W. Va. Code R. § 60-11-16

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 60-11-16 - Release of Bond; Use of Bond by Department

16.1. The department shall release a bond if the department is satisfied that an owner has completed decommissioning of a facility in accordance with the decommissioning plan or as otherwise agreed to by the department in consultation with the landowner.

16.2. At any time, an owner or any person authorized to act on behalf of the owner may make a written request to the department for release of all or a portion of a bond, and the department shall reply with a determination within 90 days unless the conditions do not permit access to the facility within the 90 days period. The owner shall allow the department to inspect the facility to verify the adequacy of decommissioning for bond release.

16.3. Upon bond forfeiture for an abandoned facility, the department, with staff, equipment, and material under its control or by contract with others, may take any necessary action to secure and decommission the facility.

16.4. Before decommissioning is considered complete, each wind generation facility owner shall record a map with the appropriate county clerk's office showing the location of any remaining wind turbine foundation and its depth. The owner shall submit a copy of the map showing that it was stamped by the appropriate county clerk, and associated documents, to the department.

W. Va. Code R. § 60-11-16