8-58.58. (Article has a contingent effective date - see note) Burden of proof.
A party asserting the privilege established under G.S. 8-58.53 has the burden of proving that (i) the materials claimed as privileged constitute an environmental audit report as defined by this Article, and (ii) compliance has been achieved or will be achieved within a reasonable period of time. A party seeking disclosure under G.S. 8-58.56 has the burden of proving the condition for disclosure set forth in that section. (2015-286, s. 4.1(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7D - Environmental Audit Privilege and Limited Immunity.
§ 8-58.50 - (Article has a contingent effective date see note)Purpose.
§ 8-58.51 - (Article has a contingent effective date see note) Definitions.
§ 8-58.52 - (Article has a contingent effective date see note) Applicability.
§ 8-58.54 - (Article has a contingent effective date see note) Waiver of privilege.
§ 8-58.55 - (Article has a contingent effective date see note) Notification of audit.
§ 8-58.57 - (Article has a contingent effective date see note) Privilege in criminal proceedings.
§ 8-58.58 - (Article has a contingent effective date see note) Burden of proof.
§ 8-58.59 - (Article has a contingent effective date see note) Stipulations; declaratory rulings.
§ 8-58.60 - (Article has a contingent effective date see note) Construction of Article.
§ 8-58.63 - (Article has a contingent effective date see note) Preemption of local laws.