405 KAR 5:042. Blasting.


      RELATES TO: KRS 350.010(2), 350.240, 350.300

      STATUTORY AUTHORITY: KRS 350.028, 350.029, 350.240, 350.300

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.028 authorizes the Environmental and Public Protection Cabinet to promulgate administrative regulations pertaining to noncoal mineral operations to minimize their adverse effects on the citizens and the environment of the commonwealth. KRS 350.029 authorizes the cabinet to promulgate reasonable administrative regulations to establish effective programs for the control of surface soil disturbance in connection with mining as defined by the Interstate Mining Compact. KRS 350.240 authorizes the cabinet to promulgate reasonable administrative regulations for the reclamation of land disturbed or removed in the mining of clay. KRS 350.300 authorizes the cabinet to formulate and establish an effective program and standards for the conservation and use of mined land. This administrative regulation establishes requirements for the use of explosives by noncoal mineral operations.


      Section 1. General. (1) If blasting is planned for the proposed mineral operation, it shall be conducted in accordance with the laws and administrative regulations of the Kentucky Division of Mines and Minerals, 805 KAR Chapter 4.

      (2) If flyrock falls outside the permit boundary, or if property damage occurs outside of the permit boundary, as a result of flyrock, then appropriate mitigative measures shall be taken, as determined by the cabinet based upon the nature and scope of the environmental and property damage.


      Section 2. Blasting Signs. Warning signs shall be posted if explosives are to be used, in accordance with 405 KAR 5:036E. (30 Ky.R. 2431; eff. 8-26-2004.)