PRINTER'S NO. 322
No. 318 Session of 1997
INTRODUCED BY MUSTO, STOUT, SALVATORE, WILLIAMS, AFFLERBACH,
O'PAKE, COSTA, RHOADES, THOMPSON, MADIGAN, STAPLETON, MELLOW,
KASUNIC AND BELAN, JANUARY 31, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 31, 1997
AN ACT
1 Regulating the use, storage, purchase and sale of explosive
2 materials; requiring the licensing of persons for the
3 detonation of explosive materials; requiring permits for the
4 purchase and sale of explosive materials; imposing duties on
5 persons who use, store, purchase and sell explosive
6 materials; authorizing the Environmental Quality Board to
7 adopt regulations and the Department of Environmental
8 Protection to enforce and administer the act and regulations;
9 providing for enforcement and remedies; establishing a fund;
10 prescribing penalties; and making repeals.
11 TABLE OF CONTENTS
12 Chapter 1. Preliminary Provisions
13 Section 101. Short title.
14 Section 102. Legislative findings and statement of purpose.
15 Section 103. Definitions.
16 Chapter 3. Storage and Use of Explosives
17 Section 301. Powers and duties of department.
18 Section 302. Powers and duties of board.
19 Section 303. License qualifications and conditions.
20 Section 304. Use of explosive materials.
21 Section 305. Storage of explosive materials.
1 Section 306. Purchase or sale of explosive materials.
2 Section 307. Nontransferability of licenses and permits.
3 Section 308. Municipal ordinances.
4 Section 309. Exceptions.
5 Section 310. Inspections.
6 Section 311. Explosives Safety Fund.
7 Section 312. Blasting effects.
8 Chapter 5. Enforcement
9 Section 501. Injunctive relief.
10 Section 502. Civil penalties.
11 Section 503. Criminal penalties.
12 Section 504. Appeals.
13 Chapter 11. Miscellaneous Provisions
14 Section 1101. Existing licenses and permits.
15 Section 1102. Repeals.
16 Section 1103. Effective date.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 CHAPTER 1
20 PRELIMINARY PROVISIONS
21 Section 101. Short title.
22 This act shall be known and may be cited as the Explosives
23 Safety Act.
24 Section 102. Legislative findings and statement of purpose.
25 (a) Legislative findings.--The General Assembly hereby
26 determines, declares and finds that:
27 (1) the proper handling, use, storage, purchase and sale
28 of explosive materials and components of explosive materials
29 is essential to the safety of the citizens of this
30 Commonwealth, the protection of property and the advancement
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1 of commerce and trade; and
2 (2) the improper and unregulated use, storage, purchase
3 and sale of explosive materials, components of explosive
4 materials and services has endangered human health and safety
5 as well as property and has caused personal injury, property
6 loss and even death.
7 (b) Statement of purpose.--This act shall be deemed to be an
8 exercise of the police powers of the Commonwealth for the
9 general welfare of the people of this Commonwealth. It is the
10 purpose of this act to:
11 (1) Protect the public health, safety and welfare from
12 the improper use, purchase, sale and storage of explosive
13 materials, components of explosive materials and services.
14 (2) Ensure that persons who conduct blasting operations
15 and who purchase, sell and store explosive materials or
16 components of explosive materials are qualified and properly
17 licensed and permitted to do so.
18 (3) Provide a means to train and test persons who are
19 involved with explosive materials.
20 Section 103. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Apprentice blaster." An individual, other than a licensed
25 blaster who conducts blasting activities under the direct
26 personal supervision of a licensed blaster. An apprentice
27 blaster may conduct blasting activity, except detonation, under
28 the direct personal supervision of a licensed blaster.
29 "Blasting activity." All actions associated with the use of
30 explosive materials from the time of delivery of explosive
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1 materials to a worksite to the postblast investigation,
2 including, but not limited to, priming, loading, stemming,
3 wiring or connecting, all necessary safety and monitoring
4 measures and detonation.
5 "Blasting agent." An explosive material which meets
6 prescribed criteria for insensitivity to initiation.
7 "Board." The Environmental Quality Board.
8 "Components of explosive materials." Those substances which
9 can be mixed, blended or combined with one or more other
10 substances to form an explosive material and which are acquired
11 for that purpose.
12 "Construct." To erect or build, or replace, renovate,
13 modernize or expand.
14 "Department." The Department of Environmental Protection of
15 the Commonwealth.
16 "Detonation." Initiation of an explosive reaction that moves
17 through an explosive material at a velocity greater than the
18 speed of sound.
