Noise Complaint – Wind Farm
On November 13, 2014, Mr. Yanke filed a noise complaint with the AUC under AUC Rule 012: Noise Control (“Rule 12”) regarding noise at his residence located near the Oldman 2 Wind Farm (the “Wind Farm”), and approximately 100 metres away from the nearest wind turbine (T-20). Mr. Yanke described the noise emissions as blade whooshing, whipping, pulsating, gear box grinding noise, and high pitch sounds from generators. Mr. Yanke also complained of the red blinking lights from the turbines, and potential for ice to be thrown from the turbine blades during winter.
Mr. Huebner supported the complaint by Mr. Yanke, noting that his residence was equally affected by the Wind Farm.
Mr. Yanke had purchased land and begun constructing his residence in March 2012, completing it in the summer of 2013. Mr. Huebner stated that he purchased his property in December 2012 and completed construction of his house and shop by fall 2013. The Wind Farm was commissioned in late August of 2014.
Oldman 2 Wind Farm Limited, a wholly owned subsidiary of Luxembourg Mainstream Renewable Power S.A.R.L. (“Mainstream”) commissioned SLR Consulting (Canada) Ltd. (“SLR”) to prepare a sound survey for the Wind Farm in respect of the complaint. SLR conducted a sound survey over a 48-hour monitoring period between March 4 and 6, 2015 concurrently at the Yanke and Huebner residences in accordance with Rule 12. SLR stated their opinion that the sound survey captured representative conditions of typical weather conditions with the wind farm operating near capacity during the survey. During the survey, the energy output from the Wind Farm ranged from 49.9 percent capacity to 98.9 percent of capacity, with all turbines operating normally.
After performing isolation analyses on the data available for nighttime sound levels, SLR stated that the valid nighttime data was 79 minutes at the Yanke residence and 87 minutes at the Huebner residence. SLR noted that the low amount of valid data was largely due to wind noise.
Mainstream acknowledged that the valid data was less than the three hours required by Rule 12, but relied on SLR’s professional opinion that sufficient data was collected to accurately assess sound levels. SLR considered that the sound level contribution of the wind turbines at the Yanke residence was 42.7 dBA Leq nighttime, and 40 dBA Leq nighttime at the Huebner residence. Both of these levels were noted as in excess of the nighttime sound level limits in Rule 12.
The AUC accepted that the sound survey was conducted by SLR and calibrated in accordance with Rule 12, and that the Wind Farm was operating normally during the sound survey. However, the AUC found that the 48-hour noise study did not capture the minimum requirement of three hours of daytime and three hours of nighttime representative data after isolation analysis in accordance with Rule 12. Despite this finding, the AUC determined that the sound survey provided enough information on which to base its findings.
The AUC determined that the isolated nighttime sound levels for the Yanke residence, based on data provided was 42.5 dBA Leq for March 4-5, 2015 and 45.7 dBA Leq for March 5-6, 2015. The AUC determined that the isolated nighttime sound levels for the Huebner residence, based on data provided was 41.8 dBA Leq for March 4-5, 2015 and 43.0 dBA Leq for March 5-6, 2015. The AUC found that these isolated nighttime sound levels for both monitoring periods exceeded the permissible sound level of 40 dBA Leq nighttime in Rule 12.
The AUC therefore held that the Wind Farm was not in compliance with Rule 12, and ordered Mainstream to:
(a) Immediately restrict operations of the wind turbines contributing to the non-compliance until otherwise ordered by the AUC;
(b) File a letter with the AUC by August 5, 2015 confirming that the operations have been restricted, and detailing the measures taken to achieve compliance with Rule 12; and
(c) File a new comprehensive sound level survey at the Yanke and Huebner residences if Mainstream applies to rescind the restricted operating conditions.
