W. Va. Code R. § 60-11-4 - Decommissioning Agreement

4.1. Unless exempt, the owner of each solar or wind generation facility must prepare a decommissioning plan. A decommissioning plan must include:

4.1.a. A commitment to remove all aboveground solar panels, wind turbines, and towers;

4.1.b. Plans, including general structural and electrical information, relative to the calculation of the bond for all facilities and all disturbances associated with the facility. The plans must be certified by a professional engineer that that the as-built plans are complete and accurate. The department may allow treatment of all or a portion of the plan as confidential information if the owner demonstrates to the department's satisfaction that the information or plan may be protected pursuant to West Virginia Code § 29B-1-4;

4.1.c. A detailed estimate of the cost of decommissioning the facility with supporting calculations, including:

4.1.c.i. A detailed estimate of the current salvageable value of the facility by an evaluator who is a qualified independent party; and

4.1.c.ii. An estimate of all other expenses related to decommissioning that are the responsibility of the owner.

4.1.d. A description of the manner in which the facility will be decommissioned and a proposed decommissioning schedule, which, except as provided for in 4.2, must include:

4.1.d.i. Removal of all overhead electrical transmission lines and structures, transformers, buildings, and all other ancillary equipment and debris from operation of the facility that is not associated with interconnecting the facility into the electrical grid;

4.1.d.ii. Removal of all underground cables and pipelines to a depth of 24 inches or deeper if necessary for the post operation land use;

4.1.d.iii. Removal of wind turbine and solar foundations and other concrete foundations and slabs to a minimum depth of 36 inches below the surface;

4.1.d.iv. Reclamation of the facility site to the approximate original surface topography that existed prior to the start of the construction of the facility with grading, topsoil application over the disturbed areas at a depth similar to that in existence prior to the disturbance, reseeding, and revegetation to achieve the same utility as the surrounding area at the time of decommissioning to prevent adverse hydrological effects;

4.1.d.v. Repair and reconstruction from damage to public roads, culverts, and natural drainage ways resulting directly from operation of or decommissioning of the facility; and

4.2. In lieu of the foregoing decommissioning plan requirements, a landowner and the owner of a solar or wind generation facility, and to the extent necessary any local governing body, may reach an alternative decommissioning agreement concerning:

4.2.a. Alternative restoration of buildings, equipment, other associated property (including appurtenant land, improvements, and personal property), cabling, electrical components, roads, or any other associated facilities (instead of removal); and/or

4.2.b. Alternative plans for the reclamation of surface lands.

4.3. The alternative decommissioning agreement may be specific to decommissioning or it may be a more general agreement, such as a deed, lease, contract, or other writing, with specific provisions relating to decommissioning.

4.4. The alternative decommissioning agreement must be provided to the department for review, and the department must approve or deny the alternative plan submission within 90 days of receipt. The department shall only deny an alternative decommissioning agreement if they determine that it will not result in the restoration of the property to a condition in which it can be used towards the same or a similar use as its use prior to the onset of the alternative decommissioning agreement. The department shall require, as a condition of any approval or modification of an alternative decommissioning agreement, that the parties grant the department and the Public Service Commission authority to enforce compliance with the alternative decommissioning agreement, through legal or administrative proceedings.

4.5. Decommissioning agreements which legally bind exempt parties are not subject to approval or modification by the department but are subject to review and comment by the department.

Notes

W. Va. Code R. § 60-11-4