Section 69-09-09-05 - Decommissioning requirements1. Decommissioning the facility includes:a. Dismantling and removal of all towers, turbine generators, transformers, fencing, overhead cables, inverters, transformers, substations and other equipment; b. Removal of underground cables to a depth of twenty-four inches [60.96 centimeters];c. Removal of foundations, buildings, and ancillary equipment to a depth of: (1) Three feet [91.44 centimeters] for facilities constructed before July 1, 2017; and(2) Four feet [121.92 centimeters] for facilities constructed on or after July 1, 2017;d. Site restoration and reclamation to the approximate original topography that existed prior to construction of the facility with topsoil respread over the disturbed areas at a depth similar to that in existence prior to the disturbance; and e. Grading and restoring topsoil of areas disturbed by the facility, and reseeding according to natural resource conservation service recommendations, unless the commission approves an owner request signed by the applicable landowner, identifying the surface features the landowner prefers to remain in place, and the reason the landowner prefers those features to remain. 2. The commission may waive a decommissioning requirement upon receipt of a request signed by the applicable landowner and finding good cause that the requirement be waived.N.D. Admin Code 69-09-09-05
Effective October 1, 2008.Amended by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 28-32-02, 49-02-27
Law Implemented: NDCC 49-02-27