Forward Township, Butler County

"3. An independent and licensed professional engineer shall be retained by the facility owner or operator to calculate the estimated cost of the complete decommissioning of the facility without regard to salvage value of the equipment. This value shall be known as "the decommissioning cost." This cost shall also consider any soil remediation necessary or anticipated. Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter on the anniversary of the startup date of the facility. 4. The facility owner or operator shall post and maintain with the Township decommissioning funds in an amount equal to decommissioning costs provided or a value of 100% of the decommissioning cost calculated by a registered professional engineer. The decommissioning funds shall be provided by a bonding company or acceptable financial institution and held by the Township in escrow 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 of Pennsylvania and is approved by the Township. 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 Township. If neither the facility owner nor operator complete decommissioning within the prescribed period, then the Township may take such measures as necessary to complete decommissioning at the cost of the facility owner, operator, or property owner. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan. The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township to implement the decommissioning plan."