HomeMy WebLinkAbout05 - V2 01-4 Decommissioning Plan FOR NYSDAM AP M4 got approval with this doc GROTON IIPage 1 of 11
Decommissioning Plan
Updated 11/13/2024
South Main Street Project #2
SBL: 31.-1-12.1
5MW Solar Facility
Prepared for:
Town of Groton
Tompkins County, New York
Prepared by:
NY Groton II (South Main Street), LLC
P.O. Box 384
Callicoon NY, 12783
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Contents
1. Introduction .................................................................................... 3
2. The Proponent ................................................................................ 5
2.1 Project Information ......................................................................... 5
3. Decommissioning of the Solar Facility ........................................... 5
4.1 Environmental Effects .................................................................... 6
4.2 Site Restoration............................................................................... 6
4.3 Managing Materials and Waste ....................................................... 7
4.5 Decommissioning Notification ....................................................... 8
4.6 Approvals ....................................................................................... 8
5. Cost of Decommissioning and Responsibility of Removal .............. 8
Appendix I Management of Excess Materials and Waste ……………………………...9
Appendix 2 Estimated Decommissioning Costs ………………………………………10
Appendix 3 Surety Bond Sample …………………………………….………………..11
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1. Introduction
NY Groton II (South Main Street), LLC (“Project Owner”), an affiliate of Delaware River Solar, LLC,
proposes to build a photovoltaic (PV) solar facility (“Solar Facility”) at South Main Street Ext. in the
Town of Groton (“Town”) under New York State’s Community Solar initiative. The Solar Facility is
planned to have a nameplate capacity of approximately 4 megawatts (MW) alternating current (AC)
total, to be constructed on private land (“Project Site”) leased by the Project Owner from the property
owner (“Property Owner”).
The Project Owner intends to follow the NYS Department of Agricultural Lands (Revision 10/18/2019)
(as may be amended from time to time, the “NYS Ag and Markets Guidance”) in relation to construction,
operation, and decommissioning of the Project, including the use of an agricultural/environmental
monitor.
This Decommissioning Plan (“Plan”) is being submitted to the Town as part of the application with
respect to Town of Groton Local Law #1 of 2024 Section 367 Energy Production (“Solar Law”). The
Solar Facility is considered a Large-Scale Solar Installation as set forth in the Solar Law. The
decommissioning requirement for a Large-Scale Energy System set forth in Section 367.10
Decommissioning and Removal, of the Solar Law reads as follows:
“367.10 Decommissioning and Removal.
A Large-Scale Solar Energy System which has been abandoned shall be decommissioned and removed.
The Large-Scale Solar Energy System owner and/or owner of the land upon which the system is located
shall be held responsible to physically remove all components of the system within one year of
abandonment. Removal of the Large-Scale Solar Energy System shall be in accordance with a
decommissioning plan approved by the Town Board. A schedule of fines shall be approved and adopted
by the Town Board to be imposed on the Landowner in the event there is a failure to comply.
Decommissioning and removal of a Large-Scale Solar Energy System shall consist of:
a. Physical removal of all above ground and below ground equipment, structures and foundations,
including but not limited to all solar arrays, buildings, towers, blades, security barriers, fences, electric
transmission lines and components, roadways and other physical improvements to the site related to the
Large-Scale Solar Energy System;
b. Disposal of all solid and hazardous waste in accordance with local, state and federal waste
disposal regulations,
c. Restoration of the ground surface and soil,
d. Stabilization and revegetation of the site with native seed mixes and/or plant species
(excluding invasive species) to minimize erosion,
e. Upon petition to the Town Board, the Town Board shall permit the system owner and/or
landowner to leave certain underground or above ground improvements in place, provided the owner
can show that such improvements are part of a plan to redevelop the site, are not detrimental to such
redevelopment, and do not adversely affect community character or the environment.
f. An estimate of the anticipated operational life of the system;
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g. Identification of the party responsible for decommissioning;
h. Description of any agreement with the landowner regarding decommissioning;
i. A schedule showing the time frame over which decommissioning will occur and for completion of site
restoration work.
j. A certified and sealed cost estimate prepared by a qualified structural engineer or professional
engineer, who shall be reasonably acceptable to the Town Board, estimating the full cost of
decommissioning and removal of the system, including, but not limited to, the cost of solid waste disposal
and the cost to clean-up any hazardous waste leakage on the property. No scrap value shall be taken
into account for purposes of estimating these decommissioning and removal costs. The Town Board shall
have the sole discretion to require a structural engineer or a professional engineer and regardless of
which type of engineer is chosen, such engineer shall be licensed by the State of New York. The Town
Board shall have the right, in its sole discretion, to have this estimate reviewed by an independent
structural engineer at the system owner's and/or operator's expense;
k. A financial plan to ensure that financial resources will be available to fully decommission the site. “
This Plan provides an overview of activities that will occur during the decommissioning phase of the
Solar Facility, including activities related to the restoration of land, management of materials and waste,
and responsibility of removal.
