SECTION 12.357. Use of Explosives: General Requirements

(a) Each operator shall comply with all applicable state and federal laws and regulations in the use of explosives.

(b) Blasts that use more than 5 pounds of explosive or blasting agent shall be conducted according to the schedule required by §12.359 of this title (relating to Use of Explosives: Blasting Schedule).

(c) All blasting operations shall be conducted by experienced, trained, and competent persons who understand the hazards involved. A blaster and at least one other person shall be present at the firing of a blast. Each person responsible for blasting operations shall possess a valid certification as required by §§12.700-12.710 of this title (relating to Training, Examination, and Certification of Blasters) and:

(1) be familiar with the blasting plan and site-specific performance standards; and

(2) give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew to assist in the use of explosives.

(d) Blast-design requirements shall include the following:

(1) the operator shall submit to the Commission an anticipated blast design if blasting operations will be conducted within:

(A) 1,000 feet of any building used as a dwelling, public building, school, church, hospital, nursing facility, or community or institutional building outside the permit area;

(B) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, active or abandoned underground mines, fluid-transmission pipelines, gas or oil-collection lines, or water and sewage lines;

(2) the blast design may be presented as part of a permit application or at a time, before the blast, approved by the Commission;

(3) the blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock and ground-vibration standards in §12.360 of this title (relating to Use of Explosives: Control of Adverse Effects);

(4) the blast design shall be prepared and signed by a certified blaster; and

(5) the Commission may require changes to the design submitted.

Source Note: The provisions of this §12.357 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.