(A) The application for a WESF project must contain a decommissioning plan to ensure the WESF will be properly decommissioned upon the end of the project life or facility abandonment.
(B) The decommissioning plan shall include:
(1) Removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet;
(2) Restoration of the soil and restoration of vegetation within six months of the end of project life or facility abandonment;
(3) An estimated cost of decommissioning provided by a mutually agreed upon licensed professional engineer (at the expense of the applicant);
(4) The financial resources to be used to accomplish decommissioning;
(5) The financial agent with which the resources shall be deposited;
(6) An agreement between the applicant and the county that:
(a) The financial resources for decommissioning shall be in the form of a reclamation bond, an irrevocable letter of credit or shall be deposited in an escrow account with an escrow agent acceptable to the Zoning Enforcement Officer, Final approval on the form of the financial resource shall rest solely with the County Board or its designee. The financial resource shall be reviewed and adjusted accordingly every three years based on the engineering's estimated cost.
(b) A written financial agreement will be prepared establishing upon what conditions the funds will be disbursed;
(c) The county shall have access to the financial account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of project life or facility abandonment;
(d) The county is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning; and
(e) The county is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the county’s right to seek reimbursement from the applicant or applicant’s successor for decommissioning costs in excess of the amount deposited in financial account and to file a lien against any real estate owned by the applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce the lien.
(7) Financial provisions shall not be so onerous as to make wind power projects unfeasible.
(Ord. passed 4-23-2009; Am. Res. 2018-04, passed 4-19-2018)