CLINTON — Members of the county’s land use committee agree they want to set a firm rule for Enel Green Power in the company’s response to severe weather.  One word in the county ordinance, however, continues to cause some apprehension as they look to enforce that rule.

The county’s wind energy code refers to allowing a reasonable length of time for operators of the Alta Farms II wind facility to curtail wind turbines in the event of tornado or severe thunderstorm warnings.

While he has a time limit in mind for how long the procedure should take, land use member Joe Witte has during county meetings often queried how to define what is “reasonable.”

Representative Justin Trenary of Enel attended the August county board meeting and acknowledged at least one of the facility’s turbines had failed to curtail during some severe weather events this year.  “Curtailment” involves slowing the rotation of or stopping wind turbine rotation during severe weather warnings.  The practice is based on the possibility the rotation of the blades could interfere with Doppler radar’s ability to track funnel clouds and other weather activity.  Under the county’s ordinance, failure to curtail when necessary is punishable by a $5,000 fine.

Trenary said he wanted to address the issue, while also improving communications with county officials.

Land use chairman Buck Carter felt the county was not acting to fully enforce the code.

“We’re basically sitting here doing nothing,” Carter said.

Witte said, in his opinion, there had been at least one violation.  He said two others were questionable, referring to ordinance language.

“Two others are going to come down to language that is less clear,” Witte said.  “’In a reasonable time frame’,” Witte paraphrased from the ordinance.

“What is that?  Is it five minutes?  If not, is it six,” Witte asked.  “I think it was unreasonable based on the testimony (from facility site approval hearings), based on, it’s supposed to be automatic.”

Witte also said he believed storm activity occurring in Logan county, to the west, should alert wind facility operators to anticipate a warning could be issued for DeWitt County.  He added he did not know if the county had any legal basis for requiring such a practice.

“I guess we would refer it to the state’s attorney and he could consider it,” Witte said.  “My opinion is, we have to issue warnings every time they do not curtail at all, otherwise, we’ll never be able to enforce that condition.”

Witte said he felt five minutes was a reasonable time frame for wind facility operators to curtail turbines during weather warnings.

Carter said he felt the three incidents from earlier in the year Witte referred to were violations of the code.

“I thought there were three violations, and I think they should have been notified …and if they disagreed, they could counter it,” Carter said.

Committee member Megan Myers said she believed there had been clear violations.

“If there’s an issue, there needs to be a fine, and they can contest it,” Myers said.

Myers said the ordinance allows for the rule to be “liberally interpreted in favor of the county.”  She felt Enel had received enough time to correct any problems with the Alta Farms II facility.

“I’m with you,” Witte said.  “We can issue a fine, and they can make their case.”

Witte said he talked to Trenary the day after the August board meeting and “wanted to believe they’re going to make every effort they can to fix these issues and give an updated status prior to storm season next spring.” 

However, he said, in the meantime, issuing fines was the only method the county had for making its point.