19 "Explosive materials." Any chemical compound, mixture or
20 device that is used or intended for producing an explosion that
21 contains any oxidizing and combustible materials or other
22 ingredients in such proportions or quantities that an ignition
23 by fire, friction, concussion, percussion or detonation may
24 result in an explosion. The term includes, but is not limited
25 to, dynamite and other high explosives, including, but not
26 limited to, nitroglycerine, chlorates, fulminates and plastic
27 explosives; blasting agents, including, but not limited to,
28 slurries, emulsions, water gels and sensitized ammonium nitrate
29 compositions; black powder; initiating explosives; detonators
30 (blasting caps); safety fuses; squibs; detonating cord; and
19970S0318B0322 - 4 -
1 igniters. The term does not include the following:
2 (1) Fireworks, as defined in 49 CFR 173.59 (relating to
3 description of terms for explosives).
4 (2) Devices and things that are excluded from the
5 definition of fireworks in the act of May 15, 1939 (P.L.134,
6 No.65,) referred to as the Fireworks Law.
7 "Factory building." Any building or other structure, other
8 than a magazine, containing explosive materials, in which the
9 manufacture of explosive materials, or any processing involving
10 explosive materials, is carried on a regular basis, and any
11 building where explosive materials are used as a component part
12 or ingredient in the manufacture of any article or device but,
13 does not include a building, structure or vehicle which is
14 mobile or is transported from site to site and in which
15 components of explosive materials are mixed, blended or combined
16 to form an explosive material.
17 "Licensed blaster." An individual who receives, or has
18 received and continues to hold a valid Pennsylvania blaster's
19 license, supervises the implementation of blast plans, detonates
20 blasts, designs blast plans and trains apprentice blasters.
21 "Licensed seismic professional." An individual licensed by
22 the Department of Environmental Resources, who interprets and
23 reports on seismic data.
24 "Magazine." Any specially designed building or structure,
25 other than a factory building, that is approved and licensed for
26 the storage of explosive materials.
27 "Person." Any natural person, partnership, municipality,
28 association, corporation or any agency, instrumentality or
29 entity of Federal or State Government. Whenever used in any
30 provision prescribing and imposing a penalty, the term does not
19970S0318B0322 - 5 -
1 exclude the members of an association or the directors, officers
2 or agents of a corporation.
3 "Purchase." To obtain explosive materials for monetary or
4 other consideration or exchange, or to acquire by any other
5 means, including, but not limited to, theft, as defined in 18
6 Pa.C.S. Ch. 39 (relating to theft and related offenses), or
7 gift.
8 "Sale" or "sell." To transfer explosive materials or
9 services for monetary or other consideration or exchange, or to
10 distribute or transfer by any other means.
11 "Secretary." The Secretary of Environmental Protection of
12 the Commonwealth.
13 "Use." Engaging in blasting activity.
14 CHAPTER 3
15 STORAGE AND USE OF EXPLOSIVES
16 Section 301. Powers and duties of department.
17 The department shall have the power and its duty shall be to:
18 (1) Administer the explosive materials safety program
19 under the provisions of this act.
20 (2) Cooperate with appropriate Federal, State,
21 interstate and local units of government and with appropriate
22 private organizations in carrying out its duties under this
23 act.
24 (3) Regulate the use, storage, purchase, sale and
25 handling of explosive materials and components of explosive
26 materials in this Commonwealth.
27 (4) Issue permits, licenses and orders and specify the
28 conditions thereof, and conduct inspections to carry out the
29 provisions of this act and the regulations adopted under this
30 act.
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1 (5) Enter upon, examine and inspect, as often as is
2 necessary, operations, facilities or areas where explosive
3 materials or components of explosive materials are used,
4 handled or stored to determine that the activity is being
5 conducted in accordance with this act and regulations
6 promulgated under this act.
7 (6) Institute, in a court of competent jurisdiction,
8 proceedings against any person to compel compliance with the
9 provisions of this act, any rule or regulation issued under
10 this act, any order of the department or the terms and
11 conditions of any license or permit.
12 (7) Institute prosecutions against any person under this
13 act.
14 (8) Issue such orders as are necessary to aid in the
15 enforcement of the provisions of this act and the regulations
16 and standards promulgated under this act or remaining in
17 effect under section 1101. These orders may include, but are
18 not limited to, orders suspending or revoking permits and
19 orders requiring persons to cease explosives detonation or
20 blasting activity immediately.
