ARTICLE XIV. - EXTRACTION OPERATION REGULATIONS
Sec. 16-405. - Control of adverse effects.
Sec. 16-406. - Burning of hazardous waste prohibited.
Sec. 16-407. - Beneficial concept reuse plan.
Sec. 16-408. - Public health, safety and welfare.
Sec. 16-409. - Enforcement and inspection.
In order to promote the health, safety, and welfare of those who work or reside near extraction operations, and to protect air quality and the water resources of the city, the regulations in this article are applicable to extraction operations.
(Ord. No. 87907, § 5, 6-4-98)
As used in this article, the following words and phrases shall have the definitions ascribed to them by this section.
Blasting shall mean the practice or occupation of extracting heavy masses of rock, or other materials imbedded in the ground, by means of explosives.
Extraction operation shall mean the use of a lot or tract of land primarily for extraction of materials (including limestone, rock, sand, gravel, or soil, but not oil or natural gas) for any purpose including such extraction performed in a special district as identified in section 35-3171 or 35-3230 of this Code.
Extraction site shall mean the location of materials or rock removal or extraction operations as delineated by a plat, site plan or a certificate of occupancy.
Regulatory authority shall mean the San Antonio Fire Department.
(Ord. No. 87907, § 5, 6-4-98)
This article shall apply, within the corporate limits and within applicable limits of the extraterritorial jurisdiction of the city, to any activity that is related to the extraction or removing of rock or materials from the ground or any related activity and, with respect to such activities, this section shall supplant chapter 21, article III of this Code. Further, it is acknowledged that V.T.C.A., Local Government Code § 217.042 authorizes home rule municipalities to define and prohibit any certain activities within five thousand (5,000) feet outside the city's corporate limits. Where the city council determines by separate ordinance that any extraction operation, within five thousand (5,000) feet outside the city's corporate limits, is in violation of this article and as a result of such violation(s) poses a risk to the health and safety of the citizens of the city, the authority vested in the city by V.T.C.A., Local Government Code § 217.042 shall be exercised.
(Ord. No. 87907, § 5, 6-4-98)
All blasting activity that falls within the scope of this article shall comply with the following provisions:
(1)
Permit required.
a.
Prior to any blasting activity or preparation for blasting activity at an extraction site, an appropriate blasting or explosives permit must be acquired from the regulatory authority.
b.
Each such blasting or explosives permit will authorize blasting for extraction of materials (i.e. rock, stone, etc.) only at the extraction site designated on the permit, and shall be reviewed annually by the regulatory authority.
c.
The extraction site operator, or designated representative, may apply for an appropriate blasting or explosives permit in accordance with the following procedures:
1.
The applicant shall submit a completed permit application form and fee as required by the regulations contained in the Uniform Fire Code (UFC), as adopted and amended by the city council to the regulatory authority.
2.
The chief of the fire department shall have thirty (30) days in which to approve or deny the permit application.
3.
Any party aggrieved by the denial of a permit or inaction by the chief of the fire department may appeal such decision in accordance with the provisions of the UFC, provided such appeal is made in the manner required by such regulations.
4.
Upon receipt of the appeal notification, the appeal board shall take the actions required to review the appeal in accordance to the said UFC as amended and adopted by the city.
(2)
Hours of operation. The hours during which excavation may take place by blasting or use of explosives shall be any time during the hours between 8:00 a.m. and 5:00 p.m. except for on Saturdays, Sundays or on legal holidays, unless required by applicable safety regulations.
(3)
Regulatory compliance. All blasting operations located within an extraction operation shall comply with the applicable provisions of the Uniform Fire Code (UFC), as amended and adopted by the city council, and with this article, as well as all applicable local, state and federal regulations concerning industrial noise and dust levels as well as applicable drainage, water and air standards. (Specifically included in such regulations are all applicable requirements of chapter 34 of this Code, pertaining to pollution prevention and control, and as such regulations may, from time to time, be amended.)
(4)
Environmental protection. For extraction sites and other land uses located within the ERZD, all required approvals of the Texas Natural Resource Conservation Commission (TNRCC), or its successor agencies, and the regulatory authority must be obtained prior to initiating blasting or the removal of materials from the ground by means of explosives within the site.
