Indiana Code
Chapter 4. Voluntary Environmental Audits
13-28-4-9. Applicability of Privilege

Sec. 9. (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.]
As added by P.L.1-1996, SEC.18.

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