21 (9) Establish standard procedures and measures which
22 shall be followed to provide for notification and monitor the
23 use, storage, purchase, sale and handling of explosive
24 materials and components of explosive materials.
25 (10) Obtain samples and test or analyze blasting agents,
26 components of explosive materials and explosive materials or
27 require such samples be provided or require blasting agents,
28 components of explosive materials and explosive materials be
29 tested or analyzed to insure they are properly identified for
30 purposes of use, storage, purchase, sale and handling.
19970S0318B0322 - 7 -
1 Section 302. Powers and duties of board.
2 (a) Regulations.--The board shall have the power and its
3 duty shall be to adopt regulations as shall be necessary to
4 protect the public health, safety and welfare from the improper
5 use, storage, sale, purchase and handling of explosive materials
6 and components of explosive materials under the provisions of
7 this act. These regulations shall include, but not be limited
8 to, standards and criteria for the use, storage, sale, purchase
9 and handling of explosive materials and components of explosive
10 materials, including inspection of buildings, structures or
11 vehicles where components of explosive materials are combined to
12 form explosive materials but which are not factory buildings,
13 and establishing maximum ground vibration and air overpressure
14 (air blast) limits, regulations governing preblast surveys,
15 blasting plans and blast warning signals.
16 (b) Fees.--
17 (1) The board shall prescribe, by regulation, fees for
18 licenses, permits and storage site inspections, as required
19 by this act, as well as renewals thereof. These fees shall be
20 in an amount not to exceed the cost to the Commonwealth of
21 administering the licensing and permitting programs
22 established by this act.
23 (2) As of the effective date of this act, the following
24 fees are effective until the board promulgates fees, as
25 provided in paragraph (1), by regulation:
26 (i) Storage license application fee, $50.
27 (ii) Storage license annual renewal fee, $50.
28 (iii) Storage site inspection fee, $50.
29 (iv) Blaster's license application fee, $50.
30 (v) Blaster's license annual renewal fee, $10.
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1 (vi) Licensed seismic professional license
2 application fee, $50.
3 (vii) Licensed seismic professional license renewal
4 fee, $10.
5 (c) Reciprocity.--The board may prescribe, by regulation,
6 the requirements and procedures for issuing blasters' licenses
7 under reciprocal recognition of blasters' licenses issued by
8 other states.
9 Section 303. License qualifications and conditions.
10 (a) General qualifications.--Any person is eligible to
11 become an apprentice blaster or a licensed blaster, except a
12 person who meets any of the following:
13 (1) Has shown, by past or continued violations of this
14 act, of the regulations promulgated under this act or other
15 acts regulating blasting and explosive materials, or of other
16 acts amended or repealed by this act, that he is unwilling or
17 unable to comply.
18 (2) Fails and continues to fail to comply with this act,
19 with the regulations promulgated under this act or other acts
20 regulating blasting and explosives, or with any act amended
21 or repealed by this act, or has had a previous blaster's
22 license revoked within the previous five years.
23 (3) Has been convicted within the past five years of any
24 misdemeanor or summary offense involving the use of explosive
25 materials or has been convicted within the past five years of
26 any felony.
27 (4) Is or has been hospitalized or committed for the
28 treatment for the use of alcohol, narcotics or other
29 controlled substance, or has been certified by a medical
30 doctor or doctor of osteopathy as being addicted to alcohol,
19970S0318B0322 - 9 -
1 narcotics or other controlled substances, unless the
2 individual can demonstrate that he is no longer suffering
3 from the drug or alcohol disability.
4 (b) Licensed blaster.--In addition to the restrictions set
5 forth in subsection (a), a licensed blaster shall also meet all
6 of the following:
7 (1) Has served as an apprentice blaster for not less
8 than one year in the previous 18 months prior to seeking
9 licensure under the direct personal supervision of a licensed
10 blaster.
11 (2) Has successfully passed a competency examination
12 administered by the department, upon application.
13 (3) Has successfully completed a training program
14 conducted by the department.
15 (4) Is 21 years of age or older.
16 (5) Has successfully passed a refresher competency
17 examination, if required by the department under regulations
18 promulgated by the board.
19 (6) Has successfully demonstrated comprehensive
20 experience in the design of blast plans.
21 (c) Apprentice blaster.--In addition to the restrictions set
22 forth in subsection (a), an apprentice blaster shall also meet
23 all of the following:
24 (1) Has received basic safety training and training in
25 the use of explosive materials from a licensed blaster.
26 (2) Is under the direct personal supervision of a
27 licensed blaster.
