King Coal Co. v. Commonwealth

Opinion by

Judge Rogers,

The King Coal Company, a partnership, and Robert Woods, its managing partner, have appealed from judgments of sentence following a jury verdict finding each guilty of operating a surface mine without a drainage permit, violations of Section 602(b) of the Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §691.602(b).1

On September 16, 1980 a surface mine inspector of the Commonwealth’s Department of Environmental Resources (DER) determined that the King Coal Company was mining coal in an area not covered by its surface mining permit and reclamation…