(a) When blasting of overburden or mineral is necessary within the City of Lewisburg, such blasting shall be done in accordance with established principles for preventing vibration damage to residences, buildings and other property located in the City of Lewisburg.
(b) Such blasting shall be considered in compliance with the provisions of this Ordinance 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) (squared). Where W = weight in pounds of explosive detonated at any one instant time, the D = distance in feet from the nearest point of blast to nearest residence, building or structure: that explosive charges shall be considered to be detonated at one time if their detonation occurs within eight milliseconds of each other.
(2) Where blast size would exceed under subsection (b)(1) hereof, blast shall be detonated by the use of delay detonators (either electric or not electric) to provide detonation times separated by nine milliseconds or more for each of the blasts complying with the scaled distance of the formula.
(3) A plan of each blasting operation's methods for compliance with this section (blast delay design) for typical blast which shall be adhered to in all blasting within the City of Lewisburg, shall be submitted to the City of Lewisburg with the application for a permit. It shall be accepted if it meets the scaled distance formula established in subsection (b)(1) hereof.
(4) Records of each blast shall be kept in a log to be maintained for at least three (3) 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,
D. Total explosives and 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 City of Lewisburg establishes that the scaled distance formula and the approved preplan are not being adhered to, the following penalty shall be imposed:
A. For the first offense in any one permit year under this Ordinance, the permit holder shall be assessed a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000);
B. For the second offense in any one permit year under this Ordinance, the permit holder shall be assessed a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000);
C. For the third offense in any one permit year under this Ordinance or for the failure to pay any assessment hereinabove set forth within a reasonable time established by the Mayor of the City of Lewisburg, the permit shall be revoked.
All such assessments as set forth in this Ordinance shall be determined by the City Council for the City of Lewisburg, and shall be collected by the Mayor of the City of Lewisburg or his designated agent.
D. Each operator who shall make application for a permit under this Ordinance, at the time such permit is requested, furnish bond on a form to be prescribed and furnished by the City of Lewisburg, payable to City of Lewisburg and conditioned that the operator shall faithfully perform all the requirements of this Ordinance. The amount of the bond shall be determined at the discretion of the Mayor. The minimum amount of bond furnished shall be one thousand dollars ($1,000). Such bond shall be executed by the operator and a corporate surety licensed to do business in the State of West Virginia. Provided, however, that in lieu of corporate surety, the operator may elect to deposit with the Mayor cash in the amount of the bond.
E. Only a certified "shot firer" as determined by the Mayor shall be permitted to handle explosives.
F. It shall hereafter be unlawful for any person to blast or overburden minerals without having first obtained from the City of Lewisburg a permit therefore. Application for a blasting permit shall be made in writing on forms prescribed by the City of Lewisburg and shall be signed and verified by the applicant, containing such information as the City of Lewisburg, may reasonably require. The application fee shall be fifty dollars ($50.00) per 1,000 cu. yds. of material moved or one acre of surface disturbed with a minimum fee of fifty dollars ($50.00).
G. Blasting without a permit shall be punishable on the first offense by a fine not exceeding one hundred ($100.00). Second and subsequent offenses by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment not exceeding thirty (30) days. Each day of violation shall constitute a separate offense.
H. The permit shall be valid for one (1) year from its date of issue.
(Passed 2-15-94.)