28 (d) Licensed seismic professional.--In addition to the
29 restrictions set forth in subsection (a), a licensed seismic
30 professional shall also meet the department policies and
19970S0318B0322 - 10 -
1 procedures set forth for the licensing of a seismic professional
2 until rules and regulations concerning licensure of seismic
3 professionals are promulgated by the board.
4 (e) Authority of department.--The department is authorized
5 to conduct and approve training programs, conduct examinations,
6 require application fees and require other information to
7 determine that an individual meets the qualifications to obtain
8 a license.
9 (f) Term of license.--The term of any license described in
10 this section shall not exceed one year. The expiration date
11 shall be specified on the license form.
12 (g) Renewal of license.--Application for license renewal
13 shall be made at least 60 days before the expiration of the
14 license on forms provided by the department. License renewals
15 shall be subject to the same qualifications and conditions as
16 the original license issued under this act.
17 Section 304. Use of explosive materials.
18 (a) Design of plans.--All persons who design plans for the
19 use of explosive materials in mining, quarrying, earthmoving,
20 construction, demolition or other applications shall be a
21 blaster licensed to perform that activity.
22 (b) Interpretation of seismic data.--All persons who
23 interpret seismic data collected in relation to blasting
24 activities and submit such data to the department in support of
25 permit applications, compliance investigations or other
26 requirements for seismic analysis of blasting activity shall be
27 licensed seismic professionals.
28 (c) Detonation of explosive materials or supervision of
29 blasting activities.--Any person who detonates explosive
30 materials or supervises blasting activities shall:
19970S0318B0322 - 11 -
1 (1) Be a licensed blaster; however, the department may
2 grant a written exemption to this requirement for research or
3 industrial purposes.
4 (2) Ensure that blasting activities under his
5 supervision, including the detonation of explosive materials,
6 are conducted in a safe manner and in accordance with this
7 act and the regulations promulgated under this act.
8 (3) Personally supervise all apprentice blasters.
9 (4) Complete blast reporting forms, for each blast, that
10 include a description of the blast and the names of all
11 apprentice blasters who aided in the blasting activity.
12 (d) Responsibility when employing other persons.--Any person
13 who employs other persons to detonate, supervise or conduct
14 blasting activity shall be responsible for violations of this
15 act or the regulations promulgated under this act that occur in
16 connection with blasting activities or the detonation of
17 explosive materials.
18 (e) Responsibility when contracting with other persons.--Any
19 person who contracts with other persons to detonate, supervise
20 or conduct blasting activity and is in direct control of the
21 blasting activity, except persons who contract with other
22 persons in connection with the construction of a dwelling, shall
23 be jointly and severally liable with such persons for violations
24 of this act or regulations promulgated under this act that occur
25 in connection with blasting activity or the detonation of
26 explosive materials.
27 Section 305. Storage of explosive materials.
28 (a) Explosives storage magazines.--All explosive materials
29 shall be stored in an explosives storage magazine constructed
30 and maintained in accordance with standards established by the
19970S0318B0322 - 12 -
1 department.
2 (b) Licensure.--All explosives storage magazines shall be
3 licensed by the department. A storage magazine license issued
4 under the act of July 1, 1937 (P.L.2681, No.537), referred to as
5 the Explosives Manufacture, Storage and Possession Law, shall
6 remain in effect until its anniversary date unless suspended or
7 revoked for due cause. A storage license application submitted
8 after the effective date of this act shall be submitted on a
9 form provided by the department. An application, at a minimum,
10 shall:
11 (1) Include plans and specifications for the
12 construction and location of the proposed magazines.
13 (2) Provide for the submission of an application fee.
14 (3) Identify the persons who will be responsible for the
15 magazines.
16 (4) Identify the explosive materials that will be stored
17 in each magazine by type and total quantity.
18 (c) Storage license approval or denial.--The department
19 shall issue a storage magazine license only to a person whose
20 application is complete and accurate and demonstrates that:
21 (1) The magazine will be designed, constructed, located,
22 used and maintained in accordance with this act, the
23 regulations promulgated under this act and other acts
24 regulating blasting and explosives.
25 (2) The explosive materials will be stored in each
26 magazine in accordance with this act, the regulations
27 promulgated under this act and other acts regulating blasting
28 and explosives.
29 (d) Term and renewal of licenses.--The department, pursuant
30 to regulations, may issue or reissue a storage magazine license
19970S0318B0322 - 13 -
1 for a term of up to one year. An application for renewal shall
2 be made at least 60 days prior to the expiration date of the
3 license on forms provided by the department. For the renewal of
4 a magazine license the magazine must meet the requirements of
5 subsection (c)(1).
