Bill H.4645

HOUSE DOCKET, NO. 4594 FILED ON: 3/7/2016

HOUSE . . . . . . . . . . . . . . . No. 4645

By Mr. Mark of Peru, a petition (subject to Joint Rule 12) of Paul W. Mark relative to blasting. Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to drinking water safety.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 21G of the General Laws is hereby amended by adding the following section:-

Section 21. (a) As used in this section, the following terms shall have the following meanings:-

“Blast”, the rapid release of heat and large quantities of high-pressure gases that expand rapidly with sufficient force to overcome confining forces resulting from the very rapid decomposition of a chemical compound or mixture initiated by heat, shock, impact, friction or a combination of these conditions; provided, that the department may vary this definition and may establish exemptions from this definition in regulation.

“Blast effect area”, all properties within a 1 mile radius of a blast.

“Blaster”, a person who holds a valid certificate of competency issued pursuant to section 20B and is qualified to be in charge of and responsible for the design, loading and firing of a blast; provided, that the department may vary this definition in regulation.

“Blasting entity”, a person, corporation or other legal business entity that blasts or engages a blaster to blast either on its own behalf or on behalf of another person, corporation or other entity within the commonwealth.

“Blasting program”, a blast or series of blasts conducted for a certain project.

“Resident”, any person or persons who own or reside at a property within the blast effect area.

“Testing”, the sampling and analysis of the private water supply of a resident in a blast effect area conducted by the department according to the standards set by the department.

“Water quality reduction”, a decrease in water quality including, but not limited to a decrease in the recharge rate, volume or yield, or an increase in turbidity, as such terms shall be defined by the department.

(b) No blaster or blasting entity shall conduct a blast that results in contamination or water quality reduction of a private drinking water supply.

(c) A blaster or blasting entity who intends to blast within the commonwealth shall publish the blasting schedule in a newspaper of general circulation in the city or town in which the blasting will occur at least 60 days prior to the start of the blasting. The blasting schedule shall include, but shall not be limited to: (1) the specific location of the blast or blasts; (2) the date and time when each blast will occur; (3) a description of how access to the blast effect area will be controlled to prevent property damage and personal injury; and (4) the types and patterns of blast warnings and signals that will be used to notify residents that blasting has been completed and passage through the area is safe.

(d) A copy of the blasting schedule, as described in subsection (c), shall also be sent by certified mail to the department, the local board of health for the city or town in which the blasting will occur, and all residents within the blast effect area at least 60 days in advance of the blasting.

(e) A blaster or blasting entity who intends to blast within the commonwealth shall send a written notice by certified mail to each resident within the blast effect area at least 60 days prior to the start of the blasting. Said notice shall be sent simultaneously with the blasting schedule as described in subsection (c), and shall include, but not be limited to: (1) a description of the procedures to ensure the safety of the drinking water in the blast effect area; (2) an offer to provide pre-blast testing to be conducted by the department at the expense of the blaster or blasting entity; (3) contact information in order to schedule the pre-blast testing; (4) an explanation of the pre-blast testing procedure and reporting requirements; and (5) detailed instructions on how to request such testing.

(f) Records of all blasts must be maintained by the blaster or blasting entity for a period of at least 5 years from the date of a blast, or the date of the last blast of a blasting program. These records shall be made available for inspection upon written request by, and at no cost to, the public.

(g) The failure of a blaster or blasting entity to send a notice or maintain records required by this section, as determined by the department, shall result in a civil penalty not to exceed $15,000 per violation.

(h) The blaster or blasting entity shall be responsible for the reasonable costs of any pre-blast testing requested by a resident, which shall be conducted by the department. The department shall send a written report, by certified mail, detailing the results of the pre-blast testing to the blaster or blasting entity and the requesting resident within 30 days of completion of the testing.

(i) A resident within the blast effect area who suspects post-blast private drinking water supply contamination or water quality reduction may file a complaint with the department within 6 months of the date of a blast, or the date of the last blast of a blasting program. The department shall develop a standard complaint form and shall make copies available electronically to each local board of health.

(j) Upon receipt of a complaint from a resident within the blast effect area pursuant to subsection (i), the department shall initiate an investigation. The blaster or blasting entity shall make its blast records available to the department in a timely manner for the purpose of investigating any complaint. The department may, by written request, require the blaster or blasting entity to pay for post-blast testing for any resident within the blast effect area who has filed a formal complaint.

(k) The blaster or blasting entity shall be responsible for the costs of post-blast testing requested pursuant to subsection (i). The post-blast testing shall be conducted by the department within 30 days of the date on which the complaint is filed. The department shall send a written report, by certified mail, detailing the results of the post-blast testing to the blaster or blasting entity and the requesting resident within 30 days of completion of the testing.

(l) The department may require a blaster or blasting entity to refrain from conducting blasts in a blasting schedule until all necessary post-blast testing has been completed and the report has been provided to the necessary parties.

(m) A blaster or blasting entity shall be liable for the contamination or water quality reduction of a resident’s private water supply without proof of negligence. In the absence of clear and convincing evidence to the contrary, a blast shall be considered the cause of any contamination or water quality reduction of a private drinking water supply. After an investigation and upon a determination by the department that a blaster or blasting entity caused, by its blasting, the contamination or a water quality reduction of a resident’s drinking water supply, each such violation shall result in a civil penalty not to exceed $15,000 per violation.

(n) The blaster or blasting entity shall also take steps to remedy each violation by eliminating the contamination or water quality reduction, and shall provide an alternate water supply to any effected resident at the blaster’s expense until the contamination or water quality reduction is fully eliminated. The blaster or blasting entity shall be responsible for the cost of final testing conducted by the department for the purpose of confirming the elimination of any contamination or water quality reduction caused by the blasting. The department shall send a written report, by certified mail, detailing the results of the final testing to the blaster or blasting entity, the local board of health, and any effected resident.

(o) A failure by the blaster or blasting entity to pay for any required pre-blast, post-blast or final testing, or comply with any remedial procedures required in this section, as determined by the department, shall result in a civil penalty not to exceed $15,000 per violation.

(p) This section shall not apply to: mines subject to state or local municipal regulation under chapter 21B; water well drillers subject to state regulation under chapter 21G; or a blast undertaken by, or under contract with and specifically regulated by, the state or federal government, the United States military, a city or town or an agency or division of a city or town.

(q) The commissioner of energy and environmental affairs may suspend the application of this section for state, county or municipal projects if the commissioner determines that adequate safeguards have been implemented to prevent private drinking water contamination and water quality reduction.

(r) The department shall promulgate rules and regulations necessary to implement this section.

SECTION 2. The department of environmental protection shall promulgate rules and regulations defining “recharge rate”, “turbidity”, “volume” and “yield” as referred to in subsection (a) of section 20D of chapter 90 of the General Laws on or before 90 days after the date on which this act is signed into law.

Name:	District/Address:	Date Added:
Paul W. Mark	2nd Berkshire	3/7/2016