1333.17 DECOMMISSIONING.
(a) The facility owner and operator shall, at its sole expense, complete decommissioning of the wind energy facility, or individual wind turbines, within three (3) months after the end of the useful life of the facility or individual wind turbines.
(b) The wind energy facility or wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of three (3) months.
(c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a below grade depth of thirty-six (36) inches, and any other associated facilities.
(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) At the sole cost of the facility owner, an independent and Ohio certified - SEII structural engineer shall certify the total cost of decommissioning without regard to the salvage value of the equipment ("Decommissioning Costs").
(f) The facility owner or operator shall post and maintain with the City an amount equal to one hundred fifteen percent (115%) of the original Decommissioning costs. In the alternative, the one hundred fifteen percent (115%) of the Decommissioning Costs may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City Law Director.
(g) If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (a) above, then the landowner shall have three (3) months to complete decommissioning.
(h) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (g) above, then the City may take such measures as necessary to complete decommissioning and use the posted funds for such purpose. The entry into and submission of evidence of a participating landowner agreement to the City shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the City may take such action as necessary to implement the decommissioning plan as set forth herein, including upon the property and removal of all decommissioned structures.
(i) The City shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the City concurs that decommissioning has been satisfactorily completed, or upon written approval of the Municipality in order to implement the decommissioning plan. (Ord. 2009-30. Passed 8-11-09.)