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

I agree that the Underground Storage Tank Indemnification Board’s adjudication should be reinstated. However, I reach this conclusion based on the nature of the claim that was submitted to the Fund, and not on the premise that Section 706 implicitly incorporates the statute’s definition of “underground storage tank” into its substantive provisions. Therefore, I cannot join the reasoning of the Opinion Announcing the Judgment of the Court (“OAJC”).

As the Commonwealth Court correctly observed, Section 706 of the Storage Tank and Spill Prevention Act speaks in terms of individual tanks. See…