(5)
Storage and handling. The storage area for explosives shall be clearly marked and identified on the premises and a security fence must be established at a distance of at least twenty-five (25) feet from the containers in which explosive materials are to be stored. The security fence shall be at least eight (8) feet in height and shall be made of chain link or other appropriate material. A lockable eight-foot gate shall be provided for access in and out of the security fence surrounding the storage area. The access gate for the explosives storage area must be kept locked at all times with an appropriate locking device or padlock. No keys to the locking device or padlock, preventing access to the explosives storage area, may be distributed by the quarry operator to any person other than those employees or subcontractors who have been trained and/or certified in the proper handling, storage, and use of explosive materials. As an alternative to the fencing requirement provided in this section, the quarry operator may use a solid steel storage container that has a lockable access point and that is capable of containing an accidental discharge or explosion of the explosive agents stored within the container. The storage facility in which explosive materials are stored must be located at least three hundred (300) feet from any adjoining property line.
(6)
Monitoring of blasting. Quarry operators shall be required to perform monitoring of blasting events to accumulate data with respect to the seismographic and airblast effects of the blasting activity as required by federal and state law. The quarry operator shall conduct independent monitoring of blasting events if directed, and to the extent and frequency reasonably required, by the regulatory agency. The information generated in the form of reports or other data from this monitoring must be made available to the chief's office of the city fire department within seventy-two (72) hours from receipt by the owner/operator of a written request to review such information. The chief officer of the city fire department shall honor and maintain the confidentiality of data submitted by quarry operators and identified as confidential data to the extent allowed by law.
(7)
Safety standards. The quarry operator is responsible and required to comply with all applicable provisions of any federal or state law or applicable regulations promulgated by OSHA, MSHA, ATF, or any other executive agency of the federal or state government relating to the use, handling, storage, or detonation of explosives. In addition to compliance with federal and state law, the owner shall be required to comply with the provision of the city fire code by registering, on an annual basis, with the city and/or the Bexar County Fire Marshall with respect to blasting activities. This annual registration with the city fire department shall be in lieu of the requirement to obtain individual permits each time a blasting event is performed.
(8)
Inspections.
a.
The holder of a quarry blasting permit shall make quarry site available to the regulatory authority for inspection at all times during regular office hours.
b.
All records, including monitoring records referenced in subsection (6), above, relating to blasting activities will be made available to the regulatory authority during normal office hours within seventy-two (72) hours after such request is made.
(Ord. No. 87907, § 5, 6-4-98)
Sec. 16-405. - Control of adverse effects.
(a)
General requirements. Subsection 16-404(c) notwithstanding, extraction activities and facilities, and reserve tracts, shall not be subject to the requirements of chapter 21, article III of this Code, provided such operations have secured and are in compliance with the necessary permits and the requirements of this section. Extraction activities and blasting shall be conducted according to this section.
(b)
Airblast (noise) limits. For the purpose of this article, the air overpressure and related noise generated by the use of explosives in excavation activities shall be measured by the airblast created thereby. Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in subsection (f) of this section.
| Lower frequency limit of measuring system, in Hz (plus-minus 3 dB) | Maximum level, in dB |
| 0.1 Hz or lower—flat response* | 134 peak |
| 2 Hz or lower—flat response | 133 peak |
| 6 Hz or lower—flat response | 129 peak |
| C-weighted—slow response* | 105 peak dBC |
*Only when approved by the regulatory authority.
(c)
Monitoring requirement.
(1)
The operator shall conduct monitoring to ensure compliance with the airblast standards. Airblast measurement of blasts must be performed to the extent required by subsection 16-404(f).
(2)
The measuring systems shall have an upper-end flat-frequency response of at least two hundred (200) Hz.
(d)
Flyrock. Flyrock traveling in the air or along the ground shall not be cast from the blasting site beyond the area under the control of the operator.
(e)
Ground vibration.
(1)
General. In all blasting operations, except as otherwise authorized in subsection (f) below, the maximum ground vibration shall not exceed the values illustrated in Figure 1, below. The maximum ground vibration for protected structures listed in subsection (2)a. below shall be established in accordance with the maximum peak-particle-velocity limits as shown below.
(2)
Maximum peak particle velocity.
a.
The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the area under the control of the operator:
*When plaster is used in construction of nearest structure.
b.
A seismographic record including both particle velocity and vibration-frequency levels shall be maintained for each blast to the extent required by subsection 16-404(f).
(f)
The maximum airblast and ground vibration standards of this section shall not apply at the following locations:
(1)
At structures owned by the permittee and not leased to another person;
(2)
At structures owned by the permittee and leased to another person, if a written waiver by the lessee has been obtained.
(Ord. No. 87907, § 5, 6-4-98)
Sec. 16-406. - Burning of hazardous waste prohibited.
(a)
No biomedical waste or hazardous waste as defined by the Texas Solid Waste Disposal Act may be burned, or otherwise used as a fuel in conjunction with any quarry activity.
