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Decree Of August 26, 2011 On Facilities For The Production Of Electricity Using The Mechanical Energy Of The Wind Within A Facility Subject To Authorisation Under The Heading 2980 Of Classified Installations P Legislation...

Original Language Title: Arrêté du 26 août 2011 relatif aux installations de production d'électricité utilisant l'énergie mécanique du vent au sein d'une installation soumise à autorisation au titre de la rubrique 2980 de la législation des installations classées p...

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JORF n°0198 of 27 August 2011 page 14539
text No. 14



Judgment of 26 August 2011 on electricity production facilities using wind mechanical energy in a facility subject to authorization under section 2980 of the legislation of plants classified for environmental protection

NOR: DEVP1119348A ELI: https://www.legifrance.gouv.fr/eli/arrete/2011/8/26/DEVP1119348A/jo/texte


Minister of Ecology, Sustainable Development, Transport and Housing,
Considering Directive 2006/42/EC of the European Parliament and the Council of 17 May 2006 on machinery;
Considering the environmental code, including title I of his book V;
Considering the Civil Aviation Code;
Considering the transport code;
Considering the code of construction and housing;
Considering the decision of 23 January 1997 on the limitation of noises emitted in the environment by facilities classified for environmental protection;
Having regard to the decision of 2 February 1998 on water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization;
Considering the decision of 10 May 2000 on the prevention of major accidents involving substances or hazardous preparations in certain categories of facilities classified for environmental protection subject to authorization;
In view of the decision of 10 October 2000 setting out the periodicity, purpose and extent of checks of electrical installations for the protection of workers and the content of the reports relating to such checks;
Considering the opinion of the professional organizations concerned;
Considering the advice of the Conseil supérieur de la prévention des risques technologiques of 28 June 2011;
Considering the opinion of the Higher Energy Council of 8 July 2011,
Stop it!

Article 1 Learn more about this article...


This Order shall apply to facilities subject to authorization under section 2980 of the law of classified facilities.
All provisions of this Order shall apply to facilities for which an application for authorization is filed from the day after the publication of this Order and to extensions or modifications of existing facilities that are regularly put into service requiring the filing of a new application for authorization pursuant to section R. 512-33 of the Environmental Code beyond that date. These facilities are referred to as "new facilities" in the aftermath of this Order.
For facilities that have been subject to industrial commissioning before July 13, 2011, those that have obtained a building permit prior to that same date, as well as those for which the public inquiry opening order was made before that same date, referred to as "existing facilities" following this Order:
- the provisions of sections 4, 22 and 6 are applicable to January 1, 2012;
— the provisions of sections 2, 3 and 5 (with the exception of section 22) are not applicable to existing facilities.

  • Section 1: General Article 2 Learn more about this article...


    For the purpose of this Order, the following means:
    Connection point: connection point of the installation to the electrical grid. These may include a delivery station or a connecting position. It is the limit between the internal and external power grid.
    Industrial commissioning: operating phase following the test period and corresponding to the first time the installation produces electricity injected on the distribution network.
    Overspeed: rotating speed of rotating parts (rotor consisting of hub and blades as well as the shaft line to the generator) greater than the maximum value indicated by the manufacturer.
    Aerogenerator: a mechanical device designed to convert wind energy to electricity, consisting of the following main elements: a mast, a nacelle, the rotor to which the blades are attached, as well as, where appropriate, a transformer.
    Emergence: the difference between the "A" weighted acoustic pressure levels of ambient noise (operating installation) and residual noise (in the absence of the noise generated by the installation).
    Regulated emerging areas:
    - the interior of buildings inhabited or occupied by third parties, existing on the date of authorization for new installations or on the date of the building permit for existing installations, and their closest external parts (course, garden, terrace);
    ―constructible areas defined by urban planning documents that are opposable to third parties and published on the date of authorization for new installations or on the date of the building permit for existing installations;
    ― the interior of the buildings inhabited or occupied by third parties that have been the subject of a request for a building permit, in the building areas defined above, and their closest external parts (course, garden, terrace), excluding those of the buildings located in the areas intended to receive artisanal or industrial activities, when the application for a building permit has been filed prior to the installation in industrial service of the
    Installation noise measurement perimeter: perimeter corresponding to the smallest polygon in which the centre discs are recorded each aero-generator and radius R defined as follows:



    R = 1.2 × (middle height + half-rotor length)

  • Section 2: Implementation Article 3 Learn more about this article...


