blasters that do not have a permit issued pursuant to KRS Chapter 350, or an
				agreement with the department, to provide notice of its blasting operations to
				the Department for Natural Resources.
Section
			 1. Blasting Records. A record of each blast shall be kept. All
			 records including seismograph reports shall be retained at least five (5) years
			 and shall be available for inspection by the Department for Natural Resources
			 and shall contain the data in subsections (1) through (19) of this section:
(1) Name of company or contractor.
(2) Exact location of the blast, date, and
			 time of detonation.
(3) Name,
			 signature, and license number of blaster in charge.
(4) Type of material blasted.
(5) Number of holes, burden, and
			 spacing.
(6) Diameter and depth of
			 holes.
(7) Types of explosives
			 used.
(8) Total amount of
			 explosives used.
(9) Maximum amount
			 of explosives per delay period of eight (8) milliseconds or greater.
(10) Method of firing and type of
			 circuit.
(11) Direction, distance
			 in feet, and identification of the nearest dwelling house, public building,
			 school, church, commercial or institutional building neither owned nor leased
			 by the person conduction the blasting.
(12) Weather conditions.
(13) Type and height or length of
			 stemming.
(14) A statement as to
			 whether mats or other protections against flyrock were used.
(15) Type of blasting caps used and delay
			 periods used.
(16) The exact
			 location of the seismograph if used and the distance of the seismograph from
			 the blast.
(17) Seismograph
			 records, if required, shall include:
(a) Name
			 of person and firm analyzing the seismograph record; and
(b) Seismograph reading.
(18) Maximum number of holes per delay period
			 of eight (8) milliseconds or greater.
(19) Sketch of blast pattern including number
			 of holes, burden, and spacing distance delay pattern, and if decking is used, a
			 hole profile.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:060 - Blasting safety

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.330
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the
				Department for Natural Resources to provide rules and administrative
				regulations for blasting near public highways, streams, dwelling houses, public
				buildings, schools, churches and commercial and institutional buildings. This
				administrative regulation provides those rules and administrative
				regulations.
Section 1.
(1) When operating within 800 feet of a
			 highway if there is chance of flying rock landing on the highway, traffic must
			 be stopped at a safe distance. Blasted material shall not be thrown on a public
			 highway in sufficient quantity to impede traffic, and any material thrown on a
			 highway shall be removed promptly.
(2) Where a blasting operation is conducted
			 in the vicinity of an active deep mine, the blaster shall observe all
			 procedures necessary to secure the health and safety of the deep mine
			 workers.
(3) Blasting operations
			 shall be conducted during daylight hours (one-half (1/2) hour before sunrise to
			 one-half (1/2) hour after sunset) except by special permit issued by the
			 Department for Natural Resources. Said permit shall be issued on the basis of
			 safety.
(4) If, as a result of a
			 blast, the vibrational levels are exceeded or material is hurled through the
			 air causing damage to homes or other property, or causing personal injury or
			 death, or endangering public safety, health and general welfare in violation of
			 any standard promulgated by this agency, the department may consider this due
			 cause for revocation of blaster's license and invoke penalties according to KRS 351.990.
(5) The contractor or
			 operator as well as the blaster shall be responsible for the conduct of
			 blasting on any operation.
(6)
			 Nothing contained herein shall relieve the contractor or operator or other
			 persons of responsibility and liability under any other
			 laws.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:080 - Blasters' qualifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Blasters' Qualifications.
(1) A blaster shall be able to understand and
			 give written and oral orders.
(2) A
			 blaster should be in good physical condition and not be addicted to narcotics,
			 intoxicants, or similar types of drugs.
(3) A blaster shall be qualified by reason of
			 training, knowledge or experience, in the field of transporting, storing,
			 handling, and the use of explosives, and have a working knowledge of state and
			 local laws and regulations which pertain to explosives.
(4) Blasters shall be required to furnish
			 satisfactory evidence of competency in handling explosives and performing in a
			 safe manner the type of blasting that will be required.
(5) The blaster shall be knowledgeable and
			 competent in the use of each type of blasting method used.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:085 - Dealer registration; record requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.365, 351.367(6), (7), (9),  26 C.F.R. 55.121-55.129
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
				the Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives and unassembled
				components of explosives, and the maintenance of such explosives which has a
				direct bearing on safety to life and property. This administrative regulation
				establishes requirements for explosive dealer registration and the retention of
				records relating to explosives transactions.
Section
			 1. A person intending to engage in business as an importer,
			 manufacturer, or dealer of explosive materials is required by KRS 351.365 to
			 register with the Department for Natural Resources. Registration shall be done,
			 prior to engaging in business, by filling out the registration form (EC-12).
			 This form shall be completed and submitted to the department
			 annually.
Section 2. Record
			 Requirements.
(1) A person, corporation or
			 entity engaged in the manufacture, purchase, distribution or selling, of
			 explosives shall maintain, in a permanent form, records of importation,
			 production, shipment, receipt, sale or other disposition, including the number
			 of the permit to purchase explosives.
(2) All records shall be retained for a
			 period of not less than five (5) years from the date the transaction occurs or
			 until discontinuance of business or operations. All records shall be subject to
			 inspection and examination by the Department for Natural Resources.
(3) The records required to be maintained
			 pursuant to Title 26, part 55.121-55.129 of the Code of Federal Regulations of
			 the Bureau of Alcohol, Tobacco, and Firearms shall satisfy the requirements of
			 this section.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:087 - Explosives

