(1) An owner is responsible for decommissioning its facility and for all costs associated with decommissioning. Decommissioning must be completed within 24 months of abandonment, or according to a reasonable alternative schedule proposed by the owner and approved by the department upon a showing of good cause for the extension.

(2) The owner of a facility must notify the department in writing within 30 days of abandonment.

(3) An owner shall notify the department in writing within 30 days after beginning onsite decommissioning activities.

(4) The owner of a wind generation facility that commenced commercial operation on or before July 1, 2018, shall submit in writing the following to the department on or before July 1, 2018. The department may, but is not required to, review these initial decommissioning plans and information for completeness:

(a) the date that the facility commenced commercial operation;

(b) a decommissioning plan in accordance with the requirements of ARM 17.86.105;

(c) identification of the landowner on which the wind generation facility is located; and

(d) if the landowner or landowners identified pursuant to (4)(c) are not governmental entities whether the landowner or landowners have an ownership interest in the wind generation facility and, if so, a detailed description of the interests.

(5) The owner of a facility that commences commercial operation after July 1, 2018, shall submit to the department the information required in (4) within six months of commencing commercial operation. The department may, but is not required to, review these initial submissions for completeness.

(6) The owner of a facility shall submit an updated decommissioning plan 12 months before a bond is required by ARM 17.86.107(2) or (3), and 12 months before a bond is reviewed by the department in ARM 17.86.112(2). Updated plans must include an updated cost estimate and address expansions and modification, if any. Within 90 days of receipt, the department shall notify the owner of any deficiencies in the decommissioning plan. Within 90 days of receiving the deficiency notice, the owner shall address all deficiencies and resubmit the decommissioning plan.

(7) The owner shall allow access in a timely manner and accompany the department for an inspection of the facility to verify the adequacy of a new or updated decommissioning plan for purposes of determining the bond amount. The department shall propose in writing, the scope and schedule of any such inspection at least two weeks in advance of the inspection. Department representatives shall comply with site safety and general access restrictions while at the facility.