The Solar Facility is expected to have a useful life of thirty (30) years.
This Plan assumes the Solar Facility will be dismantled, and the Project Site restored to a state similar to its
pre-construction condition, at the thirty (30) year anniversary of the Solar Facility’s commercial operation date
(“Expected Decommissioning Date”). This Plan also covers the case of the abandonment of the Solar Facility,
for any reason, prior to the Expected Decommissioning Date.
Decommissioning of the Solar Facility will include the disconnection of the Solar Facility from the utility
electrical grid and the removal of all Solar Facility components, including:
• Photovoltaic (PV) modules, module racking and supports
• Inverter units, substation, transformers, and other electrical equipment, including wiring cables
• Access roads and perimeter fence
• Inverter pad concrete foundations.
This Plan is based on current best management practices and procedures. This Plan may be subject to
revision based on new standards and emergent best management practices at the time of decommissioning.
Permits will be obtained as required and notification will be given to stakeholders prior to
decommissioning.
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2. The Proponent
The Project Owner will manage and coordinate the decommissioning process. The Project Owner will obtain
all necessary regulatory approvals that may vary depending on the jurisdiction, project capacity, and site
location. The Project Owner will be committed to the safety, health, and welfare of the hosting
community.
The conditions and obligations of this Plan shall be bound upon the Project Owner, it heirs, executors,
administrators, successors or assigns.
Contact information for the proponent is as follows through the permitting process. An agent of
the project company will be identified prior to construction of the Solar Facility:
Company: NY Groton II (South Main Street), LLC
Contact: Bullrock Renewables
Address: 228 Aviation Ave. Suite 200, South Burlington, VT 05403
Telephone: (802) 985-1460
Email: doug@bullrockcorp.com __________________
2.1 Project Information
Address: South Main Street, Groton, NY 13073
Tax ID: 31.-1-12.1
Project Size: One Solar Facility of approximately 4MW AC
Property Owner: John Young, Susan Barnett, Julie Young, and James Young
Site Agreement: Executed Lease Agreement
3. Decommissioning of the Solar Facility
At the time of decommissioning, the installed components will be removed, reused, disposed of, and
recycled, where possible. All removal of equipment will be done in accordance with any applicable laws
and regulations, including without limitation, the local laws of the Town applicable to solar energy
systems, and manufacturer recommendations. All applicable permits will be acquired.
The decommissioning process of the Solar Facility may commence for the following reasons: (a)
Project Owner provides written notice to the Town of its intent to retire or decommission the Project
(“Owner Decommissioning Notice”) for any reason, including the Solar Facility is damaged and will
not be repaired or replaced, (b) the Solar Facility ceases to be operational for more than twelve (12)
consecutive months, or (c) the expiration of the lease agreement with the Property Owner. In event the
Project Owner fails to decommission the Solar Facility within three hundred sixty (360) days after
providing Owner Decommissioning Notice or fails to respond with a reasonable explanation for
cessation of operation of the Project within 60 days of the Town Decommissioning Notice, the Town
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may commence the decommissioning of the Project. The Town shall provide Project Owner sixty (60)
days written notice (“Town Decommissioning Notice”) prior to the commencement of any
decommissioning of the Solar Facility by the Town. For the purposes of this Agreement, “ceases to be
operational” shall mean no generation of electricity, other than due to repairs to the Project or causes
beyond the reasonable control of the Project Owner.
4. Equipment Dismantling and Removal
Generally, decommissioning of a Solar Facility proceeds in the reverse order of the installation.
1. The Solar Facility shall be disconnected from the utility power grid.
2. PV modules shall be disconnected, collected, and disposed at an approved solar module recycler
or reused / resold on the market.
3. All aboveground and underground electrical interconnection and distribution cables shall be
removed and disposed off-site at an approved facility.
4. Galvanized steel PV module support and racking system support posts shall be removed and
disposed off-site at an approved facility.
5. Electrical and electronic devices, including transformers and inverters shall be removed and disposed
off-site by at approved facility.
6. Concrete foundations shall be removed and disposed off-site at an approved facility.
7. Fencing shall be removed and will be disposed off-site by at approved facility.
4.1 Environmental Effects
Decommissioning activities, particularly the removal of project components, could result in
environmental effects similar to those of the construction phase. For example, there is the potential for
disturbance (erosion/sedimentation) to adjacent watercourses or significant natural features. Mitigation
measures similar to those employed during the construction phase of the Solar Facility will be
implemented. These will remain in place until the site is stabilized to mitigate erosion and silt/sediment
runoff and any impacts on the significant natural features or water bodies, if any, located adjacent to the
Project Site.
