§ 153.07 DECOMMISSIONING PLAN.
   (A)   The WECS project must contain a decommissioning plan to ensure it is properly decommissioned upon the end of the project life or facility abandonment. Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet; restoration of the soil; and restoration of vegetation within six months of the end of project life or facility abandonment.
   (B)   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 also recite an agreement between the applicant and the county that:
      (1)   The financial resources for decommissioning shall be in the form of a surety bond, or shall be deposited in an escrow account with an escrow agent acceptable to the Zoning Enforcement Officer;
      (2)   A written escrow agreement will be prepared, establishing upon what conditions the funds will be disbursed;
      (3)   The county shall have access to the escrow 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;
      (4)   The county is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning;
      (5)   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 applicant or applicant 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; and
      (6)   Financial provisions shall not be so onerous as to make wind power projects unfeasible.
(Prior Code, 7 TCC 3-7)