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Wednesday, June 30, 2010

Wind Siting Commission Proposed Rule lists dBA standard and requires noise studies; Nighttime cessation option noted.

b) Except as provided in sub. (3)(a) and (d), a developer shall operate the wind energy system in 18 a manner that does not exceed 50 dBA at any nonparticipating residence or occupied community 19 building existing on the date of approval of the wind energy system by the political subdivision. 20
(3) MITIGATION. (a) A developer, owner or operator shall test for compliance with the noise 21 limits upon complaint by a nonparticipating resident. If the complaint relates to noise during 22 nighttime hours, the noise limit for those areas related to the complaint shall be reduced to 45 23
PSC Chapter 128 Proposed Draft Rule (5.14.10)
1-AC-231
Page 13 of 38
dBA during nighttime hours and the developer, owner or operator shall ensure the seasonally-1 reduced nighttime noise limit is met. For purposes of this paragraph, nighttime hours are the 2 hours between 10:00 p.m. to 6:00 a.m. daily, from April 1 to September 30. 3
(b) Methods available for the developer, owner or operator to comply with noise limits shall 4 include operational curtailment of a wind turbine. 5
(c) A developer shall provide notification of the requirements of this section to potentially-6 affected owners of nonparticipating residences and occupied community buildings before the 7 initial operation of the wind energy system. 8
(d) In the event audible noise due to wind energy system operations contains a steady pure tone, 9 such as a whine, whistle, screech, or hum, the developer, owner or operator shall promptly take 10 corrective action to eliminate the cause of the steady pure tone. Operational curtailment of a 11 wind turbine during nighttime hours may be used to comply with this paragraph until the cause 12 of the steady pure tone can be permanently eliminated. This paragraph does not apply to 13 rhythmic sound that may be generated by the rotation of wind turbine blades. 14
(e) A developer shall evaluate compliance with the noise limits as part of pre- and post-15 construction noise studies. A developer, owner or operator shall conduct pre- and post-16 construction noise studies as described in the most current version of the noise measurement 17 protocol. 18
(f) The commission shall establish a noise measurement protocol, which shall contain minimum 19 requirements for pre- and post-construction noise studies. The commission may revise the noise 20 measurement protocol as necessary. The commission shall make the noise measurement 21 protocol available to the public on the commission’s website. 22

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