Blasting Accountability

As many of you know, I believe that state laws need to change regarding blasting to better protect homeowners. Senator Mark Pody and Representative Terri Lynn Weaver are sponsoring a Bill (SB1017) that would help do just that. I attended their meeting at the Cordell Hull Bldg. on December 14, 2021 to give input on behalf of MJ. Also in attendance, was a resident from both Watertown and Hendersonville, as well as someone associated with the blasting industry. Senator Pody and Rep. Weaver are gathering input prior to sending their bill to the General Assembly. The Bill will likely see amendments. You can read the Bill in its current form here.

Summer 2021

On Monday, July 12, I presented my Resolution for blasting accountability which was a request for the State to consider doing further research on the damage caused from blasting outside the 300′ perimeter (state law) as well as extending the perimeter from 300′ to 1,000′. My Resolution did not get a second so it died on the floor. Extremely disappointed the rest of the BOC isn’t interested in taking steps, ever how small, to move in the right direction.

On June 14 I arranged for a BOC Public Work Session to discuss the possibility of more accountability for blasting companies. Rep. Susan Lynn, Joe Baker, State Deputy Fire Marshal, and Beth Meadows with the state was in attendance and gave valuable input. In addition, Rep. Lynn brought with hers and others proposed blasting bills over the course of time as well as Sen. Mark Pody’s pending legislation which includes everything in my resolution, and much much more.

The work session was a result of a BOC deferral of my resolution in the spring. If you would like to see the public work session you can view it here on my YouTube page: https://youtu.be/PdfpOdg6VOA.

UPDATE:

On July 30th I attended a meeting at the MJ Chamber about blasting, lead by MJ Fire Chief Luffman. Many concerned citizens were in attendance who are fed up and I don’t blame them. 

It is clear that MJ City has no authority over the blasting that is controlled and monitored by the State Fire Marshal’s office to enforced laws set by the state legislature. 

Many officials representing the blasting company and site developer from Park Glenn were there to speak and answer questions. The townhall was hosted by Commissioner Hefner and Vice Mayor Justice was also there to give input. 

The blasting representatives and site developer agreed to have discussions to make sure they are doing everything they can do within their power to help the situation from the site itself without violating state law. They ended up volunteering to reduce their shot charges by 20% and place an additional seismograph on site. Going forward, the city can “request” developers reduce their shot charges and add extra seismographs, but the city cannot require it. It also doesn’t mean the developers would agree to voluntary actions.

I pointed out what needs to happen is the state needs to change the laws. One of the biggest problems with that is, this industry spends millions to wine and dine our elected officials so they won’t change the laws. We should be outraged over that in addition to our homes being caught in the crossfire. The only recourse a homeowner has outside the 300’ seismic perimeter is to file a claim with the State Fire Marshal’s office. 

Back in the spring I brought forth a “Blasting Accountability Resolution” tailored after one Hendersonville did. Since the city has no authority, it was a request to ask the TN General Assembly to consider doing further research on the damaged being caused from blasting to our homes, specifically for those outside the 300’ perimeter. I also asked for them to consider extending the 300’ to up to 1,000’, as well as lowering the overall allowable limit in or near residential areas. 

It was deferred for a work session. I arranged for a Public Work Session in June that we held and I invited the State Deputy Fire Chief who brought a state official, Rep Susan Lynn was in attendance and brought a list of current and previous blasting bills and the status of each one. She also brought Sen Mark Pody’s current bill that addresses everything I had in my resolution plus a lot more. The bill is currently being rewritten as we speak. 

During the public work session in June, State DC Fire Marshal felt that all the necessary research had already been done and didn’t feel the current laws needed to change. His job is to enforce the law not change the law. 
I disagree. I believe state laws need to change to better protect homeowners and not the construction and blasting industries. 

I brought my Resolution back to the MJ BOC the first of this month (July). I motioned to move it forward and not one person on the Board gave it a Second so it died on the floor. This is very unfortunate and speaks volumes in my opinion. I have a passion about this lack of accountability and disappointed the MJ BOC did not support an effort to move the ball in the right direction. Would my “request” have made a difference? Maybe, maybe not. But at least it was an attempt to help let the legislators know that something needs to change because of the inexcusable damage it’s causing our homeowners.

I will be bringing my resolution back to the table.