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the new legal regime for onshore wind

Written by Administrator Wednesday, 31 August 2011 07:07

A series of three orders dated August 26, 2011 clarifies the new legal regime for onshore wind. Decrees No. 2011-984 and 2011-985 governing the entry of wind turbines in the legislation on classified installations for the Environment (ICPE), under the law Grenelle 2, were in fact published in the Official Journal of 25 August last (see our article here against). They define the administrative arrangements now apply to wind farms, detailing the decommissioning obligations at the end of operation and set up a system of financial guarantees to ensure the dismantling in case of failure. "The deployment of wind turbines on land can not be done on two conditions: a procedure to read, safe, and fast for operators, and its acceptance by local people," said Minister for Ecology Nathalie Kosciusko- Morizet, in a statement. By providing guarantees to both parties, "the new regulatory framework should give a boost to the energy," she said. The main contribution of the ranking ICPE "is to force developers to seek a new authorization in addition to the administrative building permit," considers, however, the lawyer for the environment Arnaud Gosse. And it emphasizes the character on his blog "regrettable" and "useless" in this ranking that does nothing in terms of consultation, assessment or environmental safety.

Implementation rules

The first two law determines the requirements for wind turbines now subject to approval first, and reporting on the other hand, pursuant to section 2980 of the nomenclature of ICPE. Built to the same frame, these texts lay down rules with regard to implementation of human or technological issues and limit the risks of adverse radars operated by the Department of Defence, from civil aviation, by weather or for France river and maritime navigation. Through these rules of implementation, it is also to control potential health impacts (stroboscopic effects and magnetic field). Concerning the operation itself, the texts lay down rules for maintenance and control facilities. The section devoted to "risk" addresses issues such as prevention of risks related to abnormal functioning of the turbine (overspeed system, temperature rise etc.).. Finally, the "noise" specifically sets the rules for wind turbines in this area. The facilities are now subject to two regulatory criteria: a maximum sound level must not be exceeded at a distance determined by the orders, and a level of emergence should not be exceeded at the waterfront. This level of emergence reflects the provisions applicable hitherto under the Code of Public Health.
All of these provisions apply to facilities for which an authorization request is filed on or after August 28, 2011 as well as extensions or modifications of existing facilities regularly commissioned requiring the filing of a new application authorization beyond that date. However, for facilities having been a commercial operation before July 13, 2011, those who obtained a building permit prior to that date as well as those for which the order to open public inquiry was made before that date, certain provisions are not applicable (those items in sections 2, 3 and 5, with the exception of Article 22) or shall apply only in January 2012 (those items Section 4 of Article 22 and Articles of Section 6).

Rehabilitation

The third Order, issued pursuant to Articles R. 553-2 and R. 553-5 of the Code of the environment, is on rehabilitation and the establishment of financial guarantees. The decommissioning and rehabilitation facilities include, in addition to the dismantling of facilities (including the connection system to the network), "the excavation of foundations and the replacement land characteristics comparable to land up close installation "on a minimum depth varies according to the vocation of the land released. Restoration "consists of the release areas and crane paths to a depth of 40 centimeters and the replacement land of comparable characteristics to land near the facility, unless the owner of the land which is located wishes to install their continued existence, "says the order. Demolition waste and decommissioning should be recovered or disposed of "in courses duly authorized to that effect." Finally, the decree fixed the unit cost 50,000 euro lump sum to the dismantling of a unit, the rehabilitation of land, disposal or recycling of waste generated. The initial amount of financial assurance is obtained by multiplying this unit cost by the number of turbines installed. The operator must also update each year that amount.

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