Current through Register Vol. 54, No.43, October 26, 2024
Section 211.121 - General requirements(a) Except as otherwise provided in this subchapter, a person may not engage in blasting activities 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not required for the use of fireworks governed by the act of May 15, 1939 (P.L. 134, No. 65) (35 P.S. §§ 1271-1278) (Repealed).(c) A permit issued under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1-1396.19b) or the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301-3326), and the regulations promulgated thereunder, authorizing blasting activity acts as a blasting activity permit issued under this chapter.(d) An application for a permit to conduct blasting activities must 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 a person who either: (1) Fails to comply with this chapter or a condition of a permit issued under this chapter or an order issued to enforce this chapter.(2) Demonstrates an inability or lack of intention to comply with this chapter as indicated by past or continuing violations.(f) The permittee, the blasting contractor listed on the permit and the blaster-in-charge of any blasts conducted on a permit shall comply with the approved application, the permit and this chapter.The provisions of this §211.121 amended August 21, 2015, effective 8/22/2015, 45 Pa.B. 4904; amended June 22, 2018, effective 6/23/2018, 48 Pa.B. 3711.The provisions of this §211.121 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a) and 1396.4b); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-17 and 510-20); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. §§ 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. §§ 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).