Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.86 - ENERGY
Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding
Rule 17.86.105 - DECOMMISSIONING PLAN
Universal Citation: MT Admin Rules 17.86.105
Current through Register Vol. 18, September 20, 2024
(1) A decommissioning plan must include:
(a) a commitment to remove all
aboveground wind turbines and towers;
(b) as-built 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 as-built plans
must include an affidavit signed by an owner or any person authorized to act on the
owner's behalf attesting to the completeness and accuracy of the as-built plans or
be certified by a professional engineer that the as-built plans are complete and
accurate. The department may allow redaction, the filing of a less detailed plan, or
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
2-6-1003,
MCA;
(c) a detailed estimate of the cost
of decommissioning the facility with supporting calculations;
(d) any agreement(s) signed by all landowners and
facility owners providing for alternative reclamation or the non-removal of
buildings, cabling, electrical components, roads or any associated facilities. The
agreement may be specific to decommissioning or it may be a more general agreement
with specific provision relating to decommissioning. A general agreement may contain
redactions to protect information that is not necessary for the department's
review;
(e) a description of the manner
in which the facility will be decommissioned and a proposed decommissioning
schedule, which, except as provided in (1)(d), must include:
(i) dismantling and 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 electric grid;
(ii) removal of all underground cables and
pipelines to a depth of 24 inches or deeper if necessary for the post operation land
use;
(iii) removal of wind turbine and
solar foundations and other concrete foundations and slabs to a minimum depth of 36
inches below natural grade or an alternative depth as approved by the department if
appropriate for the post operation land use;
(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;
(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
(vi) removal and grading of all access roads to
pre-construction or natural grade as appropriate;
(e) a detailed estimate of the current salvageable
value of the facility by an evaluator who is not an employee of the owner; and
(f) an estimate of all other expenses
related to decommissioning that are the responsibility of the
owner.
AUTH: 75-26-310, MCA; IMP: 75-26-304, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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