Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.86 - ENERGY
Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding
Rule 17.86.122 - RELEASE OF BOND; USE OF BOND BY DEPARTMENT

(1) The department shall release a bond if the department is satisfied that an owner has completed decommissioning of a facility in accordance with the decommissioning plan or as otherwise agreed to by the department in consultation with the landowner.

(2) At any time, an owner or any person authorized to act on behalf of the owner may make a written request to the department for release of all or a portion of a bond, and the department shall reply with a determination within 90 days unless the conditions do not permit access to the facility or a representative of the owner is not available within the 90-day period. The owner shall allow and accompany the department in an inspection of the facility to verify the adequacy of decommissioning for bond release.

(3) Upon bond forfeiture for an abandoned facility, the department, with staff, equipment, and material under its control or by contract with others, may take any necessary action to decommission the facility.

(4) Before decommissioning is considered complete, each wind generation facility owner shall record a map with the local county recorder showing the location of any remaining wind turbine foundation and its depth. The owner shall submit a copy of the map showing that it was stamped by the recorder, and associated documents, to the department.