Forty Fort Borough, Luzerne County

"(1) The owner or operator of a major energy system or then owner of the land on which the major energy system is located owner(s)/operator(s)/landowner(s) shall complete decommissioning within 12 months after the end of the useful life. Upon written request by the owner(s)/operator(s)/landowner(s) and for a good cause shown, the Borough may grant a reasonable extension of time. The major energy system will be presumed to be at the end of its useful life if no electricity or other form of power is generated for a continuous period of 12 months. All decommissioning expenses shall be the responsibility of the owner(s)/operator(s)/landowner(s) of the major energy system. (2) Decommissioning shall include the removal of panels, buildings, electrical components, and roads to a depth of 60 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining foundation shall be identified on a map as such and recorded with the deed to the property with the County Register of Deeds. (3) All access roads to the major energy system shall be removed, cleared, and graded by the owner(s)/operator(s)/landowner(s), unless the landowner(s) requests, in writing, a desire to maintain the access road. The Borough will not be assumed to take ownership of any access road unless through official action of the Borough Council. (4) The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s)/operator(s)/landowner(s) or their assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion." "(h) If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the periods addressed previously, then the Borough may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Borough may take such action as necessary to implement the decommissioning plan." See "Financial assurance..." for further information.