13-28-5-4. Technical and Environmental Compliance Assistance Program as Part of Technical and Compliance Assistance Program
Sec. 4. The department may establish the technical and environmental compliance assistance program required by this chapter as part of the technical and compliance assistance program established under IC 13-28-3. [Pre-1996 Recodification Citation: 13-10-4-3(d).] As added by P.L.1-1996, SEC.18.
13-28-4-1. Reports Privileged
Sec. 1. (a) The privilege created by this section does not apply to criminal investigations or proceedings. Environmental audit reports are admissible in criminal investigations or proceedings. (b) Except as provided in section 2 of this chapter, an environmental audit report: (1) is privileged; and (2) is not admissible as evidence in a civil or […]
13-28-4-2. Reports Not Privileged; Civil or Administrative Actions
Sec. 2. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply: (1) The environmental audit report was first […]
13-28-4-3. Repealed
[Pre-1996 Recodification Citation: 13-10-3-5.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
13-28-4-4. Burden of Proof Regarding Privilege
Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege. (b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the person made appropriate efforts to achieve compliance […]
13-28-4-5. Repealed
[Pre-1996 Recodification Citation: 13-10-3-7.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
13-28-4-6. Disclosure Limited to Relevant Portions of Reports
Sec. 6. Upon making a determination under section 2 of this chapter, the court may compel the disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding. [Pre-1996 Recodification Citation: 13-10-3-8.] As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.14.
13-28-4-7. Waiver of Privilege
Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived: (1) expressly; or (2) by implication; by the owner or operator who prepared the environmental report or caused the report to be prepared. (b) A party […]
13-28-4-8. Stipulations Regarding Privilege
Sec. 8. The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under section 1 of this chapter. [Pre-1996 Recodification Citation: 13-10-3-10.] As added by P.L.1-1996, SEC.18.
13-28-4-9. Applicability of Privilege
Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under: (A) this title; (B) a rule or standard adopted under this title; (C) […]