In this interlocutory appeal from an order of the Court of Common Pleas of Chester County, the Commonwealth Court was asked to interpret the Storm Water Management Act (the “Act”).  Precisely, the court was asked to determine whether a county watershed storm water plan must be in place for a defendant to be liable for violations of Sections 13 and 15 of the Act. In finding that such a plan was a prerequisite to liability, the court affirmed the trial court’s determination and limited liability to flooding instances after such a plan was in place.

Continue reading