    The installation is installed in such a way that aerogenators are located at a minimum distance of:
    500 metres from any residential construction, manned building or area intended for housing as defined in the opposable urban planning documents in force on 13 July 2010;
    300 metres from a basic nuclear facility targeted by theArticle 28 of Act No. 2006-686 of 13 June 2006 relating to transparency and security in nuclear matters or a facility classified for the environment under the above-mentioned 10 May 2000 Order because of the presence of toxic, explosive, oxidizing and flammable products.
    This distance is measured from the base of the mast of each aerogenerator.

    Article 4 Learn more about this article...


    The facility is located so as not to significantly disrupt the operation of radars and navigation aids used in the aviation safety and meteorological safety missions of people and goods.
    To this end, the aero-generators shall be established in accordance with the minimum distance distance distances indicated below unless the operator has the written agreement of the Ministry in charge of civil aviation, the public institution in charge of the State missions in respect of meteorological security of persons and goods or the port authority in charge of the operation of the radar.



    MINIMUM DISTANCE
    distance in kilometers

    Weather Radar

    C frequency band radar

    20

    Frequency band radar S

    30

    X frequency band radar

    10

    Civil Aviation Radar

    Primary

    30

    Secondary Radar

    16

    VOR (Visual Omni Range)

    15

    Port Radar (Marine and River Navigation)

    Port Radar

    20

    Regional Monitoring and Rescue Centre Radar

    10


    In addition, the disturbances generated by the facility do not significantly interfere with the operation of military equipment. To this end, the operator shall establish the aeroplane generators according to a configuration that is the subject of a written agreement of the services of the competent aerial area of defence on the installation area for the installation project.
    The distances indicated above will be reviewed within a period not exceeding eighteen months depending on the technological advances obtained.

    Article 5 Learn more about this article...


    In order to limit the health impact associated with the stroboscopic effects, when an aero-generator is located less than 250 metres from a office building, the operator conducts a study demonstrating that the projected shadow of the aero-generator does not impact more than 30 hours per year and half an hour per day the building.

    Article 6 Learn more about this article...


    The facility is located in such a way that dwellings are not exposed to a magnetic field from aerogenators above 100 microteslas to 50-60 Hz.

  • Section 3: constructive arrangements Article 7 Learn more about this article...


    The site has at least one body access route to allow fire and rescue services to be operated.
    This access is maintained.
    The premises of the facility under the control of the operator are maintained in good condition of cleanliness.

    Article 8 Learn more about this article...


    The aero-generator complies with the provisions of the standard NF EN 61,400-1 in its June 2006 version or IEC 61,400-1 in its 2005 version or any equivalent standard in force in the European Union, with the exception of provisions contrary to the requirements of this Order. The operator shall ensure that the inspection of classified facilities is made available the reports of the competent organisms attesting to the conformity of the aerogenisers to the aforementioned standard.
    In addition, the operator shall provide the inspection of classified facilities with the evidence that each aero-generator of the facility complies with the provisions of section R. 111-38 of the Construction and Housing Code.

    Article 9 Learn more about this article...


    The installation is grounded. Aero-generators comply with the provisions of IEC 61 400-24 (June 2010 version). The operator shall make available for inspection of classified facilities the reports of the competent bodies attesting to the conformity of the aerogenisers to the above standard.
    Maintenance operations include visual control of blades and elements that may be impacted by lightning.

    Article 10 Learn more about this article...


    Electrical installations within the aero-generator comply with the provisions of the above-mentioned directive dated 17 May 2006 applicable to them.
    Electrical installations outside the aero-generator comply with NFC 15-100 (compiled version of 2008), NFC 13-100 (2001 version) and NFC 13-200 (2009 version). These facilities are maintained and maintained in good condition and are controlled prior to industrial commissioning and then at an annual frequency after installation or modification by a competent person. The periodicity, object and extent of the checks of the electrical installations and the contents of the reports relating to these checks are determined by the above-mentioned decision of 10 October 2000.

    Article 11 Learn more about this article...


    The marking of the facility is in accordance with the provisions made under sections L. 6351-6 and L. 6352-1 of the Transport Code and sections R. 243-1 and R. 244-1 of the Civil Aviation Code.

  • Section 4: Operations Article 12 Learn more about this article...


