13-28-4-10. Effect on Other Privileges
Sec. 10. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the following: (1) The work product doctrine. (2) The attorney client privilege. [Pre-1996 Recodification Citation: 13-10-3-12.] As added by P.L.1-1996, SEC.18.
13-28-4-11. Statistics on Use of Reports; Enforcement Policy
Sec. 11. (a) The department shall maintain statistics on the use of environmental audit reports in department compliance and enforcement activities, including statistics on: (1) the number of times the reports are disclosed to the department; (2) the number and types of violations disclosed to the department through the reports; (3) the civil penalties collected […]
13-28-5-1. Establishment
Sec. 1. The department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f). [Pre-1996 Recodification Citation: 13-10-4-3(a).] As added by P.L.1-1996, SEC.18.
13-28-5-2. Required Provisions of Program
Sec. 2. The program must provide the following: (1) Education, training, and information on permit and compliance requirements of the federal Clean Air Act (42 U.S.C. 7401 et seq.). (2) Standardized forms and procedures for completing permit applications. (3) An ombudsman for small businesses. [Pre-1996 Recodification Citation: 13-10-4-3(b).] As added by P.L.1-1996, SEC.18.
13-28-5-3. Assistance by Ombudsman
Sec. 3. The ombudsman described in section 2 of this chapter shall assist as necessary each small business that applies for assistance with the following: (1) Specific regulatory matters pending before the department. (2) Permit applications. [Pre-1996 Recodification Citation: 13-10-4-3(c).] As added by P.L.1-1996, SEC.18.
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 […]