H.B. 102

1

BLASTING REGULATIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill provides for the regulation of explosives use by a mining operation that blasts
10 within one mile of a residential structure.
11 Highlighted Provisions:
12 This bill:
13 . requires a mining operation that blasts within one mile of a residential structure to
14 comply with local, state, and federal law;
15 . grants rulemaking authority to the Board of Oil, Gas, and Mining to regulate a
16 mining operation that blasts within one mile of a residential structure; and
17 . grants rulemaking authority to the Board of Oil, Gas, and Mining to make rules, in
18 order to prevent injury or damage, that impose further, specific limitations on a
19 blasting mining operation that blasts within one mile of a residential structure.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 40-8-24, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 40-8-24 is enacted to read:
30 40-8-24. Regulation of blasting near a residential structure.
31 (1) A mining operation that uses explosives within one mile of a residential structure
32 may only use explosives in accordance with local, state, and federal law.
33 (2) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
34 Rulemaking Act, make rules that regulate a mining operation's use of explosives within one
35 mile of a residential structure, including rules that require a mining operation to:
36 (a) provide notice of upcoming blasting:
37 (i) generally to the local public; and
38 (ii) specifically to residents living within one mile of the proposed blasting site;
39 (b) maintain a blasting record;
40 (c) mitigate explosives use to meet industry-standard vibration limits;
41 (d) monitor air blasts and ground vibration to ensure operation within industry-standard
42 limits; and
43 (e) upon request of a person who lives in or owns a structure within 1/2 mile of the
44 mining operation, conduct a preblasting survey of that structure.
45 (3) In order to prevent injury or damage caused by a mining operation's use of
46 explosives within one mile of a residential structure, the board may, in accordance with Title
47 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that limit:
48 (a) the type of explosives or detonating equipment used by a mining operation;
49 (b) the size or timing of blasting at a mining operation; or
50 (c) the frequency, in inches per second, of blast vibrations at a mining operation.




Legislative Review Note
as of 1-28-12 9:49 AM

Office of Legislative Research and General Counsel