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3)

The following must be submitted with the application:

(a) A copy of the license issued under RSA Chapter 158 by the State Police to
the Applicant allowing purchase, storing, and transport of high explosive,
along with proof of identification.

(b) A copy of blasting supervisor’s and all other blaster’s Certificates of
Competency for Explosives issued under RSA Chapter 158 by the State
Police.

(c) A list of owner(s) of the property and/or responsible parties.

(d) A letter of permission from the property owner(s) of the blasting or
explosives discharge site.

(e) Approved, stamped Site Plan delineating area of blasting.

(f) A Blast Plan consisting of a detailed map and plan locating the blast site,
blast area, all buildings and structures within five hundred (500) feet of the
blast area or such extended distance as may be specified by the Fire
Marshal.

(2) Copies of Safety Data Sheet (SDS) and/or Technical Data Sheet
information for all products, materials and compounds that will be used on
the site in association with the blasting operation.

(h) Insurance requirements as follows:

1. Coverage must be written with an insurance carrier licensed to do
business in the State of New Hampshire. Certificate of insurance
must name the City of Nashua as additional insured.

2. City of Nashua requires thirty (30) days written notice of
cancellation or material change in coverage.

3. Comprehensive General Liability - $1,000,000 per occurrence:
$2,000,000 aggregate.

4. Certificate of insurance must reflect that coverage includes
blasting.

5. Motor Vehicle Liability - $1,000,000 combined single limit.

6. The certificate holder must be listed as: City of Nashua, 229 Main
Street, Nashua, NH 03060

7. Workers’ Compensation — As required by statute.

(4)

(5)

Prior to acting on any permit the Fire Marshal may consult with such federal, state
and/or City officials and employees whose area(s) of responsibility are, or may
be, affected by the proposed blasting operation.

After review and verification by the Fire Marshal, or as determined by the Fire
Marshal by an independent expert on an as needed basis at the applicant’s
expense, the Fire Marshal shall act on the application and either issue the permit,
with any condition(s) necessary to achieve the purposes of State Law or
Regulation, NFPA Codes, or City Ordinances, or deny the permit application,
along with the reason(s).

B. Additional Pre-Blast Inspection Requirements.

(1)

(2)

3)

Prior to conducting any blasting, the Applicant or their agent shall conduct pre-
blast structural condition inspections on all structures within two hundred and
fifty (250) feet from the location of all proposed blasts or such extended distance
as may be specified by the Fire Marshal prior to permit issuance. The preblast
survey shall document the existing visual conditions of the interior and exterior of
the structure including improvements to the property and other physical factors
that could reasonably be affected by the blasting. Structures such as pipelines,
cables, transmission lines, cisterns, wells, and other water systems warrant special
attention: however the assessment of these structures may be limited to surface
conditions and other readily available data.

The individual person or entity conducting the inspection shall give written
notice, not less than ten days in advance, to the owner of the property concerned,
as well as to any tenants of the property. The notice shall include:

(a) Information on the blasting that will take place.

(b) When blasting may occur, including dates and times, or a range of dates
and times.

(c) A five (5) business day window for a property owner and/or tenant to
request a pre-blast inspection.

(d) The mailing address, e-mail address and telephone number those property
owner and/or tenants can use to obtain information regarding the blasting
or inspections, and to request at no cost, pre-blast inspections.

(e) The mailing address, e-mail address and telephone number and

instructions about how and where to contact the Applicant, or his or her
representative concerning blast-related complaints or claims.

Pre-blast inspections.

(a) Descriptions on the pre-blast inspection shall locate any existing cracks,
damage, or other defects, and shall include such information so as to make
it possible to determine the effect, if any, of the blasting operations on the
defect.

(b) Where significant cracks or damage exists, or for defects too complicated
to describe in words, photographs or videos shall be taken. A photographic
or video survey can be used in lieu of a written form.

(c) The Applicant, as well as the owner and/or tenant of the property being
inspected, shall sign all such inspections once completed.

(d) A property owner and/or tenant refusal, for whatever reason, to allow a
pre-blast inspection, or to sign a pre-blast inspection form, shall be noted
on the pre-blast inspection form.

