805 KAR 4:060.
RELATES TO: KRS
KRS Chapter 13A, 351.330, 351.335
AND CONFORMITY: KRS 351.330 requires the Department for Natural Resources to
provide rules and administrative regulations for blasting near public highways,
streams, dwelling houses, public buildings, schools, churches and commercial
and institutional buildings. This administrative regulation provides those
rules and administrative regulations.
Section 1. (1) When
operating within 800 feet of a highway if there is chance of flying rock
landing on the highway, traffic must be stopped at a safe distance. Blasted
material shall not be thrown on a public highway in sufficient quantity to
impede traffic, and any material thrown on a highway shall be removed promptly.
(2) Where a blasting
operation is conducted in the vicinity of an active deep mine, the blaster
shall observe all procedures necessary to secure the health and safety of the
deep mine workers.
(3) Blasting operations
shall be conducted during daylight hours (one-half (1/2) hour before sunrise to
one-half (1/2) hour after sunset) except by special permit issued by the
Department for Natural Resources. Said permit shall be issued on the basis of
(4) If, as a result
of a blast, the vibrational levels are exceeded or material is hurled through
the air causing damage to homes or other property, or causing personal injury
or death, or endangering public safety, health and general welfare in violation
of any standard promulgated by this agency, the department may consider this
due cause for revocation of blaster's license and invoke penalties according to
(5) The contractor
or operator as well as the blaster shall be responsible for the conduct of blasting
on any operation.
contained herein shall relieve the contractor or operator or other persons of
responsibility and liability under any other laws. (E&B-M&M-6; 1 Ky.R.
1074; eff. 6-11-75; Am. 17 Ky.R. 3267; eff. 6-26-91; TAm eff. 8-9-2007; TAm