Subchapter C. PERMITS

 (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.

 (a)  An application for a permit to sell explosives shall:

   (1)  Identify the applicant’s name, address, telephone number and type of business.

   (2)  Identify a contact person, including name, title and telephone number.

   (3)  Specify the type of explosives to be sold.

   (4)  State whether the applicant will purchase or manufacture the explosives to be sold.

   (5)  For in-State sellers, include the applicant’s magazine license number, if applicable.

 (b)  Permits to sell explosives are not transferable.

 (c)  Permits to sell explosives expire on April 30 of each year. If the Department receives a complete renewal application by April 30, the permittee may continue to operate under the current permit until the Department acts on the renewal application.

 (d)  A permit to sell explosives shall:

   (1)  Identify the permittee.

   (2)  Specify the type of explosives that the permittee may sell.

 (a)  An application for a permit to purchase explosives shall:

   (1)  Identify the applicant’s name, address, telephone number and type of business.

   (2)  Identify a contact person, including name, title and telephone number.

   (3)  Identify the location and license number of the magazine to be used for storing the explosives, if applicable.

   (4)  Specify the type of explosives that will be purchased.

   (5)  Specify whether the explosives are being purchased for sale or use by the permittee.

 (b)  Permits to purchase explosives are not transferable.

 (a)  An application for a blasting activity permit shall be prepared by a blaster and shall include:

   (1)  The applicant’s name, address, telephone number and type of business.

   (2)  A contact person’s name, title and telephone number.

   (3)  The identity of independent subcontractors who will be performing the blasting activities.

   (4)  The type of explosives to be used.

   (5)  The maximum amount of explosives that will be detonated per delay interval of less than 8 milliseconds.

   (6)  The maximum amount of explosives that will be detonated in any one blast.

   (7)  A map indicating the location where the explosives will be used.

   (8)  The purpose for which the explosives will be used.

   (9)  The location and license number of the magazine that will be used to store the explosives, if applicable.

   (10)  A description of how the monitoring requirements of Subchapter G (relating to requirements for monitoring) will be satisfied.

   (11)  Proof of third party general liability insurance in the amount of $300,000 or greater per occurrence. This requirement is not applicable if the permittee is a noncoal surface mine operator who produces no more than 2,000 tons (1,814 metric tons) of marketable minerals per year from all its noncoal surface mining operations.

   (12)  The anticipated duration of the blasting activity for which the permit is needed.

   (13)  The anticipated days of the week and times when blasting may occur.

   (14)  The distance and direction to the closest building not owned by the permittee or its customer.

   (15)  Other information needed by the Department to determine compliance with applicable laws and regulations.

   (16)  The printed name, signature and license number of the blaster who prepared the application.

   (17)  Proof that residents within 200 feet (65.61 meters) of the blast site were informed of the proposed blasting operation. This notification could be a personal notification, written material left at each residence, or first class mail. The notification will provide general information about the blasting operation including the duration of the operation.

 (b)  Blasting activity permits are not transferable.

 (c)  The blasting activity permit shall specify:

   (1)  The blasting activity permittee.

   (2)  Any independent subcontractors performing work under this permit.

   (3)  Limits on particle velocity and airblast.

   (4)  The types of explosives that may be used.

   (5)  The duration of the permit.

   (6)  Other conditions necessary to ensure that the proposed blasting activity complies with the applicable statutes and this chapter.

 (a)  A person shall be deemed to have a permit for a blasting activity if:

   (1)  The blasts are designed and performed for a scaled distance of 90 or greater.

   (2)  No more than 15 pounds (6.81 kilograms) of explosives are detonated per delay interval of less than 8 milliseconds.

   (3)  The total charge weight per blast does not exceed 150 pounds (68.18 kilograms).

   (4)  The person notifies the Department either verbally, in writing, or by other means approved by the Department prior to the initial blast. If the person gives verbal notification, a written notice shall be received by the Department within 5 working days. The notification shall indicate the following information for all blasts that will occur under this permit:

     (i)   The identity of the person.

     (ii)   The location where the blasting will occur.

     (iii)   The purpose of the blasting.

     (iv)   The distance to the nearest building not owned or leased by the person or its customer.

     (v)   The days of the week and times when blasting may occur.

     (vi)   The duration of blasting activities under this permit by rule.

     (vii)   The minimum scaled distance.

     (viii)   The maximum weight of explosives detonated per delay period of less than 8 milliseconds.

     (ix)   The maximum total weight of explosives per blast.

     (x)   A contact person and telephone number.

   (5)  Blast reports are completed in accordance with §  211.133 (relating to blast report).

   (6)  The other monitoring and performance standards of this chapter are met.

 (b)  The Department may revoke a blasting activity permit by rule under one of the following:

   (1)  The permittee has demonstrated an unwillingness or inability to comply with the applicable regulations.

   (2)  The blasting activity possesses a sufficient risk of harm to the public or the environment to warrant an individual blasting activity permit.