An environmental permitting entity shall approve a decommissioning plan whenever it finds the following: [PL 2021, c. 151, §1 (NEW).]
1. Successful decommissioning. The plan, if implemented, will result in successful decommissioning of the solar energy development, including the restoration of farmland sufficient to support resumption of farming or agricultural activities;

[PL 2021, c. 151, §1 (NEW).]

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Terms Used In Maine Revised Statutes Title 35-A Sec. 3495

  • Decommissioning: includes the grading to postconstruction grade and revegetation of all earth disturbed during construction and decommissioning, except for areas already restored, providing for the recycling of the waste components of the solar energy development that are recyclable, including, but not limited to, the solar panels, by a facility authorized to accept such materials for recycling and providing for the disposal of the waste components of the solar energy development that are not recyclable by a facility authorized to accept such materials for disposal. See Maine Revised Statutes Title 35-A Sec. 3491
  • Environmental permitting entity: means :
A. See Maine Revised Statutes Title 35-A Sec. 3491
  • Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • 2. Financial assurance. The person identified in the plan as responsible for decommissioning demonstrates financial assurance, in the form of a performance bond, surety bond, irrevocable letter of credit or other form of financial assurance acceptable to the environmental permitting entity, for the total cost of decommissioning; and

    [PL 2021, c. 151, §1 (NEW).]

    3. Update. The plan requires the financial assurance be updated 15 years after approval of the plan and no less frequently than every 5 years thereafter. Updates to financial assurance required under this subsection must be submitted to the environmental permitting entity on or before December 31st of the year in which such updates are required.

    [PL 2021, c. 151, §1 (NEW).]

    SECTION HISTORY

    PL 2021, c. 151, §1 (NEW).