6 (e) Responsibility when leasing a licensed magazine.--Any
7 person who leases to another person a licensed magazine to store
8 explosive materials and who owns the land upon which the
9 magazine is situated shall be jointly and severally liable with
10 that person for violations of this act or the regulations
11 promulgated under this act that occur in connection with the
12 storage of explosives in magazines by that person.
13 Section 306. Purchase or sale of explosive materials.
14 (a) Permit required.--A person may not purchase or sell any
15 explosive materials for any purpose without a permit from the
16 department.
17 (b) Violations.--Any person who sells explosive materials to
18 another person who does not have a valid purchaser's permit
19 shall be subject to the penalties of this act and shall be
20 jointly and severally liable with that person, without regard to
21 fault, for violations of this act or the regulations promulgated
22 under this act that occur in connection with the use, storage or
23 subsequent sale of the explosives.
24 (c) Applications.--An application for a sales permit or
25 purchase permit shall be submitted to the department in such
26 form as the department may require, but at a minimum shall:
27 (1) Identify the seller or purchaser of the explosive
28 material and the individual who will be responsible for the
29 storage, handling or use of the explosive material.
30 (2) Identify the explosive materials to be purchased or
19970S0318B0322 - 14 -
1 sold by classification as high explosive or low explosive,
2 blasting agent or detonator.
3 (3) For a person purchasing explosive material, specify
4 how the explosive material is to be used and identify the
5 licensed blaster who will be using the explosive material.
6 (d) Permit approval or denial.--The department shall not
7 issue a purchase permit or a sales permit unless an application
8 is complete and accurate and demonstrates that:
9 (1) all of the requirements of this act and the
10 regulations promulgated under this act will be complied with;
11 and
12 (2) if the explosive materials shall be stored, the
13 applicant holds a storage license for explosive materials
14 under this act or is employed by or is under contract with a
15 person who holds a storage license.
16 (e) Duties of persons selling explosive materials.--A person
17 shall not sell explosive materials to any person who:
18 (1) Does not possess an explosives purchase permit under
19 this act.
20 (2) Does not have a valid explosives storage license
21 under this act, unless the explosive material is delivered
22 and is to be used at the site that same working day.
23 (3) Does not possess a valid blaster's license under
24 this act and has no employer who has a valid blaster's
25 license, if the purchaser plans to use the explosives.
26 (f) Duties of persons purchasing explosive materials.--A
27 person shall not purchase explosive materials if he:
28 (1) does not possess an explosive materials purchase
29 permit; or
30 (2) does not possess an explosive materials sale permit
19970S0318B0322 - 15 -
1 under this act if the purchaser plans to sell explosive
2 materials; or
3 (3) does not possess an explosive materials storage
4 license under this act unless the explosive material is to be
5 used that same working day.
6 (g) Term and renewal of permits.--The department, pursuant
7 to regulations, may issue or reissue a purchase or sales permit
8 for a term of up to one year. An application for renewal shall
9 be made at least 60 days prior to the expiration date of the
10 permit on forms provided by the department. Permit renewals are
11 subject to the same conditions and qualifications as issuance of
12 the original permit under this act.
13 (h) Records.--Each person who sells explosive materials and
14 each person who purchases explosive materials shall keep a
15 written record of each transaction. This record shall include
16 the name and address of the purchaser or seller, the dates of
17 sales, and the type, size, manufacturer and weight or volume of
18 the explosive materials involved. This record shall be available
19 for inspection by the department and shall be maintained for a
20 period of five years.
21 (i) Theft.--Each person in possession of explosive materials
22 or components of explosive materials shall, within 24 hours of
23 discovery, report any theft, loss or discrepancy in inventory to
24 the department.
25 Section 307. Nontransferability of licenses and permits.
26 Licenses and permits issued by the department under this act
27 are not transferable.
28 Section 308. Municipal ordinances.
29 (a) General rule.--All local ordinances, regulations and
30 enactments purporting to regulate the use, storage, purchase and
19970S0318B0322 - 16 -
1 sale of explosives are hereby preempted.
2 (b) Permits.--Except for activities regulated under the act
3 of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining
4 Conservation and Reclamation Act, or the act of December 19,
5 1984 (P.L.1093, No.219), known as the Noncoal Surface Mining
6 Conservation and Reclamation Act, a municipality may require any
7 person proposing to conduct blasting activity to receive a
8 permit for such activity from the municipality. A permit may
9 require that any person proposing to conduct blasting activity
10 provide residents and property owners with notice of such
11 activity pursuant to the requirements of this act and
12 regulations adopted by the board.
