Pennsylvania Statutes Title 35 P.S. Health and Safety § 6021.702. Storage Tank Fund

(a) Establishment of fund.--There is hereby created a special nonlapsing fund in the State Treasury to be known as the Storage Tank Fund.  All fees, fines, judgments, bond forfeitures, interest and recovered costs collected by the department under this act shall be paid into the Storage Tank Fund.  All moneys placed in the Storage Tank Fund and the interest it accrues are hereby appropriated, upon authorization by the Governor, to the department for the costs of operating the aboveground and underground storage tank programs, including activities necessary for the elimination of releases from storage tanks and any other activities necessary to meet the requirements of this act.

(b) Supplements to fund.--The Storage Tank Fund may be supplemented by appropriations from the General Assembly, the Federal, State or local government or from any private source.

(c) Liability for costs.--Whenever costs have been incurred by the Commonwealth for taking corrective action in response to a release from a storage tank regulated by this act, the owner or operator, as may be appropriate, of such tank shall be liable to the Commonwealth for such costs.

(d) Effect of liability on property.--Any costs incurred by the Commonwealth for taking corrective action in response to a release from a storage tank under this act shall constitute in each instance a debt of the owner or operator, as may be appropriate, to the Storage Tank Fund.  The debt shall constitute a lien on all property owned by said owner or operator when a notice of lien incorporating a description of the property of the owner or operator subject to the action and an identification of the amount of expenditure from the fund is duly filed with the prothonotary of the court of common pleas where the property is located.  The prothonotary shall promptly enter upon the civil judgment or order docket the name and address of the owner or operator, as may be appropriate, and the amount of the lien as set forth in the notice of lien.  Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the owner or operator, whether or not the owner or operator is solvent.  The notice of lien, filed pursuant to this subsection, which affects the property of the owner or operator shall create a lien with priority over all subsequent claims or liens which are filed against the owner or operator.

(e) Status of fund.--The Storage Tank Fund shall not be subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system). 1