RESOLUTION NO. RS2004-160

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to reduce the level of permissible blasting for rock quarries.

WHEREAS, the use of explosives for the purposes of blasting are governed by the Tennessee Blasting Standards Act of 1975, codified as Tennessee Code Annotated §§68-105-101, et seq.; and

WHEREAS, T.C.A. §68-105-110 expressly preempts local governments from regulating blasting activities; and

WHEREAS, in setting the permissible level of blasting, the Tennessee Blasting Standards Act makes no distinction between blasting activities for the purposes of road construction and blasting activities in connection with rock quarry operations; and

WHEREAS, rock quarry operations conduct blasting activities over a long period of time, while blasting used in road and other construction ceases once the construction activity is completed; and

WHEREAS, blasting activities in connection with rock quarry operations often have a long-term negative impact on residents within the vicinity of a rock quarry, including structural damage to the residents’ homes; and

WHEREAS, it is fitting and proper that the level of permissible blasting be reduced for rock quarry operations.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to reduce the level of permissible blasting for rock quarries.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Brenda Gilmore