13 (c) Construction.--Nothing in this act shall be construed to
14 abrogate or modify the preemption of local ordinances,
15 regulations and enactments provided for in the act of May 31,
16 1945 (P.L.1198, No.418), known as the Surface Mining
17 Conservation and Reclamation Act, the act of December 19, 1984
18 (P.L.1093, No.219), known as the Noncoal Surface Mining
19 Conservation and Reclamation Act, or other laws of this
20 Commonwealth governing activities which include the use and
21 storage of explosive materials and blasting agents.
22 Section 309. Exceptions.
23 (a) Official duties.--Nothing contained in this act shall
24 apply to regular law enforcement agencies, to military or naval
25 forces of the United States or to the duly organized military
26 force within this Commonwealth, as long as such persons are
27 acting within their respective official capacities and in the
28 performance of official duties. Except in wartime or
29 emergencies, the off-reservation use, storage and handling of
30 explosive materials shall conform with the requirements of this
19970S0318B0322 - 17 -
1 act.
2 (b) Use for antique firearms or antique devices.--Nothing
3 contained in this act shall apply to the possession and storage
4 of commercially manufactured black powder in quantities not to
5 exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
6 matches and friction primers intended to be used solely for
7 sporting, recreational or cultural purposes in antique firearms
8 or antique devices as defined in 18 U.S.C. § 921(a)(16)
9 (relating to definitions).
10 (c) Materials for reloading for personal use.--Nothing
11 contained in this act shall apply to the possession and storage,
12 for personal use only, of smokeless powder, primers used for
13 reloading rifle or pistol cartridges, shot shells, percussion
14 caps and smokeless propellants.
15 (d) Underground coal mining activities.--Nothing contained
16 in this act shall apply to the use, storage, purchase and sale
17 of explosive materials that are regulated under the act of July
18 17, 1961 (P.L.659, No.339), known as the Pennsylvania Bituminous
19 Coal Mine Act, or under the act of November 10, 1965 (P.L.721,
20 No.346), known as the Pennsylvania Anthracite Coal Mine Act.
21 (e) Coal surface mining.--The provisions of this act shall
22 apply to the use, storage, sale, purchase and handling of
23 explosives in connection with coal surface mining unless there
24 is a direct conflict between this act and section 4.2(b) of the
25 act of May 31, 1945 (P.L.1198, No.418), known as the Surface
26 Mining Conservation and Reclamation Act, or the regulations
27 promulgated thereto, in which case the Surface Mining
28 Conservation and Reclamation Act shall apply.
29 (f) Noncoal surface mining.--The provisions of this act
30 shall apply to the use, storage, sale, purchase and handling of
19970S0318B0322 - 18 -
1 explosive materials in connection with noncoal surface mining
2 unless there is a direct conflict between this act and section
3 11(e) of the act of December 19, 1984 (P.L.1093, No.219), known
4 as the Noncoal Surface Mining Conservation and Reclamation Act,
5 or the regulations promulgated thereto, in which case the
6 Noncoal Surface Mining Conservation and Reclamation Act shall
7 apply.
8 Section 310. Inspections.
9 The department shall have the right to enter and inspect all
10 blasting operations, magazines and establishments where
11 explosives are purchased, sold, stored, handled or used for the
12 purposes of determining compliance with this act and the
13 regulations promulgated under this act. The department shall
14 also have access to and authority to require the reproduction of
15 books, reports, papers, documents and physical evidence
16 pertinent to any matter under investigation.
17 Section 311. Explosives Safety Fund.
18 All funds received by the department under this act from
19 license fees, permit fees and civil or criminal penalties shall
20 be held by the State Treasurer in a special fund, separate and
21 apart from all other moneys in the State Treasury, to be known
22 as the Explosives Safety Fund, and shall be used by the
23 department for education and explosives training programs, for
24 special investigations and equipment and for other purposes
25 involving implementation of this act as the department deems
26 appropriate. All moneys in the fund are hereby appropriated to
27 the department on a continuing basis.
28 Section 312. Blasting effects.
29 (a) Rules and regulations.--The department is authorized to
30 promulgate, by regulation, specific requirements for blasting
19970S0318B0322 - 19 -
1 operations in areas where certain factors are present. These
2 factors may include, but are not limited to the following:
3 (1) Proximity of the proposed blast site to the
4 following:
5 (i) A dwelling or structure.
6 (ii) Active or abandoned underground mine.
