TCA § 68-105-103 — Requirements governing blasting

The use of explosives for the purpose of blasting in the neighborhood of any public highway, dwelling house, public building, school, church, commercial or institutional building, or pipeline or other public utility facility, including, but not limited to, electrical and communications cables or wires, shall be done in accordance with this chapter and the rules and regulations promulgated by the department. Blasting operations without instrumentation will be considered as being within the limits set forth in this section, if such blasting operations are conducted in accordance with § 68-105-104 and such other rules and regulations as may be promulgated by the department. Instruments for determining particle velocity as set forth in this chapter shall be limited to such specific types of devices as have been expressly approved by the department, and the commissioner or the commissioner's duly authorized agent may enter upon any premises for the purpose of conducting or supervising any necessary instrumentations provided by this chapter. Whenever blasting operations are to be conducted within one hundred feet (100') of any pipeline distributing liquefied or liquid petroleum or manufactured, mixed or natural gas, the person who will conduct such blasting operations shall notify the department of commerce and insurance and the utility company having control of such pipeline at least three (3) full working days, except Sundays and holidays, prior to blasting. Whenever blasting operations are to be conducted on a single project for a period of more than one (1) day, a single notification of intention shall constitute compliance with the requirements of this subsection (d). Blasting operations shall not be conducted within close proximity of any public highway, unless reasonable precautionary measures are taken to safeguard the public. When blasting operations are conducted at the immediate location of any dwelling house, public building, school, church, commercial or institutional building that would result in ground vibrations having a particle velocity exceeding the limits provided by this chapter, such blasting operations may proceed after receiving written consent from the property owner or owners affected. When blasting is done in congested areas or in proximity to a structure, railway, or highway, or any other installation that may be damaged, the blaster shall take special precautions in the loading, delaying, initiation, and confinement of each blast with mats or other methods so as to control the throw of fragments, and thus prevent bodily injury or property damage. When a blast is about to 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 blaster shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. The blaster shall inform all persons in the proximity of the established procedure, and shall take additional precautions when entry into the area is not easily denied. Where the standard table of distance is exceeded, that is, a scaled distance that is less than 50, the blaster shall provide notice to all structures in that area. Any person conducting blasting operations in the vicinity of any pipeline referred to in subsection (d) shall use: A blast hole drilling pattern and blast initiation procedure that will provide the greatest relief possible in the direction away from the pipeline; and A type of explosive designed to limit propagation between blast holes. All blasting operations in the vicinity of any such pipeline shall be conducted as follows: The blast depth in the initial excavation shall be limited to the elevation of the top of the pipeline, plus one-half (½) of the distance from the nearest blast hole to the pipeline; Subsequent excavations when approaching such pipelines shall be limited to one-half (½) the horizontal distance from the nearest blast hole to the pipeline; Under the conditions described in subdivision (j)(1), the diameter of the blast hole shall not exceed three inches (3"), and only one (1) blast hole may be fired per delay; When a free face has been established to the finished depth of the trench, subdivisions (j)(1) and (2) shall not apply; Monitored blasting shall not exceed two inches (2") per second peak particle velocity as measured by a seismograph at a liquid petroleum pipeline or four inches (4") per second peak particle velocity as measured by a seismograph at all other pipelines referred to in subsection (d); and Any pipeline owner or operator seeking more restrictive vibration limits shall apply to the department under § 68-105-109(f), and indicate on the application the desired limit, in inches per second. When blasting is done in the vicinity of other utility lines: Reasonable precautionary measures shall be taken to protect the line; and In the case of underground utilities, the blaster shall give notice to the department and the utility company at least seventy-two (72) hours in advance of the blasting operation. Except as provided in subdivision (k)(5), in all instances other than as provided in subsection (d) and subdivision (k)(3)(B), the person who will be conducting blasting operations shall give notice to the department of commerce and insurance of the exact location a blast or blasts will occur. Such notice shall be made, in such manner as required by the commissioner, at least seventy-two (72) hours before the blasting operations commence. Such notice shall include a beginning and ending date for the blasting. No additional notification shall be required for blasts that are to occur during the period of time included in the notice. If a public utility provider requires blasting to restore services in unusual circumstances, the public utility provider or the provider's designated contractor may begin blasting operations prior to notifying the department; provided, that notice shall be provided as soon as possible. If the blasting operation is in a permanent location such as, but not limited to, a commercial quarry, mine or cemetery that has recurring blasting operations, the requirements of this subsection (k) shall be met if the person who will be conducting the blasting operations files a one-time notice of the location with the department. Until January 1, 2011, if notice is not given as required in this subsection (k), the commissioner may assess a fine in the amount of one hundred dollars ($100) but, for good cause shown, may waive the payment of such fine. Beginning January 1, 2011, and thereafter, for a first violation of failing to file a required notice, the commissioner may assess a fine in the amount of one hundred dollars ($100) and for a second or subsequent violation by the same person, a five hundred dollar ($500) fine shall be assessed; provided, that for good cause shown, the commissioner may waive the payment of such fine. Any fines imposed and collected pursuant to this subsection (k) shall be retained by the department to defray the cost of administering and enforcing this part. The commissioner shall file an annual report with the commerce committee of the house of representatives and the commerce and labor committee of the senate providing information in sufficient detail for the committees to determine whether the fines established pursuant to subdivision (k)(3) are sufficient to ensure the notifications are being timely filed with the commissioner. The first annual report shall be filed no later than March 1, 2012, and by March 1 thereafter; provided, that an interim report shall be filed by March 1, 2011. No person conducting blasting operations shall be required to file a report pursuant to this subdivision (k)(5) if the person utilizes five (5) pounds or less of explosives per blast.