§ 8-1-42-18 — Decommissioning and site restoration plan; posting of surety bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value; project owner's notice of intent to decommission CSE system; ground restoration; project owner's failure to remove project assets; assets allowed to remain in place with landowner's consent

(a) Subject to subsection (b), and except as
otherwise allowed by IC 36-7-4-1109, a project owner may not install
or locate a CSE system in a unit unless the project owner submits to the
permit authority a decommissioning and site restoration plan, and posts
a surety bond, or an equivalent means of security acceptable to the
permit authority, including a parent company guarantee or an
irrevocable letter of credit, but excluding cash, in an amount equal to
the estimated cost of decommissioning the CSE system, as calculated
by a third party licensed or registered engineer or by another person
with suitable experience in the decommissioning of CSE systems, as
agreed upon by the project owner and the permit authority. The
required bond or other security shall be posted in increments such that
the total amount of the bond or security posted is as follows:
(1) An amount equal to twenty-five percent (25%) of the total
estimated decommissioning costs not later than the start date of
the CSE system's full commercial operation.
(2) An amount equal to fifty percent (50%) of the total estimated
decommissioning costs not later than the fifth anniversary of the
start date of the CSE system's full commercial operation.
(3) An amount equal to one hundred percent (100%) of the total
estimated decommissioning costs not later than the tenth
anniversary of the start date of the CSE system's full commercial
operation. For purposes of this subdivision, the total estimated
decommissioning costs shall be reevaluated by a third party
licensed or registered engineer (or by another person with suitable
experience in the decommissioning of CSE systems, as agreed
upon by the project owner and the permit authority):
(A) in connection with the tenth anniversary of the start date of
the CSE system's full commercial operation; and
(B) at least once every succeeding five (5) year period after the
tenth anniversary of the start date of the CSE system's full
commercial operation;
and the total amount of the bond or security posted under this
subdivision shall be adjusted as necessary after each reevaluation.
(b) For purposes of this section, the estimated cost of
decommissioning a CSE system, as calculated by a licensed or
registered professional engineer (or by another person with suitable
experience in the decommissioning of CSE systems, as agreed upon by
the project owner and the permit authority), shall be net of any
estimated salvage value attributable to the CSE system at the time of
decommissioning, unless the unit and the project owner agree to
include any such value in the estimated cost.
(c) A project owner shall provide to the permit authority written
notice of the project owner's intent to decommission a CSE system not
later than sixty (60) days before the discontinuation of commercial
operation by the CSE system. Except as provided in subsection (e),
after the discontinuation of commercial operation by the CSE system,
and as part of the decommissioning process:
(1) all structures, foundations, roads, gravel areas, and cables
associated with the project shall be removed to a depth of at least
thirty-six (36) inches below grade; and
(2) the ground shall be restored to a condition reasonably similar
to its condition before the start of construction activities in
connection with the CSE system project.
(d) Except as provided in subsection (e), if the project owner fails
to remove all CSE system project assets not later than one (1) year after
the proposed date of final decommissioning, as set forth in the notice
to the permit authority under subsection (c), the permit authority may
engage qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
(e) Project assets may remain in place after decommissioning is
complete if:
(1) the location and condition of the assets conform with local
regulations at the time of decommissioning; and
(2) the written consent of the landowner is obtained.

Legislative History

As added by P.L.90-2022, SEC.2.