2006-1812006-181 COPY
Resolution Introducing Local Law No. of the Year 2006, Regulating Blasting and the
Use of Explosives and Combustibles In Blasting Operations
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
28th, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmembers - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Bettina.
WHEREAS, the Town Board finds that the regulation of blasting operations and the use
and storage of explosives within the Town of Wappinger is necessary to protect the public from
personal and property damage since such blasting operations have been, and continue to be, a
source of potential danger to persons and property within the Town and are of a highly volatile
nature; and
WHEREAS, it has come to the attention of the Town Board that the existing provisions
of Chapter 80 of the Town of Wappinger Code entitled `Blasting" are outdated as practices in
the blasting industry have changed greatly since 1968 when Chapter 80 was first adopted and the
requirements of the federal government and New York State have changed as well; the Town
Board has determined that it is in the best interest of the people of the Town to update the
provisions of the Code pertaining to Blasting; and
WHEREAS, Labor Law § 464-a. authorizes the Town to create additional requirements
for Blasting; and
WHEREAS, the Town Board finds a permitting process for specific blasting operations
will allow the Town, through the Fire Inspector and the Code Enforcement Officer, to monitor
blasting operations for the protection of the public; and
WHEREAS, the Town Board finds that it is necessary to codify the requirements for a
permit and to clearly and specifically set forth in detail the procedures that a blaster must adhere
to while conducting blasting operations within the Town of Wappinger; and
WHEREAS, the Town Board finds that mandatory liability insurance requirements must
be put in place to assure the public that damages sustained from blasting can be redressed and
provisions for minimum effective charges, barricades, watchmen, containment of the blast and
notice to nearby homeowners will protect the public from careless blasting procedures; and
WHEREAS, the Town Board has determined that it is further necessary to amend
Chapter 122 of the Town of Wappinger Code to reflect a new fee schedule and a new fine
schedule related to Blasting; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is
otherwise exempt from environmental review pursuant to the New York State Environmental
Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby introduces for adoption Local Law No. of 2006 in the form
annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned Local Law
is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town
Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Review Act (SEQRA) or
pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local
Law No. —of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the 28th day of August 2006, at 7:30 p.m., and the Town Clerk is directed
to post the Notice of the Public Hearing in the form annexed hereto and to publish same
in the Southern Dutchess News and Poughkeepsie Journal as required by law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: AYE
ROBERT L. VALDATI, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
8/28/2006
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The Resolution is hereby duly declared adopted.
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OHN C. MASTERSON, TOWN CLERK