Ohio Admin. Code 4906-7-06 - Self-reporting of incidents for solar electric generation facilities
(A)
This rule does not apply to a facility subject to rule
4906-4-10 of the Administrative
Code where those rules would require reporting of an incident as defined in
this rule.
(B)
For purposes of this rule, "incident" includes but is
not limited to an event occurring at the site of any generation facility
certified by the board where:
(1)
There is injury to any person that requires medical
treatment beyond first aid.
(2)
There is damage
to property other than the property leased or owned by the facility
operator.
(3)
There is damage to the facility operator's 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 operator's damaged
property.
(C)
Telephone notice. Facility operators shall notify the
board's executive director by calling 1-844-OHCALL1 (1-844-642-2551) as well as
local law enforcement and first responders of all incidents involving a
certificated facility, within thirty minutes after discovery unless
notification within that time is impracticable under the
circumstances.
(D)
Written reports regarding incidents.
(1)
Within thirty
days after an incident is discovered, a facility operator shall submit a
written report to the executive director describing the cause of the incident,
where ascertainable, and any damage to the facility or to neighboring
properties or persons, on a form provided by the board.
(2)
Each facility
operator shall also docket, in the facility's certificate case, a final written
report on a form provided by the board within sixty days after discovery of the
incident, unless both of the following apply:
(a)
The facility
operator, for good cause shown, demonstrates more time is
needed;
(b)
The facility operator submits interim reports to the
executive director at intervals of not more than sixty days until a final
report is docketed.
(3)
Each written
report submitted pursuant to this rule shall address:
(a)
The cause of the
incident.
(b)
The date and time the incident occurred and date and
time it was discovered.
(c)
A narrative description of the incident and actions
taken by the facility operator, including a timeline of those actions and other
relevant events.
(d)
What, if any, damage occurred to the property within
the facility.
(e)
What steps were necessary to repair, rebuild, or
replace damage to any property of the facility.
(f)
What, if any,
personal injury was caused by, or related to, the incident.
(g)
What, if any,
damage to properties within or adjacent to the project area was caused by, or
related to, the incident.
(h)
What, if any, steps were, or will be taken to prevent
future incidents.
(E)
Staff will
investigate every incident that results in a report being submitted under
paragraph (D)(1) of this rule. Except as necessary for public safety, a
facility operator shall not disturb any damaged property within the facility or
the site of a reportable incident until the staff approves action to move the
damaged property. Staff will make its initial visit to review any damaged
property within three business days of a reported incident unless otherwise
prohibited from accessing the area of the damaged property by public safety
officials.
(F)
A facility involved in a reportable incident under this
rule shall not restart or resume construction as to any damaged property within
a facility involved in a reportable incident until such action is approved by
the board's executive director or the executive director's designee pursuant to
the following process:
(1)
Such approval is premised upon the filing of:
(a)
A complete and
final written report fully addressing the factors set forth in paragraph (D) of
this rule,
(b)
A representation by the facility operator that it is
ready to restart the damaged property, and,
(c)
A notarized
statement that a satisfactory repair or replacement of the damaged property has
been completed from:
(i)
A licensed professional engineer;
(ii)
A qualified
representative from the manufacturer of the damaged equipment;
or
(iii)
A person employed by or hired by the operator having
appropriate qualifications under the circumstances to provide the required
statement.
(2)
Unless otherwise
suspended for good cause shown by the board, executive director, or an
administrative law judge, a facility operator may restart damaged property five
business days after docketing the information required in this
rule.
Notes
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.97. 4906.98, 4906.99
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