Hopewell Township, York County

"(3) After a PSES has been determined to be abandoned or has been terminated by the PSES owner, the PSES owner must still secure the property pursuant to the applicable provisions of this Part until the PSES is completely decommissioned or returned to another allowed use." "(5) The PSES owner shall submit an estimate for the total cost of decommissioning without regard to salvage value of the equipment (gross decommissioning cost), and also an estimate of the cost of decommissioning net of the salvage value of the equipment (net decommissioning cost) to the Township for review and approval prior to obtaining a building permit for the PSES and the estimate shall then be updated and approved by the Township prior to occupancy of the PSES and every fifth year thereafter. Prior to the issuance of the building permit, the PSES owner shall post and maintain financial security in the amount of 110% of the net decommissioning costs, provided that at no point shall the financial security be less than 50% of the gross decommissioning costs. The financial security shall be in the form of a bank-issued letter of credit or cash escrow or other form of financial security approved by the Board. Cash escrow funds shall be held in an interest-bearing escrow account for the benefit of the PSES owner. This financial security must be updated to the present value every five years. (6) If the PSES owner fails to complete decommissioning within the required time period, then the landowner shall within six months complete decommissioning. The Township may draw on the financial security to reimburse the landowner or directly pay the decommissioning contractor for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Township. (7) If neither the PSES owner nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it may draw on the financial security to pay for all costs and expenses. If the decommissioning costs and expenses are greater than the financial security, then the Township may charge the landowner and/or PSES owner for the excess costs and expenses, including reasonable attorneys' fees for collection, and such amounts shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus an additional penalty of 10% of the assessment. (8) Upon completion of decommissioning to the satisfaction of the Township, any remaining financial security shall be released to the PSES owner."