Foster Township, Luzerne County

"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) fail to complete decommissioning within the period prescribed above, the Township 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 Township 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 Township for the cost of decommissioning the major energy system. (b) An independent and certified professional engineer shall be retained by the Township 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 Township 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 Township 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 Township. (d) Decommissioning funds shall be in the form of a performance bond made out to Foster Township. (e) A condition of the bond shall be notification by the bond company to the Township Supervisors 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, Foster Township 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 Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township 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 Township may take such measures as necessary to complete decommissioning. 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."