PRINTER'S NO. 1214
No. 1068 Session of 1999
INTRODUCED BY BELARDI, GEORGE, CAWLEY, MUNDY, SURRA, SERAFINI,
THOMAS, STABACK, YOUNGBLOOD, MELIO, B. SMITH, SOLOBAY,
CORRIGAN, PESCI, MYERS, M. COHEN, WALKO, HARHAI, BELFANTI,
CASORIO, SCRIMENTI, TRELLO, SHANER, LAUGHLIN, WILLIAMS,
WOJNAROSKI, PLATTS, GRUCELA, ROONEY, YEWCIC, JAMES, TIGUE,
CURRY, McCALL, RAMOS, COSTA AND LUCYK, MARCH 24, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 24, 1999
AN ACT
1 Amending the act of July 10, 1957 (P.L.685, No.362), entitled
2 "An act regulating the use of explosives in certain blasting
3 operations; requiring examination and licensing of certain
4 explosives' detonators and prescribing the fee thereof; and
5 conferring powers and imposing duties on the Department of
6 Labor and Industry," further providing for rules and
7 regulations relating to blasting effects on certain
8 structures.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of July 10, 1957 (P.L.685, No.362),
12 referred to as the Explosives Use Regulation Law, is amended by
13 adding a section to read:
14 Section 3.1. Regulations on Blasting Effects.--(a) The
15 department is authorized to and shall promulgate, by regulation,
16 specific requirements for blasting operations in areas where
17 certain factors are present. These factors may include, but are
18 not limited to, the following:
19 (1) Proximity of the proposed blast site to the following:
1 (i) A dwelling or structure.
2 (ii) Active or abandoned underground mine.
3 (iii) Disposal wells.
4 (iv) Petroleum or gas storage facilities.
5 (v) Municipal water storage facilities.
6 (vi) Fluid transmission pipelines.
7 (vii) Gas or oil collection lines.
8 (viii) Water or sewage lines.
9 (ix) Utilities.
10 (x) Gas or oil wells.
11 (2) Presence of geologic features in the area of the
12 proposed blast site that may influence the impact or effect of
13 blasting activities.
14 (3) Population density in the area of the proposed blast
15 site.
16 (4) Such other factors as are determined by the department.
17 (b) When blasting is proposed in an area where one or more
18 of the factors specified in subsection (a) are present, the
19 department shall establish site-specific limits on vibration
20 frequency levels, airblast effects, peak particle velocity and
21 any other measures deemed appropriate to control the effects of
22 blasting on public health, safety and property. Limits
23 established under this subsection shall be based on information
24 provided to the department under subsection (c) and other
25 available information.
26 (c) When blasting is proposed in an area where one or more
27 of the factors specified in subsection (a) are present, the
28 department may require the operator to conduct such
29 measurements, studies and tests and provide such information and
30 data as is necessary to determine acceptable limits under
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1 subsection (a). These measurements, studies, tests and any other
2 reports submitted to the department must concurrently be
3 submitted to the affected municipality.
4 (d) Any determination of the department under subsection (b)
5 or (c) shall be transmitted to any affected municipality within
6 three business days of issuing that determination.
7 Section 2. This act shall take effect in 60 days.
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