(a) Blasting schedule publication.
  (1) Each operator shall publish a blasting schedule at least 10 days, but not more than 20 days, before beginning a blasting program in which blasts that use more than 5 pounds of explosive or blasting agent are detonated. The blasting schedule shall be published in a newspaper of general circulation in the locality of the blasting site.
  (2) Copies of the schedule shall be distributed by mail to local governments and public utilities and by mail or delivered to each residence within 1/2 mile of the proposed blasting site described in the schedule.
  (3) The operator shall republish and redistribute the schedule at least every 12 months.
(b) Blasting schedule contents.
  (1) A blasting schedule shall not be so general as to cover the entire permit area or all working hours, but shall identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur.
  (2) The blasting schedule shall contain at a minimum:
    (A) name, address, and telephone number of the operator;
    (B) identification of the specific areas in which blasting will take place;
    (C) dates and time periods when explosives are to be detonated;
    (D) methods to be used to control access to the blasting area;
    (E) types and patterns of audible warnings and all-clear signals to be used before and after blasting; and
    (F) a description of unavoidable hazardous situations referred to in §12.360(b) of this title (relating to Use of Explosives: Control of Adverse Effects) which have been approved by the Commission for blasting at times other than those described in the schedule.
(c) Public notice of changes to blasting schedule.
  (1) Before blasting in areas or at times not in a previous schedule, the operator shall prepare a revised blasting schedule according to the procedures in subsections (a) and (b) of this section. Where notice has previously been mailed to the owner or residents under subsection (a)(2) of this section with advice on requesting a pre-blast survey, the notice of change need not include information regarding pre-blast surveys.
  (2) If there is a substantial pattern of non-adherence to the published blasting schedule as evidenced by the absence of blasting during scheduled periods, the Commission may require that the operator prepare a revised blasting schedule according to the procedures in subsection (c)(1) of this section.

Source Note: The provisions of this §12.359 adopted to be effective April 7, 1997, 22 TexReg 3093.