§ 211.121. General requirements.

 (a)  Except as otherwise provided in this subchapter, a person may not engage in blasting activities, or sell or purchase explosives in this Commonwealth without first obtaining the appropriate permit from the Department issued under this chapter.

 (b)  Permits under this chapter are not required for the sale, purchase or use of fireworks governed by the act of May 15, 1939 (35 P. S. § §  1271—1277).

 (c)  A permit issued under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a), or the Noncoal Surface Mining and Conservation and Reclamation Act (52 P. S. § §  3301—3326), and the regulations promulgated thereunder, authorizing blasting activity shall act as a blasting activity permit issued under this chapter.

 (d)  An application for a permit for the sale or purchase of explosives or to conduct blasting activities shall be on a form provided by the Department. A permit will not be issued unless the application is complete and demonstrates that the proposed activities comply with the applicable requirements of this chapter. The Department will notify applicants of an incomplete application and identify the items necessary to complete the application. The permittee shall comply with the approved application, the permit and this chapter.

 (e)  The Department will not issue a permit to any person who has either:

   (1)  Failed and continues to fail to comply with this chapter or a condition of a permit issued under this chapter or an order issued to enforce this chapter.

   (2)  Demonstrated an inability or lack of intention to comply with this chapter as indicated by past or continuing violations.