312 Ind. Admin. Code 25-1-69

Current through October 16, 2024
Section 312 IAC 25-1-69 - "Imminent danger to the health and safety of the public" defined

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 69.

"Imminent danger to the health and safety of the public" means the existence of a condition or practice, or a violation of a permit or another requirement of IC 14-34 in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.

312 IAC 25-1-69

Natural Resources Commission; 312 IAC 25-1-69; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3412, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA
Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA