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(1) The operator shall publish a blasting schedule at least ten days, but not more than 20 days, before beginning a blasting program in which blasts that use more than five pounds of explosive or blasting agent are detonated. The blasting schedule must be published once in a newspaper of general circulation in the locality of the blasting site.

(2) Copies of the schedule must be distributed by mail to local governments and public utilities and by mail or delivered to each residence within 1/2 mile of the permit area described in the schedule. For the purposes of this section, the permit area does not include haul or access roads, coal preparation and loading facilities, and transportation facilities between coal excavation areas and coal preparation or loading facilities, if blasting is not conducted in these areas. Copies sent to residences must be accompanied by information advising the owner or resident how to request a preblasting survey.

(3) The operator shall republish and redistribute the schedule by mail at least every 12 months.

(4) A blasting schedule must not be so general as to cover the entire permit area or all working hours, but it must identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur.

(5) The blasting schedule must contain at a minimum:

(a) name, address and telephone number of the operator;

(b) identification of the township, range and section for specific areas in which blasting will take place;

(c) days and time periods when explosives are to be detonated;

(d) methods to be used to control access to the blasting area;

(e) types of audible warnings and all-clear signals to be used before and after blasting; and

(f) a description of unavoidable hazardous situations referred to in ARM 17.24.310(1)(f) that have been approved by the department for blasting at times other than those described in the schedule.

(6) Before blasting in areas or at times not in a previous schedule, the operator shall prepare and distribute a revised blasting schedule according to the procedures of (1) and (2). Whenever a schedule has previously been provided to the owner or residents under (2) with information on requesting a preblasting survey, the notice of change need not include information regarding preblast surveys.

(7) If there is a substantial pattern of non-adherence to the published blasting schedule as evidenced by the absence of blasting during scheduled periods, the department may require the operator to prepare a revised blasting schedule according to the procedures in (6).

History: 82-4-204, MCA; IMP, 82-4-231, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 1999 MAR p. 2168, Eff. 12/3/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2012 MAR p. 737, Eff. 4/13/12.

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