Section 312IAC25-1-131. "Significant, imminent environmental harm to land, air, or water resources" construed  


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  •    "Significant, imminent environmental harm to land, air, or water resources" is construed as follows:

    (1) "Environmental harm" means an adverse impact on land, air, or water resources (including plant and animal life) that is not contemplated by the permit.

    (2) "Imminent" means a condition, practice, or violation that is causing or may reasonably be expected to cause an environmental harm before the condition or practice can be abated.

    (3) "Significant" means the environmental harm:

    (A) is more than local in scope;

    (B) when continued, poses a serious environmental hazard to existing land, air, or water resources; and

    (C) will have a long-lasting, detrimental effect before the end of a reasonable abatement time.

    (Natural Resources Commission; 312 IAC 25-1-131; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3422, 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)