Ohio Administrative Code|Rule 4906-4-10 | Notice and reports of incidents involving wind farm facilities.

                                                
(A) Telephone notice of
		  incidents.
(1) Wind farm operators
			 should notify the boards executive director by calling: 1-844-OHCALL1
			 (1-844-642-2551), as well as local law enforcement and first responders on all
			 incidents involving a wind turbine, within thirty minutes after discovery
			 unless notification within that time is impracticable under the
			 circumstances.
(2) For purposes of this
			 rule incidents include, events where:
(a) There is injury to any person.
(b) There is damage to property other than the property of
				the wind farm operator.
(c) Where an event such as tower collapse, turbine failure,
				thrown blade or hub, collector or feeder line failure, ice throw, or nacelle
				fire, causes damage to the wind farm operators property that is
				estimated to exceed fifty thousand dollars, excluding the cost of electricity
				lost, which is the sum of the estimated cost of material, labor, and equipment
				to repair and/or replace the operators damaged property.
(B) Written reports regarding
		  incidents.
(1) Within thirty days
			 after the incident is discovered, a wind farm operator will submit a written
			 report to the executive director describing the cause of the incident, where
			 ascertainable, and any damage to the wind farm facility or to neighboring
			 properties or persons, on a form provided by the board.
(2) Each wind farm
			 operator will also docket, in the wind farm certificate case, a final written
			 report on a form provided by the board within sixty days after discovery of the
			 incident, unless the wind farm operator:
(a) For good cause shown, demonstrates more time is needed;
				and
(b) Submits interim reports to the executive director at
				intervals of not more than sixty days until a final report is
				docketed.
(C) Each final written report will
		  address:
(1) Cause of the
			 incident;
(2) Date and time the
			 incident occurred and date and time it was discovered;
(3) If the incident
			 involved a turbine, the distance between debris and the wind turbine
			 base;
(4) If the incident
			 involved a turbine, the distance between debris to habitable structures and
			 property lines, and photographs of the debris field;
(5) A narrative
			 description of the incident and actions taken by the wind farm operator,
			 including a timeline of events;
(6) What, if any, damage
			 occurred to the property within the wind farm facility;
(7) What steps were
			 necessary to repair, rebuild, or replace damage to any property within the wind
			 farm facility;
(8) What, if any,
			 personal injury was caused by, or related to, the incident;
(9) What, if any, damage
			 to properties within or adjacent to the wind farm project area was caused by,
			 or related to, the incident;
(10) What, if any, steps
			 were, or will be, taken to prevent future incidents.
(D) Staff investigation and
		  restart.
(1) Staff will
			 investigate every incident that results in a report being submitted pursuant to
			 this rule. Except as necessary for public safety, a wind farm operator should
			 not disturb any damaged property within the facility or the site of a
			 reportable incident until after staff has made an initial site visit. Staff
			 will make its initial visit to review any damaged property within three
			 business days of the notice provided for in paragraph (A)(1) of this rule
			 unless otherwise prohibited from accessing the area of the damaged property by
			 public safety officials.
(2) A wind farm operator
			 will not restart any damaged property within a facility involved in a
			 reportable incident until such restart is approved by the boards
			 executive director or the executive directors designee pursuant to the
			 following process:
(a) Such approval is
				premised upon the filing of:
(i) A complete and final written report fully addressing
				  the factors set forth in paragraph (C) of this rule,
(ii) A representation by the wind farm operator that it is
				  ready to restart the damaged property, and,
(iii) A notarized statement that a satisfactory repair or
				  replacement of the damaged property has been completed from:
(a) A licensed professional engineer;
(b) A qualified representative from the manufacturer of the
					 damaged equipment; or
(c) A person employed by or hired by the operator having
					 appropriate qualifications under the circumstances to provide the required
					 statement.
(b) Unless otherwise
				suspended for good cause shown by the board, executive director, or an
				administrative law judge, a wind farm operator may restart damaged property
				five business days after docketing the information required in this
				rule.