W. Va. Code R. § 60-11-10

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 60-11-10 - Adjustment of Bond Amount

10.1. Once every five years, an owner may request a reduction of the required bond amount by submitting to the department an amended decommissioning plan. If the department finds that the amended decommissioning plan reduces the estimated cost to the department to complete decommissioning, the department may approve reducing the bond. Prior to denying the request in whole or in part, the department shall consult with the owner. The department shall issue its decision within 90 days of receipt of the facility owner's request.

10.2. The department shall review each nonexempt decommissioning plan and bond amount every five years after a facility is bonded, or when a new owner submits a revised decommissioning plan. The department may increase the amount of the bond if the facility has expanded or the cost to decommission the facility has otherwise increased. The department shall notify the owner of any proposed bond increase and provide the owner an opportunity for an informal conference on the proposal. If the department determines that the bond amount must be increased, it shall mail to the owner a written justification for the increase. The owner shall increase the bond amount within 90 days after the date the written justification was mailed.

10.3. The owner of the solar or wind generation facility may appeal a determination relating to bond adjustments to the Environmental Quality Board within 30 after receipt of written notice of the agency approval or denial of the request for bond adjustment.

W. Va. Code R. § 60-11-10