Paul J. Bruder

It’s that time of year again. As the weather turns colder and air conditioners give way to furnaces, homeowners call their heating oil providers and say “fill’er up.” Well over 100,000 homeowners in Pennsylvania, approximately 15,000-17,000 in Dauphin County alone, heat their homes with oil, meaning that their basements are home to large (usually 150 gallons or more) heating oil tanks.

“Man proposes, God disposes.” This catchy saying references the often strange ways that man’s best laid plans can be changed by the whim of a Higher Power. In the realm of land development in the state of New Jersey, a new phrase was coined by a New Jersey appellate court: “God creates, man regulates”.

The potential for stormwater utility fees, or the creation of stormwater authorities in Pennsylvania, is real, and some municipalities have already put these measures in place. With increased federal and state concern over the health of the Chesapeake Bay and other impaired waters, and rising concerns over flooding, managing stormwater is becoming more complicated and expensive than ever.

The Underground Storage Tank Indemnification Fund (“USTIF” or the “Fund”) was established within the Storage Tank and Spill Prevention Act (the “Tank Act”). The USTIF is a special fund in the state treasury which consists of fees assessed by the Underground Storage Tank Indemnification Board to owners and operators of underground storage tanks.