The provisions in this section are in addition to the general violation, penalties, and enforcement provisions of this subchapter. Lake County shall retain authority to enforce the height and setbacks for solar energy systems in § 151.112(XX) and additional requirements and standards for solar energy systems as identified in Appendix T.
(A) Decommissioning plan and assurances. The applicant (or owner, if different from applicant) must submit a decommissioning plan with cost estimation to the county as part of the siting application and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for the commercial solar energy facility, the applicant or owner shall provide a decommissioning agreement and post the required financial assurances for the benefit of the county. Periodically, and as required by the Agricultural Impact Mitigation Agreement, the owner must update the decommissioning plan, cost estimations, and provide updated financial assurances to the benefit of the county.
COMMENTARY: The Decommissioning Agreement and financial assurances shall comply with 55 ILCS 5/5-12020 and the Agricultural Impact Mitigation Agreement. |
(B) Removal requirements.
(1) Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the county by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a) Physical removal of all solar energy systems, structures, equipment, security barriers and electrical wiring lines from the site; and
(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and
(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The county may allow the owner or operator to leave landscaping in order to minimize erosion and disruption to vegetation.
(2) Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a commercial ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the county. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the county may seek a court order to require the property owner to remove an abandoned, hazardous, or decommissioned ground-mounted solar energy system. The county also retains the right, after the receipt of an appropriate court order, to enter and remove the ground-mounted solar energy system and lien the property for such costs. As a condition of site plan and/or special/conditional use permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
(Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)