Section 455K.1 – Title.

455K.1 Title. This chapter shall be known and cited as the “Environmental Audit Privilege and Immunity Act”. 98 Acts, ch 1109, §1

Section 455K.10 – Environmental auditor training program.

455K.10 Environmental auditor training program. A training program for and standards for certification of environmental auditors shall be developed jointly by the Iowa waste reduction center and the department. The training program shall be administered by the Iowa waste reduction center. The program shall provide training on the proper conduct of an environmental audit; local, […]

Section 455K.11 – Summary.

455K.11 Summary. On or before December 1 of each year, the department shall make available a summary of the number of environmental audit notices received, the violations, and the remediation status of the violations reported pursuant to this chapter during the preceding fiscal year. 98 Acts, ch 1109, §11

Section 455K.12 – Rulemaking.

455K.12 Rulemaking. The department shall adopt rules pursuant to chapter 17A necessary to administer this chapter. 98 Acts, ch 1109, §12

Section 455K.13 – Costs.

455K.13 Costs. The necessary costs incurred by the department under this chapter shall be funded from appropriations made to the department from the general fund of the state. 98 Acts, ch 1109, §13

Section 455K.2 – Definitions.

455K.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Department” means the department of natural resources created under section 455A.2 or its delegated authority. 2. “Environmental audit” means a voluntary evaluation of a facility or operation, of an activity at a facility or operation, or of an environmental management system at […]

Section 455K.3 – Privilege.

455K.3 Privilege. 1. Material included in an environmental audit report generated during an environmental audit conducted after July 1, 1998, is privileged and confidential and is not discoverable or admissible as evidence in any civil or administrative proceeding, except as otherwise provided in this chapter. The environmental audit report shall be labeled “ENVIRONMENTAL AUDIT REPORT: […]

Section 455K.4 – Waiver of privilege — disclosure.

455K.4 Waiver of privilege — disclosure. 1. The privilege described in section 455K.3 shall not apply to the extent that the privilege is expressly waived in writing by the owner or operator who prepared the environmental audit report or caused the report to be prepared. 2. Disclosure of an environmental audit report or any other […]

Section 455K.5 – Required disclosure.

455K.5 Required disclosure. 1. A court or a presiding officer in an administrative hearing may require disclosure of a portion of an environmental audit report in a civil or administrative proceeding if the court or presiding officer affirmatively determines, after an in camera review, that any of the following exists: a. The privilege is asserted […]

Section 455K.6 – Materials not privileged.

455K.6 Materials not privileged. 1. The privilege described in this chapter does not apply to any of the following: a. A document, communication, datum, report, or other information required by a regulatory agency to be collected, developed, retained, or reported under a state or federal environmental law, rule, or permit condition. b. Information obtained by […]

Section 455K.7 – Review of privileged documents.

455K.7 Review of privileged documents. 1. The privileges created in this chapter shall not apply to criminal investigations or proceedings. An environmental audit report, supporting documents, and testimony relating thereto may be obtained by a prosecutor’s subpoena pursuant to the rules of criminal procedure. If an environmental audit report is obtained, reviewed, or used in […]

Section 455K.8 – Voluntary disclosure of environmental violation — immunity.

455K.8 Voluntary disclosure of environmental violation — immunity. 1. An owner or operator is eligible for immunity under this section from the time the department receives official notification from the owner or operator of a scheduled environmental audit. An owner or operator is immune from any administrative or civil penalty associated with the information disclosed […]

Section 455K.9 – Other privileges not affected.

455K.9 Other privileges not affected. This chapter shall not limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work product doctrine and the attorney-client privilege. 98 Acts, ch 1109, §9