1. The owner/operator shall, at its expense, complete decommissioning of the facility or of any individual turbine, within twelve (12) months after the end of the useful life of the facility or of any individual turbine. The facility or individual turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
2. Decommissioning shall include removal of turbines, buildings, structures, cabling, electrical components, roads, and foundations to a depth of thirty-six (36) inches, as well as any other associated facilities/equipment. Disturbed earth shall be graded and reseeded with native flora.
3. An independent and New Mexico state certified professional engineer shall be retained to estimate the total cost of decommissioning (“Decommissioning Costs”) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (“Net Decommissioning Costs”). Said estimates shall be submitted to the County after the first year of operation and every fifth year thereafter.
4. The large wind energy facility owner/operator shall post and maintain funds (“Decommissioning Funds”) in an amount equal to Net Decommissioning Costs; provided that at no point shall the Decommissioning Funds be less than twenty-five percent (25%) of Decommissioning Costs.
5. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner/operator posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the State and is approved by the County.
6. Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guaranty or other form of financial assurance as may be acceptable to the County.