(b)
The subsection above notwithstanding, the use of tires as a fuel is allowed for quarry operations to the extent and in a manner that is permitted by state and federal law.
(Ord. No. 87907, § 5, 6-4-98)
Sec. 16-407. - Beneficial concept reuse plan.
(a)
All owners of properties that are used primarily for extraction activities shall be required to notify the planning department five (5) years prior to the time at which the extraction activities are projected to terminate or as soon as possible if the projected life of the extraction activity is less than five (5) years. Within the five (5) years following the notification, the owner of the property shall cooperate with the city in the city's effort to perform long range and short term planning related to transportation, traffic, land use, and infrastructure systems. Prior to any redevelopment of the property after termination of the extraction operations, the owner or developer intending to redevelop the property must file a beneficial conceptual reuse plan (BCRP) with the city. The BCRP must contain the following information:
(1)
Perimeter property lines;
(2)
Name of the plan and the development/operation;
(3)
Scale of map;
(4)
Proposed land uses by location, type, and acreage, and their relationship to existing land uses;
(5)
Existing and proposed circulation system of collector, arterial, and local type B streets (clearly identified), and their relationship to any adjacent major thoroughfares, and any proposed alternative pedestrian circulation system;
(6)
Contour lines at intervals no greater than ten (10) feet;
(7)
Ownership from title and/or city or county roads for adjacent properties and, if known, proposed development of such land;
(8)
Existing adjacent or perimeter streets (including right-of-way widths), intersections, and developments;
(9)
One-hundred-year floodplain limits as identified from the most current flood insurance rate maps published by the Federal Emergency Management Agency for the city and/or the applicable county;
(10)
Location map indicating the location and distance of the BCRP in relation to adjacent streets and at least two (2) major thoroughfares;
(11)
Name and address of the owner or developer.
(b)
Revisions to a BCRP may be made at any time by submission of a new BCRP to the director of planning. The director of planning shall notify the planning commission of any revision to a BCRP by reporting on the nature and extent of said revision to the commission within thirty (30) days of the receipt of a revised BCRP. The BCRP shall be considered an open record for the purpose of disclosure.
(Ord. No. 87907, § 5, 6-4-98)
Sec. 16-408. - Public health, safety and welfare.
Extraction operations, which fall within the scope of this article which operations include all related uses shall abide by the public health, safety, and welfare safeguards of this article. Owners and/or operators of such activities shall:
(1)
Comply with applicable water quality standards set forth in chapter 34 of this Code;
(2)
Upon request of the regulatory authority, SAWS or public works environmental, provide to the city's and/or SAWS satisfaction, documentation evidencing the characterization, handling, and disposal of any industrial waste generated by the activity. Documentation which will satisfy the characterization inquiry includes process knowledge literature and/or waste analysis records;
(3)
Upon request of the regulatory authority and/or SAWS, independent of the Federal Emergency Planning and Community Right to Know Act, (EPCRA), provide copies of material safety data sheets (MSDS) for material maintained, stored, or used on the site. The materials, subject of this section, are those materials whose properties for volatility, flammability, explosive potential, corrosiveness, radioactivity, or other toxic or hazardous property allow them to be listed in the North American Emergency Response Guidebook, current edition and as amended;
(4)
Upon request of the regulatory authority and/or SAWS, provide a site plan, when the regulatory authority and/or SAWS determines a site plan is necessary to an independent environmental assessment or other inquiry pertinent to the public health, safety, or welfare.
(Ord. No. 87907, § 5, 6-4-98)
Sec. 16-409. - Enforcement and inspection.
(a)
This article shall be enforced by the city fire department.
(b)
Extraction operations shall be available for inspection during regular office hours.
(Ord. No. 87907, § 5, 6-4-98)
(a)
General.
(1)
Violation of any provision of this article is a class C misdemeanor and upon conviction may be punished by a fine not to exceed two thousand dollars ($2,000.00) per occurrence.
(2)
Except for blasting violations which are covered by subsection (b) below, the city attorney's office may immediately seek additional remedies at law or in equity to prevent a violation of this section.
(b)
Blasting. In addition to the criminal penalties noted above:
(1)
The city attorney's office may immediately seek additional remedies at law or in equity to prevent blasting by any party who does not have a blasting permit.
(2)
The city attorney's office may seek to revoke a blasting permit pursuant to the provisions of the UFC where the permit holder has demonstrated a pattern of intentional violations of this article. A pattern of violations is established upon three final convictions for substantive and not administrative violations within a twelve-month period in municipal court.
(Ord. No. 87907, § 5, 6-4-98)