Ohio Administrative Code › Title 4906 - Power Siting Board › Chapter 4906-4 - Certificate Applications for Electric Generation Facilities › Section 4906-4-09 - Regulations associated with renewable energy generation facilities

Current through all regulations passed and filed through July 1, 2024
The
				following requirements apply to renewable energy generation facilities, and
				amendments to this rule apply only to applications filed after the rule's
				effective date.
(A)
			 Construction, location, use, maintenance, and change.
(1) Adherence to other regulations.
			 Construction and operation of all proposed 
									facilities shall be consistent
			 with all applicable state and federal requirements, including all applicable
			 safety, construction, environmental, electrical, communications, and
			 all federal aviation administration requirements.
			 Except where compliance is waived by the board pursuant to section
			 4906.13 of the Revised Code, an
			 applicant will comply with state building code regulations in constructing
			 structures not involved in generation or transmission of electricity.
(2) Construction, operations, and maintenance
			 safety.
(a) Equipment safety
(i) The applicant shall comply with the
			 manufacturer's most current safety manual, unless such safety manual conflicts
			 with paragraph (C)(2) of rule
			 4906-4-08 of the Administrative
			 Code.
(ii) The applicant shall
			 maintain a copy of this safety manual in the operations and management building
			 of the facility.
(b)
			 Geological features
(i)
											Within the application, the applicant shall provide a
			 preliminary geotechnical exploration and evaluation to confirm that there are
			 no issues to preclude development of the facility, including, but not limited
			 to: borings, test pits, and/or subsurface samples at the substation(s),
			 overhead collection line pole locations, and representative samples of the
			 project area.
(ii) Sixty days prior
			 to the preconstruction conference, the applicant shall provide a fully detailed
			 geotechnical exploration and evaluation to confirm that there are no issues to
			 preclude development of the facility.
(iii) The applicant must fill all boreholes
			 and borehole abandonment must comply with state and local
			 regulations.
(iv) The applicant
			 shall provide copies of all geotechnical boring logs to board staff and to the
			 Ohio department of natural resources division of geological survey prior to
			 construction.
(c)
			 Blasting. Should site-specific conditions warrant blasting, the applicant shall
			 submit a blasting plan to the board, at least thirty days prior to blasting.
(i) The applicant shall submit the following
			 information as part of its blasting plan:
(a)
			 The name, address, and telephone number of the drilling and blasting
			 company.
(b) A detailed blasting
			 plan for dry and/or wet holes for a typical shot. The blasting plan shall
			 address blasting times, blasting signs, warnings, access control, control of
			 adverse effects, and blast records.
(c) A plan for liability protection and
			 complaint resolution.
(ii) Prior to the use of explosives, the
			 applicant or explosive contractor shall obtain all required licenses and
			 permits. The applicant shall submit a copy of the license or permit to the
			 board within seven days of obtaining it from the local authority.
(iii) The blasting contractor shall utilize
			 two blasting seismographs that measure ground vibration and air blast for each
			 blast. One seismograph shall be placed beside the nearest dwelling, or at least
			 at the nearest accessible property line to the dwelling, and the other placed
			 at the discretion of the blasting contractor.
(iv) At least thirty days prior to the
			 initiation of blasting operations, the applicant must notify, in writing, all
			 residents or owners of dwellings or other structures within one thousand feet
			 of the blasting site. The applicant or explosive contractor shall offer and
			 conduct a pre-blast survey of each dwelling or structure within one thousand
			 feet of each blasting site, unless waived by the resident or property owner.
			 The survey must be completed and submitted to the board at least ten days
			 before blasting begins.
(3) Maintenance and
			 use.
(a) The applicant shall maintain the
			 
