In the event of an incident or potential violation at an energy facility under the
Energy Facility Siting Council's
jurisdiction, the certificate holder is required to report the incident to ODOE.
Incidents
Certificate holders are
required to report incidents
that occur at their facilities. Notwithstanding other conditions that may be incorporated
into a site certificate, the following types of incidents must be reported by all facilities
within 72 hours:
- There is an attempt by anyone to interfere with its safe operation.
-
There is a significant natural event such as a fire, earthquake, flood, tsunami or
tornado, or human-caused event such as a fire or explosion.
- There is any fatal injury at the facility.
In addition to the information included with your initial notification, the Department
requests the following additional information be submitted as soon as reasonably possible:
- Injuries
- Damaged or out of service equipment
-
If a spill:
- Substance spilled
- Quantity
- Has it been reported to DEQ?
-
If a land fire:
- Has the fire been extinguished? If no, what is the containment status?
- How many acres burned?
- Operating status of the facility
A Department Compliance Officer will respond to acknowledge receipt of the report and to
notify the certificate holder of other follow-up actions that are required.
The Department encourages responsible parties to follow the format outlined in
Division 29
for all incident reporting (see #3 below).
Terms and Conditions Violations
In addition, certificate holders should also be aware that there are requirements in
Division 29
that require reporting whenever they become aware of conditions or circumstances that may
violate the terms or conditions of a site certificate or the terms or conditions of any
order of the Council. In those cases, the responsible party must:
-
As soon as reasonably possible, notify the Department of the conditions or circumstances
that may constitute a violation, giving all pertinent facts including an estimate of how
long the conditions or circumstances have existed, how long they are expected to
continue before they can be corrected, and whether the conditions or circumstances were
discovered as a result of a regularly scheduled compliance audit.
-
As soon as reasonably possible, initiate and complete appropriate action to correct the
conditions or circumstances and to minimize the possibility of recurrence.
-
Submit to the Department a written report within 30 days of discovery. The report must
contain:
- A discussion of the cause of the reported conditions or circumstances;
-
The date of discovery of the conditions or circumstances by the responsible
party;
-
A description of immediate actions taken to correct the reported conditions or
circumstances;
-
A description of actions taken or planned to minimize the possibility of
recurrence; and
-
For conditions or circumstances that may violate the terms or conditions of a
site certificate, an assessment of the impact on the resources considered under
the standards of divisions
22
and
24
of this chapter as a result of the reported conditions or circumstances.
Report Submission
To report an incident (Division 26) or other potential violation (Division 29), the certificate holder should send an email to
EFSC.COMPLIANCE@energy.oregon.gov and
include their
ODOE Compliance Staff Contact.