Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-11-6 - Determination of Bond Amount6.1 Unless exempt, each solar and wind generation facility shall provide a decommissioning bond conditioned on the faithful decommissioning of the facility. The department shall set the bond amount at the estimated amount for the department to perform the decommissioning work required of an owner.6.2. The bond amount must be based on: 6.2.a. Estimated costs of decommissioning and salvage value as submitted by the owner in the decommissioning plan and in accordance with these rules with such costs estimated by the department using current machinery production handbooks and publications or other documented or substantiated cost estimates acceptable to the department;6.2.b. Estimated costs to the department that may arise from applicable public contracting requirements or the need to bring personnel and equipment to the facility after its abandonment by the owner to perform decommissioning and reclamation work;6.2.c. Estimated costs to the department that may arise from management and maintenance of the facility upon owner insolvency or abandonment, until full bond liquidation can be effected; and6.2.d. Other cost information as may be required by or available to the department.6.3. The value of the bond shall be based upon the total disturbed acreage of land upon which the facility is operated, less salvage value, and shall not exceed the total projected future cost of decommissioning, less salvage value. In determining the amount of bond required, the department shall consult with the facility owner and provide the owner with a preliminary bond determination.6.4. The line items in the bond calculations are estimates only and are not limits on spending of any part of the bond to complete any particular task subsequent to forfeiture of the bond or settlement in the context of bond forfeiture proceedings.6.5. The department shall notify the owner of the facility by certified mail of any denial, approval, or modification to the decommissioning plan or the bond amount. Any person adversely affected by a decision of the department to approve or deny a decommissioning plan; to establish the amount of a decommissioning bond; to approve or deny an application to modify a decommissioning plan or bond; to grant or release a decommissioning bond, or to forfeit a decommissioning bond may appeal that decision to the Environmental Quality Board within 30 days after receipt of written notice of the department's action, and thereafter to the appropriate court in accordance with the provisions of West Virginia Code § 22B-1-1, et seq.