Eldred 2nd Township, Jefferson County
- County
- Jefferson County
- Citation
- 3.3.Q; 3.3.S to 3.3.T (2024) [pg. 9-11 of "Ordinance 2024..." PDF]
- Date of data entry
- Aug 24, 2024
- Source document
- View the ordinance (opens in a new tab)
Relevant text
"Q. The owner of property on which a solar energy facility is located and/or the owner or operator of the solar energy facility shall notify the Township immediately upon cessation or abandonment of the operation and, at its sole cost and expense, complete the decommissioning of the facility within 12 months after cessation or abandonment of the operation, or the end of the useful life of the facility. The facility will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months."
"S. An independent Professional Engineer, registered in the Commonwealth of Pennsylvania, shall be retained by the owner of the property on which a solar energy facility is located and/or the owner or operator of the solar energy facility to estimate the total cost of decommissioning without regard to salvage value of the equipment ("Decommissioning Costs") and the net decommissioning costs. Said estimates shall be submitted to Eldred Township with the permit application required in Section 3.1 above.
T. If the solar energy facility is not completely decommissioned by the owner of the property on which a solar energy facility is located and/or the owner or operator of the solar energy facility within the prescribed period:
i. The Township shall give written notice to the person issued the permit provided for in Section 3.1(A) above, the owner of the property on which the solar energy facility is located, the surety on any bond, and/or the issuer of any letter of credit that more than 12 months have expired since the end of the useful life of the facility, and under the Ordinance, the property owner, solar energy facility owner and/or solar energy facility operator is required to complete the decommissioning of the solar energy facility. The notice shall state the reasons upon which the Township determined the facility is at the end of its useful life, the amount of time the property owner, solar energy facility owner and/or solar energy facility operator has to complete the decommissioning, and that the Township will use the financial security to have the decommissioning completed if the property owner, solar facility owner and/or solar facility operator has not done so within the time specified in the notice.
ii. In the event that the property owner, solar energy facility owner and/or solar energy facility operator has not completed the decommissioning within the time specified in the notice required under Section 3.3(T)(i), the surety on the bond or issuer of the letter of credit, if applicable, shall be required to either cause the required decommissioning to be completed or, in the alternative, pay over to the Township a sum equal to 100% of the estimated net decommissioning cost. Upon receipt of such funds, the Township shall then proceed to have the decommissioning completed; however, no liability shall be incurred by the Township as a result of any action taken by it, other than its responsibility to see to the proper expenditure of any funds so received by it. Should a cash deposit or cashier's check have been posted as the required financial security, the Township shall have the right to use such amounts as provided for in this subsection."