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decisions" where hazardous or toxic substances threatened to contaminate surrounding <br />properties and water supplies, any potentially hazardous conditions at the Quarry are <br />contained within the site. In subsequent decisions examining Midlantic, courts focused <br />primarily on whether there was a serious health risk from the presence of toxic and <br />hazardous substances that presented an inevitable and imminent harm to the public. In this <br />case, Colorado failed to provide credible evidence that similar risks exist at the Quarry. <br />Colorado's remaining concern is the possibility that trespassers maybe harmed <br />by entering the Quarry site. Where the hazards were merely speculative or indeterminate, <br />prior courts did not find that the hazards or dangers were so imminent as to preclude <br />abandonment under Midlantic. See Smith-Douglass, 856 F.2d. at 12; Anthony Ferrante 6c <br />Sons, 119 B.R. at 49. The conditions at the Quarry do not present a risk or threat of <br />inevitable harm or unavoidable danger to the public. The Quarry only presents a danger <br />to someone who unlawfully trespasses onto the site and fails to take adequate notice of an <br />obvious and potentially dangerous condition. The Quarry site is conspicuous and entirely <br />avoidable. The chance that someone might be injured at the site in the foreseeable future <br />is merely conjecture. <br />See, In Re Smith•Douglars, 856 F.2d. 12 (4th Cv. 1988)(coutt approves abandonment o[ <br />fenilizer plant that had released hazardous contaminants into surrounding water supply where there was no <br />threat of immediate harm); /n Re Anrhorry Ferrante & Sons, Inc, 119 B.R, 45 (D.NJ. 1990)(court approves <br />abandonment of~ntaminated publicwatersupplysystem absent showing of immediateaad identifiable harm); <br />In Re Oklahoma Refining Co., 63 B.R. 562 (Bankr. W.D. Okla. 1986)(eourt approval abandonment of oil <br />refinery that had dumped hazardous oil byproducu into open pits that were leaching into the surrounding <br />underground water supply but the site did not present immediate and menacing harm); In Re Doyle Camber, <br />Inc., 137 B.R 197 (Bankr. W.D. Va. 1992)(court approved abandottment of sawmill and wood vestment <br />facility site containing hazardous wastes [hat did not present immediate thtcat to public health and safety). <br /> <br />