You asked whether other states have statutes or regulations that address the vibrations and noise caused by quarrying and related industries and their impacts on nearby property owners.

SUMMARY

We did not find any states that specifically regulate noise and vibrations produced by quarrying or their impacts on nearby property owners. Mining laws in Kentucky and West Virginia cover quarrying, and have provisions regulating blasting. North Carolina and Wyoming mining laws apply to large quarries, but do not specifically address noise or vibrations caused by quarrying. Arkansas has a law (Ark. Code Ann. § 15-57-401 -15-57-414) and Missouri has regulations (10 Mo. CSR § 40-10) regulating quarrying but they deal primarily with reclamation and do not address noise or vibrations.

In addition, at least 15 states (Alabama, Arkansas, Colorado, Illinois, Indiana, Kentucky, Michigan, Mississippi, Minnesota, New Mexico, North Dakota, Oregon, Pennsylvania, Texas, and Utah) have statutes or regulations governing coal mining. Many of these laws have provisions restricting blasting and require the coal mine operator to give neighboring property owners notice of his or her activities. In addition, North Dakota provides for the removal of minerals such as stone, gravel, and clay, found during surface coal mining operations. In order to mine such minerals, the mining company must demonstrate that such removal is lawful and will protect the environment and public health and safety and will achieve reclamation consistent with the law (N. D. Cent. Code § 38-14. 1-01).

In addition to the laws described in this report, local governments may be able to regulate quarrying, including hours of operation, under their local zoning laws. Finally, a property owner who believes that quarrying has harmed him or his property may have a cause of action at common law under theories of nuisance and hazard.

KENTUCKY

Kentucky mining regulations (405 Ken. Admin. Regs. Ch. 5, http: //www. lrc. ky. gov/kar/405/005/015. htm) govern the mining of sand, gravel, clay, and several other minerals. The regulations also cover the surface disturbance of dredging of river or creek sand and gravel.

The regulations require persons who engage in such mining or related activities to obtain a permit from the state. They prohibit anyone engaged in a mineral operation from engaging in any activities that will result in a condition or constitute a practice that creates an imminent danger to the health or safety of the public. It also prohibits such persons from engaging in any activities that will result in a condition or constitute a practice that causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources. The mineral operations must be conducted in a way that minimizes damage, destruction, or disruption of services provided by wells and utility lines that pass over, under, or through the mineral operation, unless otherwise approved by the owner of these facilities and the state. If any emergency conditions arise that threaten the life, health, or property of the public, the mining firm must immediately notify the threatened person or persons and take all reasonable actions to eliminate the condition creating the emergency. It also must immediately notify the state, local law enforcement officials, and local government officials of the emergency.

The proposed permit area cannot be within 300 feet, measured horizontally, of a public park, public building, school, church, or community or institutional building. If blasting will occur within 300 feet of an occupied dwelling or if mineral extraction will occur within 100 feet of an occupied dwelling, the permit application must contain a waiver from the owner approving the activity.

Any person whose interests are or may be harmed by the issuance of the application may request that the state hold an informal conference on any application for a permit. The conference must be held within fifteen days of the date of the request.

No permit application and no mineral operation can be approved, unless the application demonstrates that, among other things, the proposed operation will not jeopardize or do physical damage to life, or to an occupied dwelling, public building, school, church, cemetery, commercial or institutional building, public road, stream, lake, other public property, or to members of the public or their property. The application must also demonstrate that all necessary measures will be taken to eliminate the hazards or damages caused by mining.

If blasting is planned for the proposed mineral operation, it must be conducted in accordance with the laws and regulations of the Division of Mines and Minerals (805 Ken. Admin. Regs. chapter 4).

WEST VIRGINIA

West Virginia has a law (W. Va. Code § 22-4-13), that governs blasting in conjunction with quarrying. The blasting requires a state permit and a plan of each operation's methods for compliance with the law must be submitted to the Division of Environmental Protection with the permit application. Where blasting of overburden or mineral is necessary, it must be done in accordance with established principles for preventing injury to persons and damage to residences, buildings and communities. The blasting requires the use of seismic monitors when the amount of the explosives exceeds specified amounts, which vary by the distance to the nearest residence. The law establishes maximum ground vibration levels, although these limits do not apply if the affected structures are owned and occupied by the permittee, or are leased by him and the lessee signs a waiver. The law also imposes noise limits for blasting. The limit varies from 129 decibels to 134 decibels, depending on the frequency of the air blast.

Access to the blast area must be controlled to prevent unauthorized persons entering the area during blasting and until an authorized person has reasonably determined that (1) no unusual circumstances exist, such as imminent slides or undetonated charges, and (2) access to and travel in or through the area can be safely resumed.

Blasting within 1,000 feet of a residence or other protected structure must have a site specific blast design plan. The plan must limit the type of explosive and detonating equipment, and the size, timing, and frequency of blasts. It must do so to prevent injury to persons, damage to public and private property outside the permit area, and adverse impacts to any underground mine. It also must be designed to minimize dust outside the permit area.

Violation of these provisions is subject to a $ 500 to $ 1,000 fine for a first offense and $ 1,000 to $ 5,000 for a second offense in any permit year. The permit must be revoked for a third offense in a permit year or for failing to pay any assessment.

The law is available at http: //www. legis. state. wv. us/WVCODE/22/masterfrmFrm. htm.

NORTH CAROLINA

State law (N. C. Code § 74-16 et seq. ) requires anyone engaged in mining (including the extraction of sand, gravel and other minerals) to obtain a permit from the Department of Environmental and Natural Resources. Permit applicants must make a reasonable effort to notify

1. the chief administrative officer of each county and municipality in which any part of the permitted area is located;

2. the owners of land adjoining the area that lies within 1,000 feet of the permit boundaries; and

3. the owners of record of land that lies directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way and that lies within 1,000 feet of the permit boundaries.

The notice must inform the owners and chief administrative officers of the opportunity to submit written comments to the department regarding the proposed mining operation and give them an opportunity to request a public hearing regarding the proposed mining operation.

The department may deny the permit upon finding, among other things, that the mining operation will (1) have unduly adverse effects on potable groundwater supplies; (2) violate the department's standards of air, surface water, or groundwater quality; or (3) constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling, school, church, hospital, commercial or industrial building, public road or other public property. The department can impose conditions on the permit, including that the permit holder plant a vegetative screen.

These provisions do not apply activities of firms under contract to the state Department of Transportation. They do not supersede local zoning laws so long as they do not conflict with the statute, and do not impair private actions based on nuisance or hazard.

The law is available online at http: //www. ncleg. net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_74/Article_7. html.

WYOMING

The state's mining laws (Wyo. Rev. Stat. § 35-11-401 et seq. ) apply to large scale quarrying operations. They do not apply to surface mining operations for the removal of sand, gravel, and certain other products from an area of ten acres or less under certain conditions. The conditions are that (1) the operator has written permission for the operation from the owner and lessee, if any, of the surface; and (2) the operator notifies the Land Quality Division (LQD) of the Department of Environmental Quality and the inspector of mines within the Department of Employment of the location of the land to be mined and the operator's address before beginning operations.

Operators of larger quarries must obtain a license from the LQD. A separate permit is needed for surface coal mines. The operator of any mining operation must prepare a surface mining plan which requires the division's approval. The statutes do not specifically address vibration or noise.

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