(e) The Applicant shall provide copies of the completed pre-blast inspections
to each property owner and/or tenant. When a blast inspection is complete,
with written consent of the property owner and/or tenant, the Fire Chief,
the Fire Marshall or their designees shall be permitted to request a copy.

(f) The inspections shall be kept by the Applicant and be made available to
the City, property owner and/or tenant pursuant to B.3(e), upon request,
for a minimum of five (5) years from the end date of the last blasting

permit issued.

Post-Blast Inspections and Blasting Damage Complaints.

(1) Any property owner and/or tenant can request, and receive at no charge, a post-
blast inspection, following the same requirements in B(3), above.
(2) Upon receipt of any blasting damage complaint, the Applicant shall notify the

Fire Marshal of the complaint and provide a copy of the blasting complaint within
twenty-four (24) hours. The Applicant shall also provide a copy of the
Applicant’s blasting complaint investigation findings when completed to the
Nashua Fire Marshal’s Office.

Seismic Measuring Devices.

(1)

(2)

3)

Prior to conducting any blasting, the Applicant or their agent shall identify the
two closest structures to the blasting site not owned by the owner of the blast site,
that are within five hundred (500) feet or such distance as designated by the Fire
Marshal, and request written permission from the owner(s) thereof to install and
monitor seismic measuring equipment.

The Applicant shall make two attempts to obtain such permission.

Ifthe second attempt is unsuccessful, the seismic measuring equipment shall be
installed between the structure and the blast location as close as reasonable to the
structure.

(4)

An explanation of the reason for such location shall be made on the vibration
monitoring report for such structure and the peak particle velocity (in
inches/second) shall be extrapolated to the structure using standard relations.

(5) Blasting seismographs used to monitor ground and air vibrations shall comply
with ISEE “Performance Specifications for Blasting Seismographs”’.

(6) Where used, blasting seitsmographs shall be deployed in the field according to the
ISEE “Field Practice Guidelines for Blasting Seismographs’”’.

(7) The Fire Marshal may require additional measuring devices when necessary to
protect property.

(8) If an owner refuses to allow for or waives the placement of seismic measuring
equipment, the Applicant shall note this on the vibration monitoring report.

(9) Documentation of any such refusal shall be filed with the Nashua Fire Marshal’s

Office to include the date, time and, if available, the names of the persons giving
the refusal.

Blasting Notification.

(1) The Applicant shall contact the non-emergency number for Nashua Fire Dispatch
not less than each day before blasting, and fifteen (15) minutes before the
scheduled blast and provide the address of the blasting site, the total pounds of
explosives and the number of charged holes.

(2) The Applicant shall notify the Fire Dispatch when the “all clear” has been given
after the scheduled blast.

G3) Signboards and flags indicating areas where blasting operations are occurring
shall be clearly visible and legible from all points of access to the area.

(4) Blast area signs shall clearly indicate the length and nature of audible blast
warning and all clear signals.

(5) The Applicant shall use sirens or horns or both sirens and horns with sufficient
intensity such that they can be heard for a minimum distance of one thousand
(1,000) feet in all directions.

Fly Rock Control.

(1) Except as previously approved by the Fire Marshal, all blasts within one thousand

(1,000) feet of any structure, power transmission line or communications tower
shall be covered with an adequate blasting mat or shield and secured together

properly.

(2)

3)

(4)

In the event that flyrock is identified beyond the blast site or lands on or within
fifteen (15) feet of a traveled roadway the Applicant shall cease all blasting

operations.

Immediate notification shall be made to the Fire Marshal of the flyrock incident
and the locations of where the flyrock had landed.

The blasting contractor shall review the flyrock incident and determine the cause
and solution for the incident. This report shall be filed with the Fire Marshal prior
to issuance of any further blasting permits.

Blasting Monitoring.

(1)

(2)

3)

(4)

The Fire Marshal reserves the right to have personnel on site at any time at a cost
to the Applicant to monitor any and all activities of the Applicant. These
representatives shall have the right to order all blasting operations to cease at any
time.

The City reserves the right to require additional condition surveys and/or
placement of seismic measuring equipment on properties should the need arise
due to complaints or other causes.

The City reserves the right to require an independent expert observer to ensure
that all laws and requirements are being met should there be a concern based on
prior experiences or acts.

The costs associated with these additional requirements shall be borne by the
Applicant.