7 (iii) Disposal wells.
8 (iv) Petroleum or gas storage facilities.
9 (v) Municipal water storage facilities.
10 (vi) Fluid transmission pipelines.
11 (vii) Gas or oil collection lines.
12 (viii) Water or sewage lines.
13 (ix) Utilities.
14 (x) Gas or oil wells.
15 (2) Presence of geologic features in the area of the
16 proposed blast site that may influence the impact or effect
17 of blasting activities.
18 (3) Population density in the area of the proposed blast
19 site.
20 (4) Such other factors as are determined by the
21 department.
22 (b) Limitations.--When blasting is proposed in an area where
23 one or more of the factors specified in subsection (a) are
24 present, the department may establish site-specific limits on
25 vibration frequency levels, airblast effects, peak particle
26 velocity and any other measures deemed appropriate to control
27 the effects of blasting on public health, safety and property.
28 Limits established under this subsection shall be based on
29 information provided to the department under subsection (c) and
30 other available information.
19970S0318B0322 - 20 -
1 (c) Tests and information.--When blasting is proposed in an
2 area where one or more of the factors specified in subsection
3 (a) are present, the department may require the operator to
4 conduct such measurements, studies and tests and provide such
5 information and data as is necessary to determine acceptable
6 limits under subsection (a).
7 CHAPTER 5
8 ENFORCEMENT
9 Section 501. Injunctive relief.
10 In addition to any other remedy at law or in equity or
11 available under this act, the department may apply for relief by
12 injunction to enforce compliance with or to restrain violations
13 of this act or any regulations, license condition, permit
14 condition or order made under this act. The remedy prescribed in
15 this section shall be deemed concurrent or contemporaneous with
16 any other remedy, and the existence or exercise of any remedy
17 shall not prevent the exercise of any other remedy. In addition
18 to an injunction, the court, in an equity proceeding, may levy
19 civil penalties as specified in section 502.
20 Section 502. Civil penalties.
21 (a) Authority to assess.--In addition to proceeding under
22 any other remedy available at law or in equity for a violation
23 of this act, of a regulation, of an order of the department or
24 of a condition of any permit or license issued under this act,
25 the department may assess a civil penalty for a violation. This
26 penalty may be assessed whether or not the violation was
27 willful. The civil penalty assessed shall not exceed $5,000 per
28 day for each violation that leads to the issuance of a cessation
29 order, permit suspension or revocation, or license suspension or
30 revocation. For all other violations, the civil penalty assessed
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1 shall not exceed $2,000 per day for each violation. In
2 determining the amount of the civil penalty, the department
3 shall consider the willfulness of the violation, damage or
4 injury to persons or property, the seriousness of the violation,
5 damage to water, land, or other natural resources of this
6 Commonwealth, costs of restoration, and other relevant factors.
7 (b) Procedure when penalty is assessed.--When the department
8 assesses a civil penalty, the secretary or his designee shall
9 inform the person of the amount of the penalty. The person
10 charged with the penalty shall then have 30 days to pay the
11 penalty in full or, if the person wishes to contest either the
12 amount of the penalty or the fact of the violation, forward the
13 proposed amount to the Environmental Hearing Board for placement
14 in an escrow account with the State Treasurer or any
15 Pennsylvania bank, or post an appeal bond in the amount of the
16 penalty. The bond shall be executed by a surety licensed to do
17 business in this Commonwealth and shall be satisfactory to the
18 department. If, through administrative or judicial review of the
19 proposed penalty, it is determined that no violation occurred or
20 that the amount of the penalty shall be reduced, the
21 Environmental Hearing Board shall, within 30 days, remit the
22 appropriate amount to the person with any interest accumulated
23 by the escrow deposit. The penalty amount determined to be
24 proper by the Environmental Hearing Board shall be forwarded to
25 the department within 30 days of the board's determination for
26 deposit in the Explosives Safety Fund in the State Treasury.
27 Failure to forward the money or the appeal bond to the
28 Environmental Hearing Board within 30 days shall result in a
29 waiver of all legal rights to contest the violation or the
30 amount of the penalty.
