Decommissioning.
 

A. The landowner or energy facility operator shall, at its expense, complete decommissioning of the alternative or emerging energy facility within 12 months after the end of the useful life of the alternative and emerging system. The alternative or emerging energy system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

B. The removal of the aboveground alternative or emerging energy facility components shall be completed within 12 months of decommissioning of the alternative or emerging energy system. All disturbed earth shall be restored, graded, and reseeded.

C. Unless otherwise required by Middletown Township, the landowner shall be responsible for the following financial and inspection provisions as part of the decommissioning efforts:
 

(1) The landowner or facility operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by Middletown Township.

(2) An independent and certified professional engineer may be retained by Middletown Township to inspect the decommissioning of the alternative and emerging systems. All such inspection fees shall be paid by the applicant or landowner.

(3) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Middletown Township.

(4) Middletown Township may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the decommissioning plan.
 

D. If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, Middletown Township may take such measures as necessary to complete decommissioning in accordance with the laws of Middletown Township and the Commonwealth of Pennsylvania.

See Article XXIX: Alternative Energy for complete, detailed information.