Department of Environmental Resources v. Leon E. Kocher Coal Co.

Opinion by

Judge Mencer,

The Leon E. Kocher Ooal Company (Kocher), in connection with its mining operations, has utilized two silt ponds or basins since 1953. These ponds are filled, emptied and refilled in cycles of approximately one year.

On May 17, 1972, the Department of Environmental Resources (Department) conducted a visual inspection of the silt pond designated and known as No. 2. On June 9, 1972, the Department issued an order requiring the reduction of the water level in Silt Pond No. 2 and the cessation of the use of the impoundment. Kocher complied with this order but also filed an…