Road traffic will temporarily increase due to the movement of decommissioning crews and equipment.
There may be an increase in particulate matter (dust) in adjacent areas during the decommissioning
phase. Decommissioning activities may lead to temporary elevated noise levels from machinery and an
increase in trips to the Project Site. Work will be undertaken during daylight hours and conform to any
applicable restrictions.
4.2 Site Restoration
All project components (see Appendix 1) will be removed. If the operation of the generation facility is
permanently discontinued, remove all above ground structures (including panels, racking, signage,
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equipment pad, security fencing) and underground utilities if less than 48- inches deep. All concrete
piers, footers, or other supports must be removed to a minimum depth of 48-inches below the soil surface.
The following requirements apply to electric conductors located at the respective range of depth below
the surface:
• 48-inches plus: All underground electric conduits and direct buried conductors may be abandoned in
place. Applicable conduit risers must be removed, and abandoned conduit must be sealed or capped to
avoid a potential to direct subsurface drainage onto neighboring land uses.
• Less than 48-inches: All underground direct buried electric conductors and conductors in conduit and
associated conduit with less than 48-inches of cover must be removed, by means of causing the least
amount of disturbance as possible. Access roads in agricultural areas must be removed, unless otherwise
specified by the landowner.
Access roads in agricultural areas must be removed, unless otherwise specified by the landowner. If
access is to be removed, topsoil will have to be returned from recorded project excess native topsoil
disposal areas, if present, or imported topsoil free of invasive species that is consistent with the quality
of topsoil on the affected site. Restore all areas intended for agricultural production, according to
recommendations by the current landowner or leasing agricultural producer, and as required by any
applicable permit, the Soil and Water Conservation District, and NYSDAM.
Monitoring and restoration requirements in accordance to the prior sections of these guidelines, will be
required for the decommissioning restoration. NYSDAM requires notice before the Project Company
undertakes decommissioning.
Trees planted per the screening plan on the project site must be removed from the site, unless otherwise
specified by the landowner. If trees are to be removed, topsoil will have to be returned from recorded
project excess native topsoil disposal areas, if present, or imported topsoil free of invasive species that
is consistent with the quality of topsoil on the affected site. Restore all areas intended for agricultural
production, as required by any applicable permit, the Soil and Water Conservation District, and
NYSDAM.
4.3 Managing Materials and Waste
During the decommissioning phase a variety of excess materials and wastes (see listed in Appendix 1) will
be generated. Most of the materials used in a Solar Facility are reusable or recyclable and some
equipment may have manufacturer take-back and recycling requirements. Any remaining materials will be
removed and disposed of off-site at an approved facility. The Project Owner will establish policies and
procedures to maximize recycling and reuse and will work with manufacturers, local subcontractors, and
waste firms to segregate material to be disposed of, recycled, or reused.
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The Project Owner will be responsible for the logistics of collecting and disposing or recycling the PV
modules. Currently, some manufacturers and new companies are looking for ways to recycle and/or reuse
solar modules when they have reached the end of their lifespan. Due to a recent increase in the use of
solar energy technology, a large number of panels from a variety of projects will be nearing the end of
their lifespan in 25-30 years. It is anticipated there will be more recycling options available for solar
modules at that time. The Project Owner will dispose of the solar modules using best management
practices at the time of decommissioning.
4.4 Decommissioning During Construction or Abandonment Before Maturity
In case of abandonment of the Solar Facility during construction or prior to the Expected
Decommissioning Date, the same decommissioning procedures as for decommissioning after ceasing
operation will be undertaken and the same decommissioning and restoration program will be honored.
The Solar Facility will be dismantled, materials removed and disposed, the soil that was removed will
be graded and the site restored to a state similar to its preconstruction condition.
4.5 Decommissioning Notification
Decommissioning activities may require the notification of stakeholders given the nature of the works at
the Project Site. The local municipality will be notified prior to commencement of any decommissioning
activities. Prior to decommissioning, Project Owner will update their list of stakeholders and notify
appropriate municipalities of decommissioning activities. Federal, county, and local authorities will be
notified as needed to discuss the potential approvals required to engage in decommissioning activities.
4.6 Approvals
Well-planned and well-managed renewable energy facilities are not expected to pose environmental risks
at the time of decommissioning. Decommissioning of the Solar Facility will follow standards of the day.
Project Owner will ensure that any required permits are obtained prior to decommissioning.
This Decommissioning Plan may be updated as necessary in the future to ensure that changes in technology
and site restoration methods are taken into consideration.
5. Cost of Decommissioning and Responsibility of Removal
The current estimated costs indicated on Appendix 2 are the costs, that the contractor anticipates to install
and commission the Solar Facility. During the Special Permit review process, the Project Owner will
revise the estimated costs to the extent any site plan changes are made.