    At least once in the first three years of operation of the facility and then once every ten years, the operator is putting in place an environmental monitoring to estimate the mortality of avifauna and bats due to the presence of aero-generators.
    When an environmental monitoring protocol is recognized by the Minister responsible for classified facilities, the operator's follow-up is consistent with this protocol.
    This follow-up is available for inspection of classified facilities.

    Article 13 Learn more about this article...


    People outside the facility do not have free access inside the aerogenators.
    Access to the inside of each aero-generator, the transformation, connection or delivery station is kept locked to prevent unauthorized persons from accessing the equipment.

    Article 14 Learn more about this article...


    The requirements to be observed by the third parties are displayed either in legible characters or by means of pictograms on a panel on the access path of each aero-generator, on the delivery station and, where applicable, on the connection station. These include:
    - the safety instructions to be followed in the event of an abnormal situation;
    ― the prohibition of entering the aerogenerator;
    • warning against electrocution risks;
    – caution, if any, against the risk of ice drop.

    Article 15 Learn more about this article...


    Prior to the industrial commissioning of an air generator, the operator conducts tests to ensure the correct operation of all equipment. These tests include:
    a stop;
    an emergency stop;
    – a stop from a diet or a simulation of this diet.
    Following a periodicity that cannot exceed one year, the operator conducts an audit of the functional state of the shut-off, emergency shut-off and shut-off equipment from a speed control regime in accordance with the preconizations of the manufacturer of the aero-generator.

    Article 16 Learn more about this article...


    The inside of the air generator is kept clean. Storage of fuel or flammable materials inside the aerator is prohibited.

    Article 17 Learn more about this article...


    The operation of the facility is ensured by a competent staff with training on the risks presented by the facility, as well as on the means used to avoid them. It is aware of the procedures to be followed in the event of an emergency and conducts training exercises, if any, in connection with emergency services.

    Article 18 Learn more about this article...


    Three months, then one year after industrial commissioning, then following a periodicity that cannot exceed three years, the operator conducts a control of the aeroplane consisting of a control of the fixation flanges, mast flanges, the fixation of the blades and a visual control of the mast.
    According to a periodicity that cannot exceed one year, the operator conducts control of the instrumented safety systems.
    These controls are the subject of a report held at the disposal of the inspection of classified facilities.

    Article 19 Learn more about this article...


    The operator has an installation maintenance manual in which the nature and frequencies of maintenance operations are specified to ensure the proper operation of the facility. The operator maintains a record for each facility in which maintenance or maintenance operations are recorded and their nature, deficiencies identified and corrective operations undertaken.

    Rule 20 Learn more about this article...


    The operator eliminates or disposes of waste produced under conditions that ensure the interests referred to in section L. 511-1 of the Environmental Code. It ensures that the facilities used for this disposal are regularly authorized for this purpose.
    The burning of waste in the open air is prohibited.

    Article 21 Learn more about this article...


    Non-hazardous waste (e.g. wood, paper, glass, textile, plastic, rubber) and uncleaned by toxic products or pollutants are recovered, valued or disposed of in licensed facilities.
    The only authorized disposal modes for packaging waste are reuse, recycling or any other action to obtain usable materials or energy. This provision is not applicable to packaging waste holders that produce a weekly volume of less than 1,100 litres and deliver them to the community collection and processing service.

  • Section 5: Risks Article 22 Learn more about this article...


    Safety instructions are established and brought to the attention of operating and maintenance personnel. These instructions indicate:
    - the procedures for stopping the emergency and security of the facility;
    – the operating and stopping safety limits;
    – the precautions to be taken with the use and storage of incompatible products;
    - the alert procedures with the telephone numbers of the facility's response officer, fire and rescue services.
    The safety instructions also indicate the measures to be implemented to maintain safety facilities in the following situations: overspeed, gel conditions, thunderstorms, earthquakes, broken or released haps, brake failures, rotor blades, relaxed fixations, lubrication defects, sandstorms, fire or flooding.

    Article 23 Learn more about this article...


    Each aero-generator has a detection system that allows the operator or operator to be alerted at any time in the event of a fire or emergency intake of the aero-generator.
    The operator or operator that he or she has designated is able to transmit the alert to the relevant emergency services within fifteen minutes of the aircraft's abnormal operation.
    The operator lists these detectors with their functionality and determines maintenance operations to maintain their efficiency over time.

    Article 24 Learn more about this article...


