Section 271.314. Duration of liability

(a) The liability under a bond filed with the Department under this subchapter shall continue for the period of operations of the facility, and for 10 years after final closure certification of the facility under § 271.342 (relating to final closure certification), unless released in whole or in part by the Department, in writing, prior thereto as provided by § 271.341 (relating to release of bonds).

(b) The liability under a trust fund under this subchapter shall continue for the period of operations of the facility, until final closure certification under § 271.342, unless released in whole or in part by the Department, in writing, prior thereto as provided by § 271.341.

The provisions of this § 271.314 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended September 13, 1991, effective September 14, 1991, 21 Pa.B. 4179. Immediately preceding text appears at serial page (151736).

Notation

Notes of Decisions

Ten-year duration of liability runs from final closure. Commonwealth v. Mayer, 569 A.2d 415 (Pa. Cmwlth. 1990).