(A) Commercial wind energy conversion systems: The WECS project must contain a decommissioning plan to ensure it is properly decommissioned at the end of the project life or facility abandonment. For purposes of this section, "facility abandonment" shall mean a consecutive period of time of not less than one year. Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet (4'), restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. The decommissioning plan shall state how the facility will be decommissioned, the professional engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited. The decommissioning plan shall be updated every six (6) years regardless of the type of unit, at a minimum. The decommissioning plan shall also include an agreement between the applicant and the village of Manteno which states:
1. The financial resources for decommissioning, which shall be in the form of a surety bond, or shall be deposited in an escrow account with an escrow agent acceptable to the village board, shall be renewed annually.
2. If the applicant chooses an escrow agreement:
(a) A written escrow agreement will be prepared, establishing the amount of disbursement; and
(b) The village shall have access to the escrow account funds for the purpose of completing decommissioning if not completed by the applicant within six (6) months of the end of project life or facility abandonment.
3. The village is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
4. The village is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the village's right to seek reimbursement from applicant or applicant's successor for decommissioning costs in excess of the amount deposited in escrow and to file a lien against any real estate owned by 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 said lien.
Financial provisions shall not be so onerous as to make WECS projects unfeasible.
(B) Small wind energy conversion systems (noncommercial): The WECS project application shall contain a notarized letter stating that a decommissioning plan exists for a time when the WECS is no longer in operation. A facility shall be deemed to have ceased operation if it has been idle for a period of twelve (12) months. The owner must certify that decommissioning will include removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet (4'), restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. In the event that decommissioning is not completed by the owner, the village of Manteno is granted the right to seek reimbursement for decommissioning costs and to file a lien against any real property owned by the applicant or applicant's successor, or in which they have an interest, and to take all steps allowed by law to enforce said lien. (Ord. 08-32, 4-6-2009)