South Carolina Statutes
§ 48-57-70 — Burden of proof.
South Carolina·Title 48 ENVIRONMENTAL PROTECTION AND CONSERVATION·Ch. 57 ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE
A party asserting the privilege provided for in Section 48-57-30 has the burden of proving that the materials claimed as privileged constitute an environmental audit report as defined by Section 48-57-20 and also of proving that compliance has been achieved or will be achieved through the exercise of best efforts. A party seeking disclosure under Section 48-57-50 has the burden of proving the condition for disclosure set forth in that section.
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South Carolina § 48-57-70 (Burden of proof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1996 Act No. 384, SECTION 2; 2000 Act No. 270, SECTION 1.
Nearby Sections
12
§ 48-57-10
Purpose.§ 48-57-100
Voluntary disclosure.§ 48-57-110
Effect of state or local governmental rule, regulation, guidance, policy, or permit condition.§ 48-57-20
Definitions.§ 48-57-30
Environmental audit report; privilege.§ 48-57-40
Waiver of privilege.§ 48-57-45
Notification of audit.§ 48-57-60
Privilege in criminal proceedings.§ 48-57-70
Burden of proof.§ 48-57-80
Stipulations; declaratory rulings.§ 48-57-90
Construction.