    Each aeroplane is equipped with fire-fighting means appropriate to the hazards and in accordance with existing standards, including:
    an alarm system that may be coupled with the device referred to in section 23 and that informs the operator at any time of abnormal operation. The latter is able to implement the emergency arrest procedures referred to in Article 22 within sixty minutes;
    - at least two extinguishers located inside the aerogenator, at the top and at the foot of the aerogenator. They are positioned well visible and easily accessible. Extinguishing agents are appropriate to the risks to fight. This provision does not apply to aerogenerators who do not have access to the mast.

    Rule 25 Learn more about this article...


    Each air generator is equipped with a system for detecting or deducting ice formation on the air generator blades. In the event of significant ice formation, the aerogenator is stopped within a maximum of sixty minutes. The operator defines a rebooting procedure for the aero-generator in the event of an automatic shutdown related to the presence of ice on the blades. This procedure is included in the safety instructions referred to in Article 22.
    When a technical repository to determine the importance of formed ice requiring the stopping of the aero-generator is recognized by the Minister of Classed Facilities, the operator shall adhere to the rules provided by this repository.
    This article is not applicable to facilities in departments where winter temperatures are not less than 0 °C.

  • Section 6: Bruit Rule 26 Learn more about this article...


    The facility is built, equipped and operated in such a way that its operation cannot be the cause of airborne or solidian noises that could compromise the health or safety of the neighbourhood.
    The sound emissions emitted by the facility are not at the origin, in the regulated emerging areas, of an emergence greater than the eligible values defined in the following table:


    EXISTING LEVEL
    Areas of Regulated Emergence
    including installation noise
    ADMISSIBLE TRADE FOR THE PERIOD
    from 7 a.m. to 10 p.m.

    ADMISSIBLE TRADE FOR THE PERIOD
    22 heures à 7 heures

    Sup à 35 dB (A)

    5 dB (A)

    3 dB (A)


    The values of emergence mentioned above may be increased by a correct term in dB (A), depending on the cumulative duration of the occurrence of the installation noise equal to:
    Three for a duration greater than twenty minutes and less than or equal to two hours;
    Two for a duration greater than two hours and less than or equal to four hours;
    One for a duration greater than four hours and less than or equal to eight hours;
    Zero for more than eight hours.
    In addition, the maximum noise level is 70 dB (A) for the day and 60 dB (A) for the night period. This noise level is measured at any point in the noise measurement perimeter defined in section 2. When a regulated emergence area is within the noise measurement perimeter, the maximum noise level is then controlled for each aerogenator of the R-range installation defined in section 2. This provision is not applicable if the residual noise for the reporting period exceeds this limit.
    In the case where the particular noise of the establishment is marked tone within the meaning of point 1.9 of the schedule to the order of 23 January 1997 referred to, in an established or cyclical manner, the duration of the establishment's appearance may not exceed 30% of the duration of operation of the establishment in each of the diurnal or nocturnal periods defined in the table above.
    When several classified facilities, subject to authorization under different headings, are operated by the same operator on the same site, the overall noise level emitted by these facilities meets the limit values above.

    Rule 27 Learn more about this article...


    Transport vehicles, handling equipment and construction equipment used inside the facility are in accordance with the provisions in force for limiting their sound emissions. In particular, construction equipment conforms to an approved type.
    The use of all acoustic communication devices (e.g. sirens, tellers, speakers) is prohibited for the neighbourhood, unless their use is exceptional and is reserved for the prevention and reporting of serious incidents or accidents.

    Rule 28 Learn more about this article...


    Where measures are taken to verify compliance with these provisions, they shall be carried out in accordance with the provisions of NF 31-114 in its current version six months after the publication of this Order or in default according to the provisions of NFS 31-114 in its July 2011 version.

    Rule 29 Learn more about this article...


    After the second paragraph of Article 1 of the above-mentioned Decree of 23 January 1997, a paragraph is inserted as follows:
    "– Electricity production facilities using the mechanical wind energy subject to authorization under section 2980 referred to in the Decree of 26 August 2011 on power generation facilities using the mechanical wind energy in a facility subject to authorization under section 2980 of the legislation of plants classified for the protection of the environment. »

    Rule 30 Learn more about this article...


    After the ninth paragraph of Article 1 of the above-mentioned decision of 2 February 1998, a paragraph shall be inserted as follows:
    "– Electrical production facilities using wind mechanical energy; "

    Rule 31 Learn more about this article...


    The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 26 August 2011.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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