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1.
(1) Explosive magazines shall be posted with
			 suitable danger signs so located that a bullet passing through the face of a
			 sign will not strike the magazine.
(2) Containers of explosives or blasting
			 agents shall be stacked in a stable manner, but not more than eight (8) feet
			 high.
(3) Ammonium nitrate fuel oil
			 blasting agents shall be physically separated from other explosives, safety
			 fuse, or detonating cord stored in the same magazine and in such a manner that
			 oil does not contaminate the other explosives, safety fuse or detonating
			 cord.
(4) Special precautions shall
			 be taken when blasting in close proximity to underground operations, and no
			 blasting shall be done which would be hazardous to persons working
			 underground.
(5) Only nonsparking
			 implements shall be used to punch holes in an explosive cartridge.
(6) Delay connectors for firing detonating
			 cord shall be treated and handled with the same safety precautions as blasting
			 caps and electric detonators.
(7)
			 Primers containing a detonator shall be prepared with the detonator container
			 securely and completely within the explosive charge or within a suitable tunnel
			 or cap well.
(8) Explosives or
			 blasting agents shall be kept separate from detonators until charging is
			 started.
(9) Ammonium nitrate and
			 the components used for the sensitizing thereof shall be stored, mixed,
			 transported and used in accordance with the recommendations in Bureau of Mines
			 Information Circular 8179, "Safety Recommendations for Sensitized Ammonium
			 Nitrate Blasting Agents," or subsequent revisions.
(10) Excessive force shall not be used in
			 assembling any connecting device or primer cartridges. No tool shall be used to
			 dislodge a detonator, or a component containing a detonator, from a
			 primer.
(11) A cast primer or
			 booster shall not be used if the hole for the detonator is too small to accept
			 the detonator; no one shall enlarge a hole or cap well in a cast primer or
			 booster to accept a detonator.
(12)
			 No detonator shall come in contact with a high explosive cartridge until the
			 primer is being assembled, and immediately upon assembly, the primer shall be
			 loaded into the borehole.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:090 - Storage of explosives and blasting agents

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Storage of Explosives and Blasting
			 Agents.
(1) Explosives and related materials
			 shall be stored in approved facilities required under the applicable provisions
			 of the Internal Revenue Service regulations contained in  27 CFR 55, Commerce in
			 Explosives.
(2) Blasting caps,
			 electric blasting caps, detonating primers, and primed cartridges shall not be
			 stored in the same magazine with other explosives or blasting agents.
(3) Smoking and open flames shall not be
			 permitted within fifty (50) feet of explosives and detonator storage
			 magazines.
(4) Permanent
			 underground magazines containing detonators shall not be located closer than
			 twenty-five (25) feet to any magazine containing other explosives or blasting
			 agents.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:093 - Permit to purchase or possess explosives

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.367, 351.370
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes
				the Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which have a direct bearing on safety to life and property.
				This administrative regulation establishes guidelines for the necessity of and
				procedure for obtaining a permit for the purchase of possession of
				explosives.
Section 1.
(1) Each person, firm, association, or
			 corporation intending to purchase or take possession of explosives shall
			 complete the application form (EC-52), and pay the application fee established
			 by KRS 351.367(2).
(2) Each holder
			 of a permit to purchase or possess explosives shall provide a copy of his
			 permit to the explosive dealer or distributor prior to the transfer of the
			 explosive materials.
(3) A permit
			 to purchase or possess explosives shall be obtained prior to purchasing or
			 taking possession of any explosive materials, including all high explosives,
			 blasting agents, and detonators, and two (2) component, binary explosive
			 compounds.
(4) The following
			 materials are exempt from the requirement to obtain a permit:
(a) Oil well perforating charges of less than
			 ninety (90) grams each;
(b) All
			 grades of blackpowder suitable for firearms;
(c) All fireworks; and
(d) Any propellant powder for firearms or
			 rockets.
(5) Any person
			 who signs the application for a permit, either as an individual or as a
			 representative of a corporation, firm, or association, shall be accountable for
			 the explosives purchased under the terms of the permit.
(6) A permit holder may purchase explosives
			 for use on several different business locations or construction sites, if the
			 person designated on the permit application is the central agent ordering the
			 explosives, and is responsible for the security and disposition of the
			 explosives at all sites.
(7) If a
			 single corporation or company has multiple business sites, each of which
			 purchases explosives independently, each site shall obtain its own
			 permit.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:115 - Safety fuses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350, 351.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1. Use of Safety Fuses.
(1) The use of a fuse that has been hammered
			 or injured in any way shall be forbidden.
(2) The hanging of a fuse on nails or other
			 projections which will cause a sharp bend to be formed in the fuse is
			 prohibited.
(3) Before capping
			 safety fuse, a short length shall be cut from the end of the supply reel so as
			 to assure a fresh cut end in each blasting cap.
(4) Only a cap crimper of approved design
			 shall be used for attaching blasting caps to safety fuse. Crimpers shall be
			 kept in good repair and accessible to use.
(5) No unused cap or short capped fuse shall
			 be placed in any hole to be blasted; such unused detonators shall be removed
			 from the working place and destroyed. This prohibition shall not apply to
			 surface mining operations.
(6) No
			 fuse shall be capped or primer made up, in any magazine or near any possible
			 source of ignition.
(7) No one
			 shall be permitted to carry detonators or primers of any kind on his
			 person.
(8) The minimum length of
			 safety fuse to be used in blasting shall be as required by state law, but shall
			 not be less than thirty (30) inches.
(9) At least two (2) men shall be present
			 when multiple cap and fuse blasting is done by hand lighting methods.
(10) Not more than twelve (12) fuses shall be
			 lighted by each blaster when hand lighting devices are used. However, when two
			 (2) or more safety fuses in a group are lighted as one (1) by means of igniting
			 cord or other similar fuse lighting devices, they may be considered as one (1)
			 fuse.
(11) The so-called "drop
			 fuse" method of dropping or pushing a primer or any explosive with a lighted
			 fuse attached is forbidden.
(12)
			 Cap and fuse shall not be used for firing mud-cap charges unless charges are
			 separated sufficiently to prevent one (1) charge from dislodging other shots in
			 the blast.
(13) When blasting with
			 safety fuses consideration shall be given to the length and burning rate of the
			 fuse. Sufficient time, with a margin of safety, shall always be provided for
			 the blaster to reach a place of safety.
Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Division of Explosives and Blasting › Section 805 KAR 4:120 - Detonating cords

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 351.350
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the
				Department for Natural Resources to promulgate rules and administrative
				regulations concerning the manufacture, transportation, sale, storage, or use
				of explosives and unassembled components of explosives, and the maintenance of
				such explosives which has a direct bearing on safety to life and property. This
				administrative regulation effects the provisions of that law.
Section 1.
(1) The blaster shall select a detonating
			 cord consistent with the type and physical condition of the borehole and
			 stemming and the type of explosives used.
(2) Detonating cord shall be handled and used
			 with the same respect and care given other explosives.
(3) The line of detonating cord extending out
			 of a borehole or from a charge shall be cut from the supply spool before
			 loading the remainder of the borehole or placing additional charges.
(4) Detonating cords shall be handled and
			 used with care to avoid damaging or severing the cord during and after loading
			 and hooking-up.
(5) Detonating-cord
			 connections shall be competent and positive in accordance with approved and
			 recommended methods. Knot type or other cord-to-cord connections shall be made
			 only with detonating cords in which the explosive core is dry.
(6) All detonating-cord trunk lines and
			 branch lines shall be free of loops, sharp kinks, or angles that direct the
			 cord back toward the oncoming line of detonation.
(7) All detonating-cord connections shall be
			 inspected before firing the blast.
(8) When detonating-cord millisecond-delay
			 connectors or short-interval-delay electric blasting caps are used with
			 detonating cords, such use shall conform strictly with the manufacturer's
			 recommendations.
(9) When
			 connecting a blasting cap or an electric blasting cap to a detonating cord, the
			 cap shall be taped or otherwise attached securely along the side or the end of
			 the detonating cord, with the end of the cap containing the explosive charge
			 pointed in the direction in which the detonation is to proceed.
(10) Detonators for firing the trunk line
			 shall not be attached to the detonating cord until everything else is in
			 readiness for the blast.
(11) All
			 trunk lines of detonating cord shall be covered if located within 800 feet of
			 any public highway, dwelling house, public building, school, church, commercial
			 or institutional building.
(12)
			 When the use of detonating cord would cause severe concussion, the department
			 may cause all trunk lines to be covered by a minimum of six (6) inches of loose
			 earth.