H. B. 4314


(By Delegates L. Williams, Collins, Mezzatesta,
Michael, Beach, Martin and Rowe)

[Introduced February 1, 1994; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact section eleven, article four, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to surface mining and reclamation of minerals other than coal; blasting restriction, formula, filing preplan, penalties, notice; and to permit seismograph measurement to be used in place of scaled distance formulas.
Be it enacted by the Legislature of West Virginia:

That section eleven, article four, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. SURFACE MINING AND RECLAMATION OF MINERALS OTHER THAN COAL.

§ 22A - 4 - 11. Blasting restriction; formula; filing preplan; penalties; notice.

Where blasting of overburden or mineral is necessary, such the blasting shall be done in accordance with established principles for preventing vibration damage to residences, buildings and communities. Such The blasting shall be considered in compliance with provisions of this article if the following measures are followed:

(1) The weight in pounds of explosive charge detonated at any one time shall conform with the following scaled distance formula: W = (D/50)(to the second power). Where W equals weight in pounds of explosives detonated at any one instant time, then D equals distance in feet from nearest point of blast to nearest residence, building, or structure, other than operation facilities of the mine: Provided, That explosive charges shall be considered to be detonated at one time if their detonation occurs within eight milliseconds or less of each other: Provided, however, That the scaled distance formulas need not be used if a seismograph measurement at the nearest protected structure is recorded and maintained for every blast. The peak particle velocity in inches per second in any one of the three mutually perpendicular directions shall not exceed the following values at any protected structure:
Seismograph Measurement Distance to the Nearest
Protected Structure

1.25 0----300 feet
1.00 301--5,000 feet
0.75 5,001 feet or greater

The commissioner may require a seismograph recording of any blasts based on the physical conditions of the site in order to prevent injury to persons or damage to property. The maximum allowable ground vibration as provided in this section shall be reduced by the commissioner, if determined necessary to provide damage protection. The maximum airblast and ground vibration standards do not apply at the following locations: (A) Structures owned by the permittee and not leased to another person; and (B) structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the commissioner before blasting.
(2) Where blast sizes would exceed the limits under subdivision (1) of this section, blasts shall be detonated by the use of delay detonators (either electric or nonelectric) to provide detonation times separated by nine milliseconds or more for each section of the blast complying with the scaled distance of the formula.
(3) A plan of each operation's methods for compliance with this section (blast delay design) for typical blasts which shall be adhered to in all blasting at each operation, shall be submitted to the department of energy with the application for a permit. It shall be accepted if it meets the scaled distance formula established in subdivision (1) of this section.
(4) Records of each blast shall be kept in a log to be maintained for at least three years, which will show for each blast other than secondary (boulder-breaking) blasts the following information:
(a) Date and time of blast,
(b) Number of holes,
(c) Typical explosive weight per delay period,
(d) Total explosives in blast at any one time,
(e) Number of delays used,
(f) Weather conditions, and
(g) Signature of operator employee in charge of the blast.
(5) Where inspection by the department of energy establishes that the scaled distance formula and the approved preplan are not being adhered to, the following penalties shall be imposed:
(a) For the first offense in any one permit year under this section, the permit holder shall be assessed not less than five hundred dollars nor more than one thousand dollars;
(b) For the second offense in any one permit year under this section, the permit holder shall be assessed not less than one thousand dollars nor more than five thousand dollars;
(c) For the third offense in any one permit year under this section or for the failure to pay any assessment hereinabove set forth within a reasonable time established by the commissioner, the permit shall be revoked.
All such assessments as set forth in this section shall be assessed by the commissioner, collected by him and deposited with the treasurer of the state of West Virginia, to the credit of the operating permit fees fund.
The commissioner shall promulgate rules and regulations which shall provide for a warning of impending blasting to the owners, residents or other persons who may be present on property adjacent to the blasting area.



NOTE: The purpose of this bill is to make quarry law on blasting conform to existing surface mine law and to eliminate distance formulas under existing quarry blasting law, when a seismograph is used to monitor blasting, as is provided under current surface mine law.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.