US Lawyer Database

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) […]

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 […]

13-28-3-2. Purposes of Program

Sec. 2. (a) The assistance program established under this chapter shall do the following: (1) Designate an individual to serve as a liaison and ombudsman to the regulated community to assist the regulated community with specific regulatory or permit matters pending with the department. (2) Provide assistance to new and existing businesses and small municipalities […]

13-28-3-3. Repealed

[Pre-1996 Recodification Citation: 13-10-2-3.] As added by P.L.1-1996, SEC.18. Amended by P.L.53-2014, SEC.129. Repealed by P.L.130-2018, SEC.73.

13-28-3-4. Confidential Information

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, activities, and documents of the program that identify or describe an individual facility or […]

13-28-3-5. Contracts to Provide Services

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter. [Pre-1996 Recodification Citation: 13-10-2-5.] As added by P.L.1-1996, SEC.18.

13-28-3-6. Repealed

[Pre-1996 Recodification Citation: 13-10-2-6.] As added by P.L.1-1996, SEC.18. Repealed by P.L.12-2005, SEC.6.