§ 49-1404 – Exception; waiver; violation; classification
49-1404. Exception; waiver; violation; classification A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by an environmental audit does […]
§ 49-1405 – Exception; disclosure required by court or administrative hearing official
49-1405. Exception; disclosure required by court or administrative hearing official A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the appropriate rules of […]
§ 49-1406 – Nonprivileged materials
49-1406. Nonprivileged materials A. The privilege described in this chapter does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under an environmental law. 2. Information obtained by observation, sampling or monitoring by a regulatory agency. 3. Information obtained […]
§ 49-1407 – Review of privileged document by governmental authority
49-1407. Review of privileged document by governmental authority A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by this chapter is not waived or eliminated for any other purpose. B. Notwithstanding the privilege established by this chapter, a regulatory agency may review information […]
§ 49-1408 – Construction; no immunity
49-1408. Construction; no immunity Nothing in this article shall be construed to provide civil or criminal immunity to a person or organization.
§ 49-1501 – Definition of natural gas storage facility
49-1501. Definition of natural gas storage facility In this chapter, unless the context otherwise requires, " natural gas storage facility" means a facility that is either underground or above ground with a capacity of at least five hundred thousand cubic feet and that is used primarily for the storage of natural gas, excluding liquefied natural […]
§ 49-1502 – Natural gas storage facilities; limitation
49-1502. Natural gas storage facilities; limitation A natural gas storage facility shall not be located within a county with a population of more than one million five hundred thousand persons, if the facility is located within nine miles of an active duty military air force base that has pilot training as its primary mission.
§ 49-1503 – Exemption of political subdivisions
49-1503. Exemption of political subdivisions The provisions of this chapter are cumulative and supplemental and do not apply to a political subdivision that by ordinance or resolution has adopted provisions restricting natural gas storage facilities that are at least as stringent as the restrictions in this chapter.
§ 49-1403 – Privilege
49-1403. Privilege A. Except as provided in sections 49-1404, 49-1405 and 49-1406, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A civil action, whether legal or equitable. 2. An administrative proceeding. B. When called or subpoenaed as a witness, […]
§ 49-1306 – Taxation exemption
49-1306. Taxation exemption A. The authority is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed for these purposes or on the agreements of the authority pertaining to maintaining and operating water-related facilities […]