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DEPT. OF ENV. RES. v. L.E. KOCHER COAL CO.

Appeal, No. 1278 C.D. 1972.

9 Pa.Commw. 110 (1973)

Department of Environmental Resources v. Leon E. Kocher Coal Company, et al.

Commonwealth Court of Pennsylvania.

June 8, 1973.

Attorney(s) appearing for the Case

Eugene E. Dice, Assistant Attorney General, for appellant.

David F. DeWees, with him Allen Shaffer and Shaffer, Kleiman & DeWees, for appellee.

Argued May 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, June 8, 1973:

The Leon E. Kocher Coal 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...

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