Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.125 - Use of explosives: preblasting survey

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least 30 days before initiation of
						blasting, the operator shall notify, in writing, residents or owners of
						dwellings or other structures located within 1/2 mile of the permit area where
						blasting will occur of the right to a preblasting survey, the right to receive
						a copy of the preblasting survey and how to request a preblasting survey. On
						the request to the Department or operator by a resident or owner of a dwelling
						or structure that is located within 1/2 mile of any part of the permit area
						where blasting will occur, the persons who conduct the surface mining
						activities shall promptly conduct a preblasting survey of the dwelling or
						structure. If a dwelling or structure is renovated or added to subsequent to a
						preblasting survey, then, upon request by the resident or owner to the
						Department or operator, a survey of the additions and renovations shall be
						performed by the operator under this section. The operator shall provide the
						Department with a copy of the request.
(b) The survey shall determine the condition
						of the dwelling or structure and document any preblasting damage and other
						physical factors that could reasonably be affected by the blasting. Assessments
						of structures such as pipes, cables, transmission lines, and wells and other
						water systems shall be limited to surface condition and readily available data.
						Preblasting conditions of wells and other water systems used for human, animal
						or agricultural purposes shall be ascertained to the extent possible regarding
						the quantity and quality of the water.
(c) A written report of the survey shall be
						prepared and signed by the person who conducted the survey. The report may
						include recommendations of any special conditions or proposed adjustments to
						the blasting procedure which should be incorporated into the blasting plan to
						prevent damage. Copies of the report shall be promptly provided to the person
						requesting the survey and to the Department. If the person requesting the
						survey disagrees with the results of the survey, the person may notify, in
						writing, both the permittee and the Department of the specific areas of
						disagreement.
(d) A preblasting
						survey requested more than 10 days before planned initiation of blasting shall
						be completed by the operator before the initiation of blasting.
The provisions of this §
														87.125 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														86.81 (relating to program
							 services); 25 Pa. Code §
														87.64 (relating to blasting plan);
							 25 Pa. Code §
														87.76 (relating to surface mining
							 near underground mining); 25 Pa. Code §
														87.127 (relating to use of
							 explosives: surface blasting requirements); 25 Pa. Code §
														90.43 (relating to blasting plan);
							 25 Pa. Code §
														90.92 (relating to signs and
							 markers); and 25 Pa. Code §
														90.148 (relating to
							 blasting).