312 IAC 25-1-69 "Imminent danger to the health and safety of the public" defined

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.