Oldham County introduces decommissioning plan for data centers and abandoned properties

The Oldham County Study Review Committee convened on June 24, 2025, to discuss critical issues surrounding the decommissioning and reclamation of buildings and land. The meeting focused on a proposed framework aimed at ensuring the responsible removal of equipment, infrastructure, and hazardous materials to prevent environmental degradation and promote site restoration.

The discussion began with a proposal to include a decommissioning plan in the county's regulations. This plan would require submission to the Oldham County Planning and Development Services within 90 days of any permanent facility closure or within 30 days of a notice of abandonment. The committee emphasized the importance of starting with a comprehensive approach, acknowledging that the proposal may be refined as it progresses through legislative review.

Key components of the decommissioning plan include:

1. **Financial Assurance**: Data centers larger than 20,000 square feet must secure financial assurance through a bond, letter of credit, cash, or escrow. This assurance should cover the estimated costs of decommissioning, including equipment removal and environmental remediation. The county engineer, Jim Silliman, confirmed his office's readiness to oversee this process.

2. **Regular Review**: The financial assurance will be reviewed and updated every five years or following significant facility expansions to ensure it remains adequate.

3. **Compliance Requirements**: All decommissioning activities must adhere to Kentucky Department of Environmental Protection Agency regulations, federal and state hazardous waste laws, and the Clean Water Act. This includes proper disposal of generators, backup batteries, and cooling systems.

4. **Abandonment Definition**: A data center will be deemed abandoned if it remains non-operational for 365 consecutive days without an approved decommissioning plan.

5. **County Actions on Abandonment**: In cases of abandonment, the county may notify the property owner, utilize the financial assurance to initiate decommissioning, or place a lien on the property for unreimbursed costs.

The committee's discussions highlighted the need for a structured approach to managing decommissioning processes, ensuring environmental protection, and facilitating site reuse. The proposed measures aim to safeguard the community and promote responsible development practices moving forward. The committee will continue to refine these proposals as they seek input from stakeholders and the public.