Ryan Appeal

Opinion by

Judge Mencer,

The sole issue in this case is whether the Pennsylvania Department of Environmental Resources (DER) has the power to order John T. Ryan to enter land he previously leased, in order to correct conditions he created during the lease. We hold that DER is so empowered.

The facts in this case are not in dispute. From 1964 until January 1975, Ryan leased property in South Union Township, Westmoreland County. The purpose of the lease was to allow Ryan to operate a sanitary landfill on the site. Unfortunately,, the best that can be said about this operation is that it was less…