The commission shall adopt rules to do the following:

1. (1) Require the permittee to provide reasonable advance written notice to local governments and residents who might be affected by the use of the explosives by:

   1. (A) publication of the planned blasting schedule in a newspaper of general circulation in the county in which the blasting will occur;
   2. (B) mailing a copy of the proposed blasting schedule to every resident living within one-half (1/2) mile of the proposed blasting site; and
   3. (C) providing daily notice to persons living in the areas before any blasting.

2. (2) Require the permittee to maintain for at least three (3) years and make available for public inspection upon request a log detailing the following:

   1. (A) The location of the blasts.
   2. (B) The pattern and depth of the drill holes.
   3. (C) The amount of explosives used per hole.
   4. (D) The order of and length of delay in the blasts.

3. (3) Limit the type of explosives and detonating equipment and the size, timing, and frequency of the blasts based upon the physical conditions of the site to prevent the following:

   1. (A) Injury to persons.
   2. (B) Damage to public and private property outside the permit area.
   3. (C) Adverse impacts on an underground mine.
   4. (D) Change in the course, channel, or availability of ground or surface water outside the permit area.
4. (4) Require that all blasting operations are conducted by trained and competent persons certified by the director.

5. (5) Provide that upon the request of a resident or an owner of a manmade dwelling or structure within one (1) mile of any part of the permitted area, the applicant for the surface coal mining and reclamation permit or the permittee shall conduct a preblasting survey of those structures and submit the survey to the director and a copy to the resident or owner making the request. The director shall determine the area of the survey. The applicant or the permittee shall do the following:

   1. (A) Notify the public, by publication at least one (1) time a week for four (4) consecutive weeks in a local newspaper of general circulation in the county in which the blasting will occur, that the applicant or permittee will conduct a preblasting survey upon request by a resident or an owner of a manmade dwelling or structure within one (1) mile of any part of the permitted area.

   2. (B) Send written notice to each resident or owner of a manmade dwelling or structure within one-half (1/2) mile of any part of the permitted area that the resident or owner is entitled to a preblasting survey upon request.

      [Pre-1995 Recodification Citation: 13-4.1-10-2.]

As added by P.L.1-1995, SEC.27.