While the salvage value of valuable recyclable materials (aluminum, steel, copper, etc.) is not factored
into the decommissioning costs, the salvage value of such materials (determined on market rates at the
time of salvage) is expected to be an amount that could substantially cover the estimated
decommissioning cost.
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APPENDIX I
Management of Excess Materials and Waste
Material / Waste Means of Managing Excess Materials and Waste
PV Modules
If there is no possibility for reuse, the panels will either be returned to the
manufacturer for appropriate disposal or will be transported to a recycling facility
where the glass, metal and semiconductor materials will be separated and recycled.
Metal array mounting racks
and steel supports
These materials will be disposed off-site at an approved facility.
Transformers and substation
components
The small amount of oil from the transformers will be removed on-site to reduce the
potential for spills and will be transported to an approved facility for disposal. The
substation transformer and step-up transformers in the inverter units will be
transported off-site to be sent back to the manufacturer, recycled, reused, or safely
disposed off-site in accordance with current standards and best practices.
Inverters, fans, fixtures
The metal components of the inverters, fans and fixtures will be disposed of or
recycled, where possible. Remaining components will be disposed of in accordance
with the standards of the day.
Gravel (or other granular)
It is possible that the municipality may accept uncontaminated material without
processing for use on local roads, however, for the purpose of this report it is
assumed that the material will be removed from the project location by truck to a
location where the materials can be processed for salvage. It is not expected that any
such material will be contaminated.
Geotextile fabric
It is assumed that during excavation of the components, a large portion of the
geotextile will be “picked up” and sorted at the reprocessing site. Geotextile fabric
that is remaining or large pieces that can be readily removed from the excavated
aggregate will be disposed of off-site at an approved disposal facility.
Concrete
inverter/transformer
Foundations
Concrete foundations will be broken down and transported by a certified and
licensed contractor to a recycling or approved disposal facility.
Cables and wiring
The electrical line that connects the utility electrical grid to the point of common
coupling will be disconnected and disposed of at an approved facility. Support poles,
if made of untreated wood, will be chipped for reuse. Associated electronic
equipment (isolation switches, fuses, metering) will be transported off-site to be sent
back to the manufacturer, recycled, reused, or safely disposed off-site in accordance
with current standards and best practices.
Fencing Fencing will be removed and recycled at a metal recycling facility.
Debris Any remaining debris on the site will be separated into recyclables/residual wastes
and will be transported from the site and managed as appropriate.
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APPENDIX 2
Estimated Decommissioning Costs (1)
(1) Does NOT include salvage value.
(2) Estimated Decommissioning Costs must be reopened for Town Board approval on every fifth (5th) year anniversary after
project operation date.
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APPENDIX 3
Decommissioning Bond Sample
ANNUAL PERFORMANCE BOND
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS, That we [Project Owner] as Principal and [Bond Provider] as Bond
Surety, authorized to do business in the State of New York , as Surety, are held and firmly bound unto the Town of [
] as Obligee, in the maximum penal sum of $[ ], lawful money of the United States of America, for which payment
well and truly to be made we bind ourselves heirs, executors and assigns, jointly and severally.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in
accordance with the terms and conditions of the Decommissioning Plan dated as of [INSERT DATE] between Town
of [ ] and [Project Owner], in regards to the photovoltaic (PV) solar facility at [Solar Facility address], located at
SBL [ ]in the Town of [ ] with a capacity of approximately [ ] MWac as described in the Decommissioning Plan
dated [ ], detailing the decommissioning bond amount to be renewed at the end of each anniversary year of operation
(hereinafter referred to as the “Contract”), said Contract is hereby referred to and made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the above-named Principal, its successors and
assigns, shall well and truly perform its obligations as set forth in the above-mentioned Contract, then this Bond shall
be void; otherwise to remain in full force and effect pursuant to its terms. The Bond is subject to the following express
conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of [ ]
to [ ]. The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods
from the expiry date hereof. However, neither: (a) the Surety’s decision not to issue a continuation certificate, nor (b)
the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its
right to not renew shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending [ ]. Regardless of the number of years this Bond is in force,
or the number of continuation certificates issued, this Bond shall have the final and definite expiration date of [ ],
unless earlier non-renewed.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety
on the instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the
liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount
set forth above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the
Surety at [Bond Surety Co Contact Email] and a copy of said notice shall be made in writing to the Surety at the address
specified below.
[Bond Surety Co.]
Address
Attn: Surety Claim
6. If any conflict or inconsistency exists between the Surety’s obligations or undertakings as described in this Bond
and as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this [ ] day of [ ], 20[ ].
Note: Subject to change based on selected surety.