West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule unless used in a context that clearly
				  requires a different meaning the term:
2.1. "Active Blasting Experience" means
				experience gained by a person who has worked on a blasting crew, or supervised
				a blasting crew. Two hundred forty working days constitutes one year of
				experience. Experience may only be gained by "first-hand" participation in
				activities associated with the storing, handling, transportation and use of
				explosives or the immediate supervision of those activities within surface coal
				mines, and the surface areas of underground coal mines. Experience should be
				related to surface mine blasting; Provided, that other related blasting
				experience (quarrying operations, etc.) may be accepted by the secretary or on
				a case-by-case basis as qualifying experience.
2.2. "Air Blast" means an airborne shock wave
				resulting from the detonation of explosives.
2.3. "Adjuster" means an outside party that
				is assigned to investigate, document, evaluate and make recommendations on a
				reported loss.
2.4. "Arbitrator"
				means an impartial individual appointed by the Secretary with the authority to
				settle the disputes between property owners and mine operators as they relate
				to allegations of blasting damage.
2.5. "Arbitration" means the referral of a
				dispute to a neutral or impartial person for total or partial determination. It
				is intended to be inexpensive, prompt and fair to the parties.
2.6 "Blast" means any planned or unplanned
				detonation(s) of an explosive(s) being initiated simultaneously by a single
				energy source.
2.7. "Blast Area"
				means the area surrounding a blast site where flyrock could occur and which
				should be guarded against entry during the shot.
2.8. "Blast Site" means the area where
				explosive material is handled during loading into boreholes. This includes the
				perimeter area formed by the loaded blast holes as measured 50 feet in all
				directions from the collar of the outermost loaded borehole; or that area
				protected from access by a physical barrier to prevent entry to the loaded
				blast holes.
2.9. "Blaster" means a
				qualified person in charge of and responsible for the design, loading and
				firing of a blast. This must be an individual who is certified by the Office of
				Explosives and Blasting.
2.10.
				"Blasting Complaint" means a communication to the Office of Explosives and
				Blasting from a member of the general public expressing concern, aggravation,
				fear or indications of blasting damage. A blasting complaint may or may not
				initially indicate damage.
2.11.
				"Blasting Claim" means an allegation by the property owner of blasting related
				damage to property.
2.12. "Blasting
				Log" means a written record containing all pertinent information about a
				specific blast as may be required by law or rule.
2.13. "Blasting Vibration" means the
				temporary ground movement produced by a blast that can vary in both intensity
				and duration.
2.14. "Caused By
				Blasting" means that there is direct, consistent and conclusive evidence or
				information that the alleged damage was definitely caused by blasting from the
				mine site in question.
2.15.
				"Certified Blaster" means a person who has taken and passed the examination
				described in this rule, and has been issued a certification card by the
				Secretary.
2.16. "Certified
				Examiner/Inspector" means a person employed by the Secretary who administers
				training or examinations to applicants for certification as certified blasters,
				or who inspects surface mining operations and who has taken and passed the
				examination described in this rule.
2.17. "Claimant" means the property owner who
				makes a blasting damage claim.
2.18. "Claims Administrator" means the
				individual, firm or organization that manages the blasting damage claims
				program for the Secretary.
2.19.
				"Construction Blasting" means blasting to develop haulroads, mine access roads,
				coal preparation plants, drainage structures, or underground coal mine sites
				and shall not include production blasting.
2.20. "Contiguous or Nearly Contiguous" means
				surface mining operations that share a permit boundary or are within 100 feet
				of each other at the nearest point.
2.21. " Detonation" means a chemical reaction
				resulting in a rapid release of energy.
2.22. "Department" means the Department of
				Environmental Protection.
2.23.
				"Explosives" means any chemical compound, mixture or device, the primary or
				common purpose of which is to function by explosion; including, but not limited
				to, water gel, slurries, emulsion, dynamites, permissibles, pellet powder,
				blasting caps, cast primers and boosters, detonating cord, detonating cord
				delay connectors, and blasting agents.
2.24. "Fly Rock" means rock and/or earth
				propelled from the blast site through the air or along the ground by the force
				of the detonated explosives.
2.25.
				"Loss Value" means the amount of money indicated in a given loss to include
				costs of repairs or replacement costs.
2.26. "Not Caused By Blasting" means that
				there is direct, consistent, and conclusive evidence or information that
				blasting from the mine site in question was definitely not at fault for the
				alleged property damage.
2.27.
				"Other Structure" means any man made structure excluding "protected structures"
				within or outside the permit areas which includes but is not limited to, gas
				wells, gas lines, water lines, towers, airports, underground mines, tunnels,
				bridges, and dams. The term does not include structures owned, operated, or
				built by the permittee for the purpose of carrying out surface mining
				operations.
2.28. "Operator" means
				any person who is granted or who should obtain a permit to engage in any
				activity covered by W. Va. Code §22.
2.29. "Possibly Caused By Blasting" means the
				physical damage in question is not entirely consistent with blasting induced
				property damage, but that blasting cannot be ruled out as a causal
				factor.
2.30. "Pre-Blast Survey"
				means the written documentation of the existing condition of a given structure
				near an area where blasting is to be conducted. The purpose of the survey is to
				note the pre-blasting condition of the structure and note any observable
				defects or damage.
2.31. "Probably
				Caused By Blasting" means that there is physical damage present at the site in
				question that is entirely consistent with blasting induced property damage, and
				said damage can be attributed to a specific mine site and/or blast
				event(s).
2.32. "Probably Not
				Caused By Blasting" means that there is substantial, but not conclusive
				information that the alleged damage was caused by something other than
				blasting.
2.33. "Production
				Blasting" means blasting that removes the overburden to expose underlying coal
				seams and shall not include construction blasting.
2.34. "Protected Structure" means any of the
				following structures that are situated outside the permit area: an occupied
				dwelling, a temporarily unoccupied dwelling which has been occupied within the
				past ninety (90) days, a public building, a habitable building for commercial
				purposes, a school, a church, a community or institutional building, a public
				park or a water well.
2.34.a. "Community or
				Institutional Building" means any structure, other than a public building or an
				occupied dwelling, which is used primarily for meetings, gatherings or
				functions of local civic organizations or other community groups; functions as
				an educational, cultural, historic, religious, scientific, correctional, mental
				health or physical health care facility; or is used for public services,
				including, but not limited to, water supply, power generation or sewage
				treatment.
2.34.b. "Public
				Building" means any structure that is owned or leased by a public agency or
				used primarily for public business or meetings.