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Falmouth Wind Turbine Abandonment / Decommissioning Regulations $$,$$$,$$$.$$
Falmouth v. Falmouth ZBA case 1472CV00003. Falmouth Turbines Ruled A Nuisance - Judgment on June 21, 2017- No Appeal Filed After 60 Days

Falmouth Massachusetts
Article XXXIV:
Wind Energy Systems
[Added ATM 4-8-2013, Art. 7, approved 7-9-2013[1]]
[1]
Editor's Note: This article also repealed former Art. XXXIV, Windmills, added STM 9-10-1981, Art. 50.
Abandonment or decommissioning.
(a)
Removal requirements: Any WES which has reached the end of its useful life or has been abandoned shall be removed. For a scheduled decommissioning, the owner shall notify the SPGA by certified mail of the proposed date of discontinued operations and plans for removal. The owner shall physically remove the WES no more than 150 days after the date of discontinued operations. Decommissioning shall consist of:
[1]
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with local and state regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave below-grade foundations in place in order to minimize disruption.
[4]
Abandonment: Absent notice of a proposed date of decommissioning, the WES shall be considered abandoned when the facility fails to operate for more than 12 consecutive months.
[5]
Prior to declaring the WES to be abandoned, the SPGA shall notify the owner by certified mail that corrective action must be taken. The owner shall have 30 days to respond and provide a schedule for corrective action.