8-58.50. (Article has a contingent effective date – see note). Purpose. (a) In order to encourage owners and operators of facilities and persons conducting activities regulated under those portions of the General Statutes set forth in G.S. 8-58.52, or conducting activities regulated under other environmental laws, to conduct voluntary internal environmental audits of their compliance […]
8-58.51. (Article has a contingent effective date – see note) Definitions. The following definitions apply in this Article: (1) "Department" means the Department of Environmental Quality. (2) "Enforcement agencies" means the Department, any other agency of the State, and units of local government responsible for enforcement of environmental laws. (3) "Environmental audit" means a voluntary, […]
8-58.52. (Article has a contingent effective date – see note) Applicability. (a) This Article applies to activities regulated under environmental laws, including all of the following provisions of the General Statutes, and rules adopted thereunder: (1) Article 7 of Chapter 74. (2) Chapter 104E. (3) Article 25 of Chapter 113. (4) Articles 1, 4, and […]
8-58.53. (Article has a contingent effective date – see note) Environmental audit report; privilege. (a) An environmental audit report or any part of an environmental audit report is privileged and, therefore, immune from discovery and is not admissible as evidence in civil or administrative proceedings, except as provided in G.S. 8-58.54 and G.S. 8-58.56. Provided, […]
8-58.54. (Article has a contingent effective date – see note) Waiver of privilege. (a) The privilege established under G.S. 8-58.53 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be […]
8-58.55. (Article has a contingent effective date – see note) Notification of audit. In order to assert the privilege established under G.S. 8-58.53, the owner or operator of the facility conducting the environmental audit shall, upon inspection of the facility by an enforcement agency, or no later than 10 working days after completion of an […]
8-58.56. (Article has a contingent effective date – see note) Revocation of privilege in civil and administrative proceedings. In a civil or administrative proceeding, an enforcement agency may seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged. The court shall revoke the privilege established under G.S. 8-58.53 […]
8-58.57. (Article has a contingent effective date – see note) Privilege in criminal proceedings. The privilege established under G.S. 8-58.53 is not applicable in any criminal proceeding. (2015-286, s. 4.1(a).)
8-58.58. (Article has a contingent effective date – see note) Burden of proof. A party asserting the privilege established under G.S. 8-58.53 has the burden of proving that (i) the materials claimed as privileged constitute an environmental audit report as defined by this Article, and (ii) compliance has been achieved or will be achieved within […]
8-58.59. (Article has a contingent effective date – see note) Stipulations; declaratory rulings. The parties to a proceeding may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege. In the absence of an ongoing proceeding, where the […]
8-58.60. (Article has a contingent effective date – see note) Construction of Article. Nothing in this Article limits, waives, or abrogates any of the following: (1) The scope or nature of any statutory or common law privilege, including the work-product privilege or the attorney-client privilege. (2) Any existing ability or authority under State law to […]
8-58.61. (Article has a contingent effective date – see note) Voluntary disclosure; limited immunity from civil and administrative penalties and fines. (a) An owner or operator of a facility is immune from imposition of civil and administrative penalties and fines for a violation of environmental laws voluntarily disclosed subject to the requirements and criteria set […]
8-58.62. (Article has a contingent effective date – see note) Additional limitations on exercise of privilege or immunity. An owner or operator of a facility who makes a voluntary disclosure of a violation of environmental laws discovered through performance of an environmental audit shall only be entitled to exercise of the privilege or immunity established […]
8-58.63. (Article has a contingent effective date – see note) Preemption of local laws. No local law, rule, ordinance, or permit condition may circumvent or limit the privilege established by this Article or the exercise of the privileges or the presumption and immunity established by this Article. (2015-286, s. 4.1(a).)