Storage of Explosive Materials On Site.

(1) The unsupervised storage of explosive materials or blasting agents on site is
hereby prohibited in the City of Nashua.

(2) The supervised storage amount on-site is limited to the amount planned for a
single daytime use for times outlined in the Blasting Permit.

(3) Loaded explosives intended for detonation are considered storage for blasting
purpose. In the event that there are issues that may arise preventing the
detonation of explosives, the Applicant shall immediately notify the Fire Marshal
for further actions and requirements.

Notifications.

(1) Emergency Notifications. An Applicant shall immediately report to Nashua Fire

Rescue and Nashua Police Department:

(a) The discovery of any loss, theft, or unlawful removal of explosive
materials.

(b) If there is any explosion, fire or other accident occurring in connection
with the keeping, storage, manufacture, handling, transportation, use or
other disposition of explosives causing loss of life or injury to any person

or damage to property.

(c) Any loading of holes or blasting which occurred without a valid permit
issued by the Fire Department.

(2) Non-Emergency Notifications. Notification shall be made by telephone to the
Fire Marshal’s Office for incidents involving, but not limited to:

(a) Improper loading of holes.
(b) Minor damage following any blast.
(c) Any complaints received.

G3) The Applicant shall follow up any Emergency or Non-Emergency Notification
with a written incident report, submitted to the Fire Marshal’s Office within
twenty-four (24) hours.

(4) These notifications will not relieve the Applicant of any other required state or

federal notifications.

Additional Prohibitions.

(1) Applicants shall only detonate explosives between the hours of 8:00 a.m. and 5:00
p.m. unless authorized by the Fire Marshal.

(2) No blasting or explosive discharge shall be conducted on Saturdays or Sundays or
on days observed as state or national holidays unless approval has been obtained
from the Fire Marshal.

G3) No blasting or loading of explosives shall be conducted after an order to cease
blasting operations has been issued by the Fire Marshal and communicated to the
Applicant.

(4) No drilling shall take place within fifty (50) feet of any loaded hole(s.)

(5) No holes shall be loaded except those to be fired in the next round of blasting

(6) In the case of an impact of surface or groundwater. The Institute of Makers of
Explosives (IME), “Blasting: Best Practices” shall be followed. (See Attachment)

(7) All explosives are to be shot on the day they are loaded.

(8) After loading, all remaining explosives shall be immediately returned to the

appropriate magazine or storage containers. Any residue spilled shall be
completely cleaned up and containerized or reloaded into another hole to be shot.

Revocation and Restoration of Permit; Violations.

(1)

(2)

3)

(4)

(5)

The Fire Marshal may revoke any permit upon a showing that the Applicant has
violated any provision of State Law or Regulation, NFPA Codes, City Ordinance,
or any requirement or condition of the issued permit.

Any blasting or explosive discharge that occurs without a permit may result in a
thirty (30) day revocation pending an investigation by the Fire Marshal and/or the
New Hampshire State Police.

Any permit may be revoked or suspended upon a showing that a condition or
conditions exist which warrant such revocation or suspension upon determination

by Fire Marshal.

The Fire Marshal may restore any permit that has been revoked upon a showing
that the conditions(s) leading to the revocation have been corrected.

Violations of these ordinances shall be subject to the general penalty provision of
§1-12 of this code. Each day a violation exists shall be a separate offense.

L. Waivers for Emergency Conditions.

In situations that pose a possible or perceived danger to safety, the Fire Marshal may, for a
limited time, waive any City Ordinance as may be necessary to avoid and/or lessen that danger.

M. Interpretation.

If there is any conflict between, or different requirements or standards found in, State Laws and
Regulations, the NFPA Codes, and City Ordinances, the more stringent requirement or standard

shall apply.”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect upon passage.

AMENDED
O-18-015

ORDINANCE

AMENDING THE CITY’S STORMWATER MANAGEMENT ORDINANCES

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 190 “Land Use”,
Article XXXI “Stormwater Management”, Section 190-215 “Stormwater management
standards” and Section 190-217 “Operation and maintenance plans” of the Nashua Revised
Ordinances, as amended, be hereby further amended by deleting the struck-through language and
adding the new underlined language as follows:

Ҥ 190-215. Stormwater management standards.

