Butler County

"[4] An independent and certified professional engineer shall be retained by the facility owner or operator to estimate the total cost of decommissioning without regard to salvage value of the equipment (“Decommissioning Costs”) and the cost of decommissioning net salvage value of the equipment (“Net Butler County Subdivision and Land Development Ordinance Decommissioning Costs”). Said estimates shall be submitted to the municipality after the first year of operation and every fifth year thereafter. [5] The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or Commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the County. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assistance as may be acceptable to the County. [6] If neither the facility owner nor operator complete decommissioning within the prescribed period then the County may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the County shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the County may take such action as necessary to implement the decommissioning plan. [7] The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.