(1) the person acts with a conscious and voluntary disregard for a standard of care that a reasonable person would exercise in the same circumstance;

(2) the consequence of the person’s action is likely to cause foreseeable injury to human health or the environment; and

(3) the risk of the person’s action causing foreseeable injury to human health or the environment is of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in a similar circumstance.

As added by P.L.181-2018, SEC.1.