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Rule 4906-7-01 | Purpose and scope.
(A) This chapter sets forth the rules for compliance monitoring, including payment of forfeitures. (B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute. Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 4906-7-02 | Compliance monitoring by the board.
(A) Upon finding reasonable grounds, the board shall initiate a proceeding to investigate an alleged violation of section 4906.98 of the Revised Code. (B) The board shall conduct a violation proceeding under sections 4906.97 and 4906.98 of the Revised Code, and in accordance with Chapter 4906-2 of the Administrative Code to the extent not inconsistent with section 4906.97 of the Revised Code. (C) While an alleged violation of section 4906.98 of the Revised Code is under board investigation, the board or its chairperson or designee may order the suspension of the involved activity. A suspension order may be terminated by the board or its chairperson or designee at any time during the board's investigation of the alleged violation. (D) Unless otherwise ordered by the board or an administrative law judge, the staff of the board shall file with the board, and serve upon the person alleged to have violated section 4906.98 of the Revised Code and all other parties, a written report of investigation within twenty-one days after initiation of the involved proceeding. The report shall include the staff's findings on the alleged violation and staff's recommendations for board action. (E) Any evidentiary hearing on the alleged violation may include evidence on corrective action, forfeitures, and other remedies. (F) The complaining party (which may include staff) shall have the burden to prove the occurrence of the violation, by a preponderance of the evidence. (G) If, after a hearing, the board finds that a violation of section 4906.98 of the Revised Code occurred, the board may order appropriate remedies, which may include one or more of the following: (1) Direct the person to cease the violation. (2) Direct the person to comply with the certificate and/or a board order or suspension. (3) Direct the person to take corrective action and include a date by which such corrective action must be taken or completed. (4) Assess forfeitures in accordance with sections 4906.97 and 4906.99 of the Revised Code. (5) Direct the attorney general to seek enforcement of board orders, including orders assessing forfeitures and appropriate remedies, in state or federal court. (6) Approve other appropriate remedies. (H) The board may request that the attorney general seek enforcement and other appropriate relief in common pleas court, if necessary to enforce its order. Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 4906-7-03 | Payment of forfeitures, compromise forfeitures and payments made pursuant to stipulations regarding compliance monitoring.
(A) All forfeitures, compromise forfeitures and payments made pursuant to stipulations shall be paid by certified check or money order made payable to "Treasurer of the state of Ohio, general revenue fund," and shall be designated by case number. (B) All forfeitures, compromise forfeitures and payments made pursuant to stipulations shall be mailed or delivered to: Ohio Power Siting Board, Fiscal Division, 180 East Broad Street, Columbus, Ohio 43215-3793." Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 4906-7-04 | Annual reporting requirement for electric generation facilities.
(A) By April thirtieth for the first three years after a generation facility certified by the board begins commercial operation, the certificate holder shall docket, in its certificate case, an annual report addressing information for the calendar year preceding the date of the report. Examples of relevant information for inclusion in the annual report are: (1) Facility status: an overview of site conditions, ongoing site restoration, the status of facilities still under construction, and a summary of the operating experience of facilities that are in operation, including a description of any events that occurred during the year that had a significant adverse impact on the facility. (2) Monitoring report: a list and description of all significant monitoring and mitigation activities performed during the reporting period in accordance with site certificate terms and conditions, a summary of the results of those activities, and a discussion of any significant changes to any monitoring or mitigation program, including the reason for any such changes. (3) Compliance report: a report describing the certificate holder's compliance with all certificate conditions that are applicable during the reporting period. (4) Facility modification report: a summary of changes to the facility that the certificate holder implemented during the reporting period without an amendment of the certificate. (5) Status of surety information: documentation demonstrating that bonds or letters of credit as described in the certificate are in full force and effect and will remain in full force and effect for the term of the next reporting period. (6) Incident report: a summary of all incidents, as defined in rules 4906-4-10 and 4906-7-06 of the Administrative Code, that occurred at the facility during the reporting period. (B) For each subsequent year after the years in which a report is made under paragraph (A) of this rule, the certificate holder may either file a letter stating that the most recently filed report reflects the current conditions or file a new report in accordance with paragraph (A) of this rule. Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 4906-7-05 | Reporting violations.
(A) Except as provided in rule 4906-7-04 of the Administrative Code, a certificate holder shall, within thirty days of its discovery, docket a written report of any violation of section 4906.98 of the Revised Code in its certificate case. Each written report shall include: (1) A description of the violation. (2) The date and time the violation occurred. (3) The date and time the violation was discovered. (4) All actions taken to address the violation, including a timeline of those actions and other relevant events. (5) The certificate holder's plan to respond to the violation and avoid future similar violations. (6) Any other information relevant to the cause and prevention of any recurrence of the violation. (B) Staff will investigate every report submitted under paragraph (A) of this rule. Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 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. Last updated May 30, 2024 at 9:20 AM Supplemental Information |
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Rule 4906-7-07 | Compliance site review.
(A) Each certificate holder shall allow properly identified representatives of the board, including, but not limited to, compliance staff or its contractors, to inspect the operations of a certificated facility at any time. Inspections may include, but are not limited to, all materials, activities, related or supporting facilities, premises, and records pertaining to construction, operation, and maintenance of the facility. (B) When practical, inspections will occur with prior reasonable notice to the certificate holder such that its representative may accompany compliance staff during any inspection conducted under this rule. (C) The board shall maintain written records of all inspections conducted under this rule. Last updated May 30, 2024 at 9:21 AM Supplemental Information |