An Act authorizing municipal regulation of certain explosives, amending P.L.1960, c.55, and supplementing Title 40 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. For the purposes of this section:

"Applicant" means a person who applies for a local blast permit.

"Blasting activity" means the operations necessary to achieve the safe detonation of explosives at a blasting site.

"Blasting site" means the physical location that the explosives will be placed, as described on the application for a local blast permit.

"Explosives" means any chemical compound or mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible materials or other ingredients, in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term "explosives" shall include, but is not limited to commercial explosives, as defined in section 2 of P.L.1960, c.55 (C.21:1A-129), propellants, and nitro-carbo-nitrates. The term "explosives" shall not include small arms ammunition, explosives in the forms prescribed by the official United States Pharmacopoeia, or fireworks regulated under R.S. 21:2-1 through R.S.21:2-7.

b. A municipality may, but is not required to, adopt an ordinance concerning the use of explosives within the municipality. The ordinance may establish standards for the use of explosives within the municipality that restrict or prohibit blasting activity otherwise authorized by a permit issued by the Commissioner of Labor and Workforce Development pursuant to the "Explosives Act," P.L.1960, c.55 (C.21:1A-128 et seq.). The ordinance may require issuance of a local blast permit to a person prior to engaging in blasting activity, may require a public hearing conducted by an officer or board designated by the municipal governing body, and may impose a fee.

c. An ordinance adopted pursuant to subsection b. of this section may include the following requirements:

(1) that an applicant shall provide written notice of the application and written notice of a hearing, if required, to each property owner within a 3,000 foot radius of the center of the proposed blasting site;

(2) that an applicant shall submit with the other application materials proof of liability and property damage insurance coverage in an amount not less than $5 million;

(3) that the application materials shall include pre-blast exterior property condition reports for all properties within a 1,500 foot radius of the center of the proposed blast site. If this requirement is included in the ordinance, then within 60 days after the blasting occurs, the local blast permit holder shall provide to the planning or zoning board post-blast exterior property condition reports for the same properties, which shall be available for public inspection in the same manner as other application materials. The exterior property condition reports shall be prepared by a structural engineer;

(4) that the applicant shall provide written notice to all affected property owners and the board issuing the permit, no less than 48 hours in advance of the blasting, if any public utility is to be shut off during the blasting. If this information is known at the time the application is made, a statement detailing the affected utilities shall be provided with the application materials;

(5) that if the application is approved and the local blast permit is issued, the authority granting the permit shall establish the date and time blasting may occur. In establishing the date and time, the authority granting the permit shall consider the testimony of the municipal construction official, municipal engineer, planning board engineer, the applicant, any other credible experts, and members of the public; and

(6) that no local blast permit shall be issued until written consent has been obtained from all of the owners of residential structures within a 500 foot radius of the center of a proposed blasting site and from all of the owners of property with a property line within a 150 foot radius of the center of a proposed blasting site.

d. A local blast permit ordinance adopted pursuant to this section shall not be applicable to any public entity or quarry operator.

e. An ordinance adopted pursuant to this section shall not be applicable to any public works project or quarrying activity for which a permit has been issued by the Commissioner of Labor and Workforce Development pursuant to the "Explosives Act," P.L.1960, c.55 (C.21:1A-128 et seq.).

2. Section 12 of P.L.1960, c.55 (C.21:1A-139) is amended to read as follows:

12. [The] Except as provided in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall have exclusive jurisdiction over the regulation of the manufacture, sale, transportation, storage, and use of explosives. [This] provided in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), this act shall supersede any [existing] ordinance, by-law or resolution of any municipality or other governmental subdivision pertaining to the manufacture, sale, transportation, storage, or use of explosives.

(cf: P.L.1960, c.55, s.12)

3. This act shall take effect immediately.

STATEMENT

This bill eliminates the Commissioner of Labor and Workforce Development's exclusive authority over the use of explosives and authorizes a municipality to adopt an ordinance concerning the use of explosives within the municipality. The bill authorizes a municipality to establish a local blast permit application process and requirements, including an application fee schedule. This bill provides a municipality authority to adopt an ordinance that would provide a designated local official or designated local board the opportunity to substantively review proposals to conduct blasting operations in the interest of the public. The bill offers suggested provisions that a municipality may include in such an ordinance, though municipalities may alter or omit the suggested provisions from the ordinance to suit its needs. The ordinance may require issuance of a local blast permit to a person prior to engaging in blasting activity, may require a public hearing conducted by an officer or board designated by the municipal governing body, and may impose a fee. Any ordinance adopted pursuant to this bill would not be applicable to public projects or quarrying activity.

Under current law, pursuant to the "Explosives Act," the Commissioner of Labor and Workforce Development may issue a permit authorizing a person "to use explosives for such purposes and under such conditions as are specified on the permit." The commissioner currently has exclusive authority over the use of explosives in the State. The current role of a municipality in issuing a permit for the use of explosives is cursory. Pursuant to N.J.A.C.5:70-2.7(a)(3)(vii), blast permits must be obtained from the local enforcement agency. However, no current statute or regulation establishes, or authorizes a municipality to establish, any standards by which the municipality may review, approve, or deny a blast permit.