In any case where a strip mining excavation, after the same is abandoned, is likely to result in an accumulation of water which in the opinion of the department may constitute a hazard to present or future deep mining, or is likely to break out of the excavation and cause a flood, the Department shall order the operator, before abandoning the operation, to provide proper drainage for the excavation, if the excavation can be drained reasonably by gravity flow.
Nothing contained in this section shall be construed to require the draining of a strip mining excavation where the accumulation of water therein will not in the opinion of the department constitute a hazard, or where such water may furnish means of recreation or a supply of water for domestic or industrial uses.
52 P.S. § 681.13