										renewable
			 energy generation facility equipment in good condition. Maintenance shall
			 include, but not be limited to, painting, structural repairs, and security
			 measures.
(b) The applicant shall
			 have a construction and maintenance access plan based on final plans for the
			 facility, access roads, and types of equipment to be used. The plan shall
			 consider the location of sensitive resources, as identified by the Ohio
			 department of natural resources, and explain how impacts to all sensitive
			 resources will be avoided or minimized during construction, operation, and
			 maintenance. The plan shall include locations of erosion control measures. The
			 plan shall provide specific details on all wetlands, streams, and/or ditches to
			 be impacted by the facility, including those where construction or maintenance
			 vehicles and/or facility components such as access roads cannot avoid crossing
			 the waterbody. In such cases, specific discussion of the proposed crossing
			 methodology for each wetland and stream crossing, and post-construction site
			 restoration, must be included. The plan shall include the measures to be used
			 for restoring the area around all temporary access points, and a description of
			 any long-term stabilization required along permanent access routes.
(c) The applicant shall have a vegetation
			 management plan. The plan must identify all areas of proposed vegetation
			 clearing for the project, specifying the extent of the clearing, and describing
			 how such clearing work will be done so as to minimize removal of woody
			 vegetation. The plan must also describe how trees and shrubs around structures,
			 along access routes, at construction staging areas, during maintenance
			 operations, and in proximity to any other project facilities will be protected
			 from damage. Priority should be given to protecting mature trees throughout the
			 project area, and all woody vegetation in wetlands and riparian areas, both
			 during construction and during subsequent operation and maintenance of all
			 facilities; low-growing trees and shrubs in particular should be protected
			 wherever possible within the proposed right-of-way. The vegetation management
			 plan should also explore various options for disposing of downed trees, brush,
			 and other vegetation during initial clearing for the project, and recommend
			 methods that minimize the movement of heavy equipment and other vehicles within
			 the right-of-way that would otherwise be required for removing all trees and
			 other woody debris off site.
(d)
			 For both construction and future right-of-way maintenance, the applicant shall
			 limit, to the greatest extent possible, the use of herbicides in proximity to
			 surface waters, including wetlands along the right-of-way. Individual treatment
			 of tall-growing woody plant species is preferred, while general, widespread use
			 of herbicides during initial clearing or future right-of-way maintenance should
			 only be used where no other options exist, and with prior approval from the
			 Ohio environmental protection agency. Prior to commencement of construction,
			 the applicant shall describe the planned herbicide use for all areas in or near
			 any surface waters during initial project construction and/or future
			 right-of-way maintenance.
(e)
										The applicant shall prevent the establishment and
			 propagation of noxious weeds identified in Chapter 901:5-37 of the
			 Administrative Code in the project, including its setback areas, during
			 construction, operation, and decommissioning via procedures and processes
			 specified and required by the project's vegetation plan. The applicant shall
			 provide annual proof of weed control for the first four years of operation,
			 with the goal of weed eradication significantly completed by year three of
			 operation.
(f) Within its plans
			 for post-construction site restoration and stabilization of disturbed soils,
			 such restoration plans shall include:
(i) The
			 applicant shall remove all temporary gravel and other construction staging area
			 and access road materials after completion of construction activities, as
			 weather permits, unless otherwise directed by the landowner.
(ii) The applicant shall not dispose of
			 gravel or any other construction material during or following construction of
			 the facility by spreading such material on agricultural land. All construction
			 debris and all contaminated soil shall be promptly removed and properly
			 disposed of in accordance with Ohio environmental protection agency
			 regulations.
(4) Change,
			 reconstruction, alteration, or enlargement.
(a) Any amendment to a
			 
										facility certificate shall be proposed by the
			 applicant to the board as an amendment application, as provided in rule
			 4906-3-11 of the Administrative
			 Code.
(b) Unless otherwise ordered
			 by the board or administrative law judge, modification(s) shall not be
			 considered amendments under this rule if such modification(s) would be minimal
			 in nature, and would be adequately addressed by the conditions of a
			 certificate.
(c) An applicant may
			 seek review of a proposed modification(s) sought under paragraph (A)(5)(b) of
			 this rule by filing the proposed modification(s) in the public docket of the
			 certificate case and shall provide written notification of such filing to staff
			 and all landowners immediately adjacent to the site of the proposed
			 modification(s). The notification shall reference, and include a copy of,
			 paragraph (A)(5) of this rule. In the filing submitted in the public docket,
			 the applicant shall present its rationale as to why the applicant is seeking
			 the proposed modification(s) and must demonstrate that the proposed
			 modification(s) satisfies paragraph (A)(5)(b) of this rule. Staff or any
			 interested person may file objections to the applicant's proposal within
			 twenty-one days. If no objections are filed within the twenty-one day period,
			 the applicant may proceed with the proposed modification(s). If objections are
			 filed within the twenty-one day period, board staff may subsequently docket its
			 recommendation on the matter. The board will process proposed modification(s)
			 under the suspension process set forth for accelerated applications as outlined
			 in rule 4906-6-09 of the Administrative
			 Code.