(a) At least 30 days before initiation of a blasting program, the operator shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of any part of the permit area regarding how to request a preblasting survey. The request shall be made, in writing, directly to the operator or to the Commission who shall promptly notify the operator. The operator shall promptly conduct a pre-blasting survey of the dwelling or structure and promptly submit a report of the survey to the Commission and to the person requesting the survey. If a structure is renovated or modified subsequent to a pre-blast survey, then upon request a survey of such additions and renovations shall be performed by the operator in accordance with this section.
(b) The operator shall determine the condition of the dwelling or structure and shall document any pre-blasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipelines, pipes, cables, transmission lines, cisterns, wells, and other water systems warrant special attention; however, assessment of these structures may be limited to surface conditions and other readily available data. Special attention shall be given to the pre-blasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.
(c) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be promptly provided to the person requesting the survey and to the Commission. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the operator and the Commission of the specific areas of disagreement.
(d) Any pre-blasting surveys requested before the 10th day before the planned initiation of blasting shall be completed by the operator before the initiation of blasting.

Source Note: The provisions of this §12.358 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.