Abstract
Flyrock is the dirty little secret of the aggregate industry and its explosives engineers, and they have been remarkably successful in concealing the potentially deadly consequences of flyrock from the public, while continuing to engage in reckless blasting practices based on theoretical guesswork rather than proven practical land use planning safeguards such as permanent (fixed) onsite setbacks (excavation limits) coupled with permanent offsite separation distances from existing and potential future sensitive land uses. Flyrock is an unavoidable by-product of blasting rock, and has the potential to damage personal or real property, injure, permanently disable or kill humans and non-humans, both onsite and offsite. Flyrock, along with other adverse effects such as vibrations, that leaves the boundaries of an aggregate operation, constitutes nuisance and trespass, and damage or injury caused by detonation of explosives, should be held to strict liability. Implementing proactive and forward-looking land use policies that safeguard existing and envisioned sensitive land uses from the potentially deadly consequences of detonation of explosives in aggregate extraction is the most effective way to protect the long-term health, safety and welfare of existing and future generations, and to avoid interfering with the use and enjoyment of third-party real property.
Published Version
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