§ 13-28-4-9 — Applicability of privilege

Indiana § 13-28-4-9

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

Text

(a) The privilege described in section 1 of this
chapter does not apply to the following:
(1) Documents, communications, data, reports, or other
information that must be collected, developed, maintained,
reported, or otherwise made available to a regulatory agency
under:
(A) this title;
(B) a rule or standard adopted under this title;
(C) a determination, a permit, or an order made or issued by the
commissioner under this title; or
(D) any other federal, state, or local law, permit, or order.
(2) Information obtained by observation, sampling, or monitoring
by any regulatory agency.
(3) Information obtained from a source independent of the
environmental audit.
(b) This section does not allow the regulatory agency to adopt a rule
or a permit condition for the purpose of circumventing the privilege
established in this chapter by requiring disclosure of a report of a
voluntarily conducted audit.
[Pre-1996 Recodification Citation: 13-10-3-11.]

Legislative History

As added by P.L.1-1996, SEC.18.