You asked if municipalities can adopt pre-blast ordinances.

The law gives the public safety commissioner exclusive jurisdiction over blasting. Thus, towns do not appear to have the authority to adopt blasting ordinances. But at least two towns, Rocky Hill and Waterbury, have adopted such ordinances.

Under the law, the commissioner has:

exclusive jurisdiction in the preparation of and may enforce reasonable regulations for the safe and convenient storage, transportation and use of explosives and blasting agents used in connection therewith, which regulations shall deal in particular with the quantity and character of explosives and blasting agents to be stored, transported and used, the proximity of such storage to inhabited dwellings or other occupied buildings, public highways and railroad tracks, the character and construction of suitable magazines for such storage, protective measures to secure such stored explosives and blasting agents and the abatement of any hazard that may arise incident to the storage, transportation or use of such explosives and blasting agents (CGS § 29-349).

The Rocky Hill ordinance, which is attached, requires:

1. contractors to provide a blasting schedule at least seven days before blasting;

2. blasting schedules to be made available to area property owners “based on the scaled distance formula or within 250 feet, whichever is greater”;

3. pre-blast building surveys;

4. copies of pre- and post-blast surveys, seismograph records, and proof of seismograph calibration to be made available to the fire marshal;

5. seismographs to be placed at the blasting site to monitor ground vibrations;

6. blasting charges to start at the lowest reasonable point and not exceed a specified level;

7. steel cable matting, rubber tire matting, or both to be in place for each blast;

8. contractors to maintain on file a certificate of insurance at the fire marshal's office; and

9. blasting to be done only between 9: 00 a. m. and 3: 00 p. m. on Mondays through Fridays.

A 2005 Public Safety bill (HB 6196) required the public safety commissioner to adopt regulations prohibiting anyone from conducting blasting activity without giving property owners within one-half mile of the blasting site at least one month's notice. The stated purpose of the bill was to protect private residential wells from contamination caused by blasting activity. The bill died in committee after a public hearing.

Copies of the law and bill are attached. We will send you a copy of Waterbury's ordinance when we receive it.

VR: ro