N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.29

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.29 - Exhibit 29: site restoration and decommissioning

Exhibit 29 shall contain:

(a) A statement of the performance criteria proposed for site restoration in the event the facility cannot be completed and for decommissioning of the facility, including a discussion of why the performance criteria are appropriate. Among other things, the statement shall address:

(1) safety and the removal of hazardous conditions;

(2) environmental impacts;

(3) aesthetics;

(4) salvage and recycling;

(5) potential future uses for the site; and

(6) the useful life of the facility.

(b) A plan for the decommissioning and restoration of the facility site including how such decommissioning and restoration shall be funded and a schedule for the conduct of decommissioning and site restoration activities.

(c) For wind-powered generation facilities and other facilities to be located on lands owned by another, a description of all site restoration, decommissioning and guaranty/security agreements between the applicant and landowner, municipality, or other entity, including provisions for turbines, foundations, and electrical collection, transmission, and interconnection facilities.

(d) For nuclear power facilities, a plan for a trust fund to ensure:

(1) sufficient funding will be available to decommission the non-radiological portions of the facility and restore the site assuming a reasonable life expectancy for the facility and the commencement of decommissioning upon the cessation of operation of the facility; and

(2) segregation of funds such that radiological decommissioning and site restoration activities do not exhaust funds needed to decommission the non-radiological portions of the facility and to restore the site.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.29