The following stormwater management standards shall be applied to all subdivision and site
plans.

A. Untreated stormwater.

(1) | Nonew stormwater conveyances may discharge untreated stormwater directly to
or cause erosion into wetlands or water bodies.

(2) Rooftop runoff is considered uncontaminated for the purposes of these standards
and therefore does not require treatment.

B. Postdevelopment peak discharge rates.

(1) Stormwater management systems must be designed so that the ten-year twenty-
four-hour postdevelopment peak discharge rate does not exceed the ten-year
twenty-four-hour predevelopment peak discharge rates.

(2) In order to meet this standard, controls must be developed for the two-year, frre-
year_andthe ten-year, and fifty-year twenty-four-hour storm events. The
hundred-year twenty-four-hour storm event must be evaluated to demonstrate that
there will not be increased flooding impacts off site.

AMENDED ORDINANCE O-18-015

(3) Measurement of peak discharge rates shall be calculated using point of discharge
or the downgradient property boundary. The topography of the site may require
evaluation at more than one location if flow leaves the property in more than one
direction. An applicant may demonstrate that a feature beyond the property
boundary is more appropriate as a design point.

C. Recharge to groundwater. Annual groundwater recharge rates shall be maintained by
providing infiltration by the use of structural and nonstructural methods. The annual
recharge from post development site conditions shall mimic the annual recharge from
predevelopment site conditions. Best management practice (BMP) techniques to achieve
recharge requirements include infiltration, bioretention, dry swale, and nonstructural
techniques. Alternative techniques may be used if they meet the performance criteria
stated herein and are approved by the Planning Board.

D. Water quality.

(1) For discharges to the Conservation Zone within the Water Supply protection
District as defined in § 190-24, the runoff volume to be treated for water quality if
calculated as 1.0 inch of runoff multiplied by the total impervious area of the post
development project site.

(2) For all other discharges, the runoff volume to be treated for water quality if
calculated as 0.5 inch of runoff multiplied by the total impervious area of the
postdevelopment project site.

(3) Removal of 80% of the suspended solids (TSS), floatables, greases, and oils. For
new developments, stormwater management systems shall be designed to remove
80% of the average annual load of total suspended solids (TSS), floatables,
greases, and oils after the site is developed. This standard is met when:

(a) The Planning Board determines that suitable nonstructural practices for
source control and pollution prevention are implemented;

(b) Stormwater management best management practices (BMPs) capture the
prescribed runoff volume; and

(c) Stormwater management BMPs are maintained as designed.

E. Critical areas land uses with higher potential pollutant loads—Stermawater-discharces from
areas-with hich potential poHutantteads require the use of specific stormwater

management BMPs, as detailed in this section. The use of infiltration practices without
pretreatment is prohibited.

(1) The following uses are considered to create high potential pollutant loads:

AMENDED ORDINANCE O-18-015

(2)

(3)

(4)

(a) Any use requiring a National Pollutant Discharge Elimination System
(NPDES) stormwater discharge permit associated with industrial activity;

(b) Auto salvage yards/auto recycler facilities;

(c) Auto fueling facilities/gas stations;

(d) Fleet storage areas (cars, buses, trucks, public works);

(e) Vehicle service, maintenance and equipment cleaning areas;
(f) Retail parking lots;

(g) Road salt storage or loading areas if exposed to rainfall;

(h) Commercial nurseries;

(i) Metal rooftops, including roofs made from aluminum, tin, galvanized
steel, copper, or rooftops which contribute significant pollutant loads;

Qj) Outdoor storage and loading/unloading areas of hazardous substances;

(k) SARA 312 generators if materials or containers are exposed to rainfall;
and

(1) The service, repainting, and hull maintenance areas of marinas.

The following measures are required in addition to BMPs described in Subsection
E(1) above, within areas with high potential pollutant loads:

(a) Source reduction; and
(b) Pretreatment.

The following are prohibited within areas with high potential pollutant loads
located in a Conservation Zone:

(a) Infiltration trenches;

(b) Infiltration basins; or

(c) Dry wells.

The following restrictions apply to certain BMPs within areas of high potential

pollutant loads: Sand or organic filters, detention basins, wet ponds or
constructed wetlands may be used only if sealed or lined.