§ 13-28-4-7 — Waiver of privilege

Indiana § 13-28-4-7

• Jurisdiction: Indiana
• Art. 28: TECHNICAL ASSISTANCE AND VOLUNTARY
• Ch. 4: Voluntary Environmental Audits

Text

(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 that submits an environmental audit report to the
department waives any privilege to which the party would otherwise be
entitled under this chapter. If the department determines under IC 5-14-3-4(a) that part of an environmental audit report is excepted from
IC 5-14-3-3, then that part of the environmental audit report may not
be disclosed by a public agency unless access to the report is required
by a state or federal statute or is ordered by a court as provided under
IC 5-14-3-4(a).
(c) When the department or a prosecuting attorney obtains, reviews,
or uses an environmental audit report in a criminal proceeding, the
administrative or civil evidentiary privilege created by this chapter is
not waived or eliminated for any other purpose.
[Pre-1996 Recodification Citation: 13-10-3-9.]

Legislative History

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.15.