West Virginia Code § 64-3-2

Department of Environmental Protection – Secretary's Office
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The legislative rule filed in the State Register on July 29, 2022, authorized under the
authority of §22-32-7 of this code, relating to the Department of Environmental Protection –
Secretary's Office (reclamation of solar and wind electricity generating facilities, 60 CSR
11), is authorized with the following amendments:
On page 5, subparagraph 4.1.d.iii after the word, 'slabs" by inserting the words "to a
minimum depth of 36 inches below the surface";
On page 5, subsection 4.4 after the word "receipt" by adding theu following:
"The department shall only deny an alternative decommissioning agreement if they
determine that it will not result in the restoration of the property to a condition in which it
can be used towards the same or a similar use as its usae prior to the onset of the alternative
decommissioning agreement.";
And,
On page 7, by striking out subdivision 6.2.a and inserting in lieu thereof subdivision 6.2.a to
read as follows:
"6.2.a. Estimated costs of decommissioning and salvage value as submitted by the owner in
the decommissioning plan and in accordance with these rules with such costs estimated by
the department using current machinery production handbooks and publications or other
documented or substantiated cost estimates acceptable to the department."

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