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 a facility
or operation when the facility, operation, or activity is regulated under state or federal
environmental laws, rules, or permit conditions, conducted by an owner or operator, an
employee of the owner or operator, or an independent contractor retained by the owner or
operator that is designed to identify historical or current noncompliance with environmental
laws, rules, ordinances, or permit conditions, discover environmental contaminati
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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 a facility
or operation when the facility, operation, or activity is regulated under state or federal
environmental laws, rules, or permit conditions, conducted by an owner or operator, an
employee of the owner or operator, or an independent contractor retained by the owner or
operator that is designed to identify historical or current noncompliance with environmental
laws, rules, ordinances, or permit conditions, discover environmental contamination
or hazards, remedy noncompliance or improve compliance with environmental laws,
or improve an environmental management system. Once notification is given to the
department, an environmental audit shall be completed within a reasonable time not to
exceed six months unless an extension is approved by the department based on reasonable
grounds.
3. “Environmental audit report” means a document or set of documents generated and
developed for the primary purpose and in the course of or as a result of conducting an
environmental audit. An “environmental audit report” includes supporting information
which may include, but is not limited to, the report document itself, observations, samples,
analytical results, exhibits, findings, opinions, suggestions, recommendations, conclusions,
drafts, memoranda, drawings, photographs, computer-generated or electronically recorded
information, maps, charts, graphs, surveys, implementation plans, interviews, discussions,
correspondence, andcommunicationsrelatedtotheenvironmentalaudit. An“environmental
audit report” may include any of the following components:
a. An executive summary prepared by the person conducting the environmental audit
which may include the scope of the environmental audit, the information gained in the
environmental audit, conclusions, recommendations, exhibits, and appendices.
b. Memoranda and documents analyzing portions or all of the report and discussing
implementation issues.
c. An implementation plan which addresses correcting past noncompliance, improving
current compliance or an environmental management system, or preventing future
noncompliance.
d. Periodic updates documenting progress in completing the implementation plan.
4. “Inquiring party” means any party appearing before a court or a presiding officer
in an administrative proceeding seeking to review or obtain an in camera review of an
environmental audit report.
5. “Owner or operator” means the person or entity who caused the environmental audit
to be undertaken.
§455K.2, ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY 2
6. “Privilege” means the protections provided in regard to an environmental audit report
as provided in this chapter.