Young's Sales & Service v. Underground Storage Tank Indemnification Board

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice TODD.

Following the release of regulated substances from four underground storage tanks located on its property, Appellee Young’s Sales and Service submitted a claim with Appellant Underground Storage Indemnification Fund (the “Fund”) seeking reimbursement of the remediation costs it incurred. We granted review to consider whether the Commonwealth Court correctly held that Section 706(2) of the Storage Tank Spill Prevention Act (“Spill Act” or the “Act”),1 which conditions eligibility for reimbursement on tank fees having been paid, applies…