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1 (c) Assessment entered as judgment.--The amount assessed
2 after administrative hearing or after waiver of administrative
3 hearing shall be payable to the Commonwealth and shall be
4 collectable in any manner provided under law for the collection
5 of debts. If any person liable to pay this penalty neglects or
6 refuses to pay the penalty after demand, the amount, together
7 with interest and any costs that may accrue, shall constitute a
8 judgment in favor of the Commonwealth upon the personal and real
9 property of the person from the date it has been entered and
10 docketed or recorded by the prothonotary of the county where the
11 property is situated. The department may, at any time, transmit
12 to the prothonotaries of the respective counties certified
13 copies of all judgments, and it shall be the duty of each
14 prothonotary to enter and docket the same of record, and to
15 index it as judgments are indexed, without requiring the payment
16 of costs as a condition precedent to the entry thereof. Any
17 other provision of law to the contrary notwithstanding, there
18 shall be a statute of limitations of five years upon actions
19 brought by the Commonwealth under this section.
20 Section 503. Criminal penalties.
21 (a) Failure to obtain license or permit.--A person who
22 conducts blasting activity without a blaster's license,
23 constructs a magazine or stores explosives without a storage
24 permit, purchases explosives without a purchase permit, or sells
25 explosive materials or services without a sales permit, as
26 provided in this act commits a misdemeanor and shall, upon
27 conviction, be sentenced to pay a fine of not less than $10,000
28 nor more than $50,000 for each separate offense or to
29 imprisonment for a period of not more than one year, or both.
30 (b) Violations in general.--A person who violates this act,
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1 a rule or regulation of the department, an order of the
2 department or a condition of a permit or license issued under
3 this act commits a summary offense and shall, upon conviction,
4 be sentenced to pay a fine of not less than $100 nor more than
5 $10,000 for each separate offense, and, in the default of
6 payment of the fine, to imprisonment for a period of not more
7 than 90 days.
8 (c) Willful or negligent violations.--A person who willfully
9 or negligently violates this act, a rule or regulation of the
10 department, an order of the department or a condition of a
11 permit or license issued under this act commits a misdemeanor of
12 the third degree and shall, upon conviction, be sentenced to pay
13 a fine of not less than $2,500 nor more than $25,000 for each
14 separate offense or to imprisonment for a period of not more
15 than one year, or both.
16 (d) Subsequent violations.--A person who, after a conviction
17 of a misdemeanor for a violation within two years as above
18 provided, willfully or negligently violates this act, a rule or
19 regulation of the department, an order of the department or a
20 condition of any permit or license issued under this act commits
21 a misdemeanor of the second degree and shall, upon conviction,
22 be subject to a fine of not less than $2,500 nor more than
23 $50,000 for each separate offense or to imprisonment for a
24 period of not more than two years, or both.
25 (e) Each day a separate violation.--Each day of continued
26 violation of this act, a regulation of the department or a
27 permit or license condition or order of the department issued
28 under this act shall constitute a separate offense for purposes
29 of subsections (a) through (d).
30 (f) Jurisdiction and appeals.--All summary proceedings under
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1 this act may be brought before any district justice of the
2 county where the offense occurred or in the county where the
3 public is affected, and, to that end, jurisdiction is hereby
4 conferred upon such district justices, subject to appeal by
5 either party in the manner provided by law. In the case of any
6 appeal from any conviction in the manner provided by law for
7 appeals from summary convictions, it shall be the duty of the
8 district attorney of the county to represent the interests of
9 the Commonwealth.
10 Section 504. Appeals.
11 Any person aggrieved by any final action of the department
12 under this act may appeal the department's action as provided in
13 the act of July 13, 1988 (P.L.530, No.94), known as the
14 Environmental Hearing Board Act, and rules and regulations
15 promulgated thereunder.
16 CHAPTER 11
17 MISCELLANEOUS PROVISIONS
18 Section 1101. Existing licenses and permits.
19 All orders, permits, licenses, decisions and actions of the
20 department and regulations of the board pertaining to operations
21 regulated under this act shall remain in full force and effect
22 unless and until modified, repealed, suspended, superseded or
23 otherwise changed under the terms of this act and the
24 regulations promulgated under this act. A license issued under
25 the act of July 10, 1957 (P.L.685, No.362), referred to as the
26 Explosives Use Regulation Law, shall remain in effect until its
27 anniversary date. At that time, the license may be renewed under
28 section 303(g) of this act.
29 Section 1102. Repeals.
30 (a) Absolute.--The act of July 10, 1957 (P.L.685, No.362),
19970S0318B0322 - 25 -
1 referred to as the Explosives Use Regulation Law is repealed.
2 (b) Other.--The act of July 1, 1937 (P.L.2681, No.537),
3 referred to as the Explosives Manufacture, Storage and
4 Possession Law, is repealed except insofar as that act applies
5 to the manufacture of explosives.
6 Section 1103. Effective date.
7 This act shall take effect in 60 days.
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