Forty Fort Borough, Luzerne County

"(1) ... All decommissioning expenses shall be the responsibility of the owner(s)/operator(s)/landowner(s) of the major energy system." "(5) In addition to the decommissioning requirements listed previously, the major energy system shall also be subject to the following: (a) If the owner(s)/operator(s)/landowner(s) fails to complete decommissioning within the period prescribed above, the Borough may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. The Borough shall be authorized to use all means provided in law, including a municipal lien, to recover all costs of decommissioning. If the major energy system is not owned by the landowner(s), a bond must be provided to the Borough for the cost of decommissioning the major energy system. (b) An independent and certified professional engineer shall be retained by the Borough to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Borough may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter. The engineer's fees shall be paid by the owner(s)/operator(s)/landowner(s) (c) The owner(s)/operator(s)/landowner(s) shall post and maintain decommissioning funds in an amount equal to or greater than net decommissioning costs; provided that at no point shall decommissioning funds be less than 100% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or state-chartered lending institution chosen by the owner(s)/operator(s)/landowner(s) posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Borough. (d) Decommissioning funds shall be in the form of a performance bond made out to Forty Fort Borough. (e) A condition of the bond shall be notification by the bond company to the Borough Council when the bond is about to expire or be terminated. (f) Failure to keep the bond in effect while a major energy system is in place will be a violation of the zoning approval as a conditional use. If a lapse in the bond occurs, Forty Fort Borough may take action up to and including requiring ceasing operation of the major energy system until the bond is reposted. (g) The escrow agent shall release the decommissioning funds when the owner(s)/operator(s)/landowner(s) has demonstrated and the Borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the Borough in order to implement the decommissioning plan. (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."