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 […]
13-29-1-3. The Commission
Sec. 3. ARTICLE III. THE COMMISSION a. There is created the Midwest Interstate Low-Level Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party state shall notify the Commission in writing of its member and any alternates. An alternate may act on behalf of the member […]
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 Repealed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 Repealed by P.L.224-1999, SEC.17.
13-29-1-4. Regional Management Plan
Sec. 4. ARTICLE IV. REGIONAL DISPOSAL PLAN The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all of the following: a. Adopt procedures for determining, consistent with considerations […]
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 […]
13-29-1-5. Rights and Obligations of Party States
Sec. 5. ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES a. Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact. b. Except for waste attributable to […]
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 Repealed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 Repealed by P.L.224-1999, SEC.17.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.