What The Surface Mining Law May Mean To Blasting At Stone Quarries

After passage by the Congress, Public Law 95-87, the "Surface Mining Control and Reclamation Act of 1977" was signed by President Carter on August 3, 1977. This law, in its simplest form, was intended to control the environmental effects of surface coal mining and to ensure that mined land is restored to a condition equivalent to that prior to mining. Immediately after the signing, the wheels of government bureaucracy began turning to establish a new federal agency -the Office of Surface Mining Reclamation and Enforcement or OSM -in the Interior Department that would implement the provisions of the Act. Since this took time and because the Congress had not yet provided funding for OSM, a special task force was assembled within the Interior Department to begin the task of writing interim regulations to implement the Act. With respect to the use of explosives, the Act specified that a blasting plan be included in the application for a mining permit. The blasting plan will outline the procedures an operator will use to meet specified environmental protection performance standards. The performance standards established by the Act require explosives to be used only in accordance with existing state and federal laws and regulations and with regulations to be promulgated by the regulatory authority. The regulatory authority was defined as either a state agency operating under an approved state program or the OSM operating under a federal program. As a minimum, it was specified that the regulations should include provisions to require that: 1) a blasting schedule be published in a local newspaper and be mailed to local governments and to all residents living within 1/2 mile of the blasting site . 2) daily notice be given to residents in the area prior to blasting. 3) blast reports be prepared that are maintained for three years and available on request to the public. 4) blasts be designed to prevent injury to persons, damage to property outside the permit area, adverse impacts on underground mines and adverse effects on ground or surface water channels or availability outside the permit area. 5) upon request of residents or property owners within 1/2 mile of the permit area, preblast surveys shall