West Virginia Code of State Rules Agency 199 - Explosives And Blasting
Overview of Agency 199 – Explosives and Blasting
Agency 199 regulates the use of explosives in surface mining operations in West Virginia. Its main objectives are:
Safety – Protect workers, the public, and nearby property from blasting hazards.
Environmental Protection – Minimize damage to land, water, and wildlife.
Accountability – Ensure blasting operations are conducted legally and responsibly.
Public Awareness – Notify communities and individuals potentially affected by blasting.
The rules are codified under Title 199, Series 199-01, and they provide detailed guidance on how blasting operations should be planned, executed, and monitored.
1. General Provisions
Blasting Plans: Operators must submit a detailed blasting plan for approval before conducting any blasts. The plan must include:
Type of explosives used.
Equipment and detonation methods.
Blast size, timing, and frequency.
Safety precautions to protect workers and the public.
Measures to control dust, vibrations, and flyrock.
Public Notification: If a blast involves five pounds or more of explosives, operators must notify:
Local residents and businesses near the blast site.
Local governments and public utilities.
The notification includes a blasting schedule indicating dates and times.
Pre-Blast Surveys: Before blasting, operators conduct surveys of nearby structures to document their condition. This helps:
Establish a baseline for damage claims.
Protect both operators and property owners in case of disputes.
2. Certification of Blasters
To ensure qualified personnel handle explosives:
Certified Blasters: Only certified individuals can store, handle, transport, or use explosives.
Requirements for Certification:
Minimum age: 21 years.
At least one year of active blasting experience within the past three years.
Knowledge of state and federal explosives laws.
Training & Examination: The state provides training and exams to verify competence.
Disciplinary Actions: Certifications can be suspended or revoked for:
Unsafe practices.
Violations of blasting laws.
3. Blasting Procedures
Blasting must follow strict operational procedures to ensure safety:
Warning Signals: Audible signals or announcements before each blast.
Guarding the Blast Area: Ensuring no unauthorized personnel are within a danger zone.
Monitoring Vibrations and Airblast: Using seismographs and other instruments to record:
Ground vibrations.
Air overpressure to prevent property damage.
Blast Timing and Sequencing: Controlled detonation to minimize environmental impact and hazards.
4. Blasting Damage Claims
Property owners affected by blasting can file claims:
Claim Process:
File a claim with the Department of Environmental Protection (DEP).
DEP investigates and determines if blasting caused damage.
Resolution:
Direct resolution with the operator if possible.
Arbitration may be used if disputes cannot be resolved amicably.
5. Explosive Material Fee
Operators are required to pay fees to fund regulatory oversight:
Fee Basis: Calculated on the amount of explosives used.
Use of Funds:
Supports the DEP’s Explosives and Blasting Program.
Funds the Office of Coalfield Community Development.
This ensures the program has sufficient resources to enforce rules and conduct inspections.
6. Inspections and Enforcement
The DEP monitors compliance with rules:
Inspections: Regular site visits to ensure blasting is conducted safely and according to approved plans.
Enforcement Actions: If violations occur, the DEP may:
Issue notices of violation.
Require cessation of blasting operations.
Impose civil penalties or fines.
7. Role of the Surface Mine Board
The Surface Mine Board serves as an oversight and appeals body:
Appeals: Property owners or operators can appeal DEP decisions regarding blasting.
Advisory Role: Provides guidance on blasting standards, safety procedures, and regulatory updates.
Summary
Agency 199 provides a comprehensive regulatory framework for blasting operations in West Virginia. Key points:
Planning and Approval: Blasting plans must be submitted and approved before operations begin.
Safety and Notification: Ensures public safety and informs communities near blast sites.
Qualified Personnel: Only certified blasters can handle explosives.
Monitoring and Compliance: Inspections and seismographs ensure operations are safe.
Damage and Dispute Resolution: Property owners have clear procedures to file claims.
Funding: Explosive material fees fund enforcement and oversight programs.
Overall, the rules balance industry needs, public safety, and environmental protection, ensuring responsible use of explosives in surface mining.
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