Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-7 - Decommissioning

Current through 2024-29, July 17, 2024
An applicant must demonstrate adequate financial capacity to
				  decommission the proposed wind energy development if required at any time
				  during construction or operation of the development, or upon termination of
				  development operations. This must include a demonstration that this financial
				  capacity will be unaffected by any future changes in the applicant's financial
				  condition. The obligation to decommission the development must be transferred
				  to any future owner of the development in the event of a transfer of title. The
				  financial capacity demonstrated must be sufficient to fully fund any necessary
				  decommissioning costs commensurate with the wind energy development's scale,
				  location and other relevant considerations, including but not limited to those
				  associated with site restoration and turbine removal ( P.L. 2007, Ch. 661,
				  §B-13(6)).
A.
Decommissioning plan.
The applicant must provide a plan for
				decommissioning which describes how one or more of the proposed turbines and
				other components of the proposed development would be dismantled and removed
				from the site when one or more individual turbines or the generating facility
				as a whole ceases to generate electricity. Subsurface components must be
				removed to a minimum of 24 inches below grade, generating facilities must be
				removed and disturbed areas must be revegetated. Before decommissioning
				commences, the licensee must submit a plan for the continued beneficial use of
				any component(s) of the wind energy development proposed to be left on-site to
				the Department for review and approval.
B.
Trigger for decommissioning.
Decommissioning of one or more individual non-generating turbines in a wind
				energy development is required if no electricity is generated from such a
				turbine or turbines for a continuous period of 12 months. Decommissioning of
				the development as a whole is required if no electricity is generated by the
				development for a continuous period of 12 months. The licensee may obtain an
				extension of this period by providing evidence showing that although one or
				more turbines have not generated electricity for a continuous period of 12
				months, the development or turbine(s) has not been abandoned and the
				decommissioning requirement should not be triggered. The requirement to
				decommission the wind energy development will be triggered by the expiration of
				the design life of the development, unless the licensee of the development
				submits evidence to the Department demonstrating that continued operation of
				the development will not result in any changes that would increase
				environmental impacts or other risks associated with the development. When the
				decommissioning requirement is triggered, the decommissioning of the
				development, or of any turbines which are no longer generating electricity,
				must be completed within twelve months. If the licensee fails to decommission
				the non-generating turbine(s) or the development as required within twelve
				months of triggering the decommissioning requirement, the state may enter the
				property and decommission the non-generating turbine(s) or the development, as
				appropriate, using the funds set aside for that purpose as described
				below.
C.
Financial
				assurance.
The applicant shall submit documentation of financial
				assurance to the Department demonstrating that the decommissioning costs will
				be fully funded prior to the start of construction. The applicant must
				establish financial assurance for the decommissioning costs in the form of a
				performance bond, surety bond, irrevocable letter of credit, or other form of
				financial assurance acceptable to the Department for the total cost of
				decommissioning. The financial assurance must be established prior to
				initiation of construction of the wind energy development. The projected cost
				of decommissioning the project must be determined by an independent third-party
				consultant, and may not include salvage value of project components. The
				licensee must re-evaluate the decommissioning costs at least once every two
				years throughout the life of the development to account for price fluctuations.
				The cost estimate for decommissioning the entire development shall also be
				reevaluated after any decommissioning of one or more individual turbines
				occurs. The requirements to establish specific costs and to re-evaluate costs
				may be waived in instances where an acceptable performance bond is
				submitted.
D.
Notification of
				turbine failure.
The licensee must notify the Department in writing
				within two business days of any turbine failure or other incident that the
				licensee anticipates will result in a turbine being off-line for a period
				greater than six months.
E.
Extension for turbine repair or replacement.
If one or more
				turbines are rendered inoperable by unanticipated mechanical or structural
				failures, or by fire, earthquake, flood, tornado, or other natural disaster; or
				war, civil strife or other similar violence, and if it will take more than
				twelve months to repair or replace the inoperable turbine(s), the licensee may
				request an additional twelve months to accomplish the repair or replacement
				without triggering the decommissioning requirement. The licensee must request
				this extension within six months of the event which renders the turbine(s)
				inoperable. The licensee must submit to the Department, for review and
				approval, a plan establishing a reasonable assurance that the turbine(s) will
				be brought back into operation within twenty-four months of the event. If the
				request is denied, the decommissioning of the inoperable turbine(s) must be
				initiated within eighteen months of the event.