49-1401. Definitions In this chapter, unless the context otherwise requires: 1. " Actual harm" means damage, loss or injury. 2. " Audit report" means an audit report prescribed by section 49-1402. 3. " Environmental law" means a federal, state or local law, rule, regulation or ordinance, or a permit issued under a federal, state or […]
49-1402. Audit report; contents A. An audit report shall include each document and communication, other than those set forth in section 49-1406, that is created for an environmental audit to evaluate compliance with environmental laws. B. An audit report may include the following: 1. A report prepared by an auditor, consultant, monitor or other similar […]
49-1403. Privilege A. Except as provided in sections 49-1404, 49-1405 and 49-1406, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A civil action, whether legal or equitable. 2. An administrative proceeding. B. When called or subpoenaed as a witness, […]
49-1404. Exception; waiver; violation; classification A. The privilege prescribed in section 49-1403 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by an environmental audit does […]
49-1405. Exception; disclosure required by court or administrative hearing official A. A court or administrative hearing official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing official determines after an in camera review consistent with the appropriate rules of […]
49-1406. Nonprivileged materials A. The privilege described in this chapter does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under an environmental law. 2. Information obtained by observation, sampling or monitoring by a regulatory agency. 3. Information obtained […]
49-1407. Review of privileged document by governmental authority A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by this chapter is not waived or eliminated for any other purpose. B. Notwithstanding the privilege established by this chapter, a regulatory agency may review information […]
49-1408. Construction; no immunity Nothing in this article shall be construed to provide civil or criminal immunity to a person or organization.
