Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-5 - Public Safety

Current through 2024-29, July 17, 2024
An applicant must demonstrate that a proposed wind energy
				  development will be constructed with setbacks and other considerations that are
				  adequate to protect public safety.
A.
				The applicant must submit evidence to the Department that the proposed
				generating facilities will be constructed with appropriate safety related
				setbacks from adjacent properties and adjacent existing uses. Such evidence
				shall be prepared by a licensed professional civil engineer, and must include
				consideration of any applicable setback recommendations by the manufacturer of
				the generating facility.
B. To
				minimize risks associated with ice throw, blade shear, tower collapse, and
				fire, the minimum setback for generating facilities from abutting property
				lines is the normal setback requirement for the local zoning classification as
				dictated by local municipal zoning ordinance or the Land Use Planning
				Commission, or 1.5 times the sum of the hub height plus the rotor diameter,
				whichever is greater. The setback distance must be measured to the edge of the
				generating facility foundation closest to the property line.
C. The Department may reduce the minimum
				setback down to that required by local zoning to the extent that the applicant
				has obtained safety easements from all affected landowners. The applicant shall
				submit any easement documents to the Department in support of any request for a
				reduced setback. The Department may further reduce the minimum setback in
				accordance with a waiver of local zoning requirements obtained by the developer
				upon receipt of evidence of such waiver.
D. The applicant must demonstrate that the
				design of the turbines for the proposed wind energy development meets
				acceptable industry safety standards, by submission of certificates of design
				compliance issued by a professional certifying organization acceptable to the
				Department.
E. The applicant must
				demonstrate that the turbines for the proposed wind energy development have
				been constructed with adequate overspeed controls and related operational
				safety mechanisms as part of the turbine design.
F. The applicant must submit evidence
				demonstrating that reasonable measures will be taken to prevent and respond to
				a fire at the proposed wind energy development, including but not limited to
				the following:
(1) Information regarding
				proposed active or passive fire suppression systems, including lightning
				protection systems.
(2) Operational
				and maintenance measures used to reduce fire risk.
(3) Descriptions of how proposed turbines are
				designed to meet applicable national or international design codes or standards
				or recommended fire protection practices.
(4) A fire protection or fire safety plan,
				addressing potential ignition sources, fire control procedures, anticipated
				fire hazards, and proposed fire protection equipment or systems.
(5) Emergency communications and response
				protocols with local and state emergency response
				providers.