1. (a) As used in this section, "imminent danger to the health or safety of the public" means the existence of:

   1. (1) a condition;
   2. (2) a practice; or

   3. (3) a violation of a permit or other requirement of this article;

      in a surface coal mining and reclamation operation that could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation is abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person to the danger during the time necessary for abatement.

2. (b) If the director or inspector determines that:

   1. (1) a condition or practice exists or a violation of this article or the commission's rules has occurred that:

      1. (A) creates an imminent danger to the health or safety of the public; or
      2. (B) is reasonably expected to cause significant, imminent environmental harm to land, air, or water resources; or

   2. (2) the permittee has not abated the violation within the time set under section 5 of this chapter;

      the director shall order the cessation of surface coal mining and reclamation operations or the part relevant to the condition, practice, or violation. In the cessation order, the director shall determine the steps necessary to abate the violation in the most expeditious manner.

3. (c) If the director or inspector finds that the ordered cessation of surface coal mining and reclamation operations, or any part, will not completely abate:

   1. (1) the imminent danger to health or safety of the public; or

   2. (2) the significant imminent environmental harm to land, air, or water resources;

      the director shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the director considers necessary to abate the imminent danger or the significant environmental harm.

4. (d) The cessation order is effective for thirty (30) days after actual notice of the order is sent to the permittee unless:

   1. (1) the director determines the violation is abated;
   2. (2) the order is modified, vacated, or terminated under section 8 of this chapter; or
   3. (3) an informal public hearing is held in the county in which the surface coal mining and reclamation operation is located, in which case the effectiveness of the order may be more or less than thirty (30) days.

5. (e) A cessation order issued under subsection (b) is effective when served upon the permittee.

   [Pre-1995 Recodification Citations: 13-4.1-1-3(4); 13-4.1-11-5.]

As added by P.L.1-1995, SEC.27.