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.
HISTORY: 1996 Act No. 384, Section 2; 2000 Act No. 270, Section 1.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 57 - Environmental Audit Privilege And Voluntary Disclosure
Section 48-57-20. Definitions.
Section 48-57-30. Environmental audit report; privilege.
Section 48-57-40. Waiver of privilege.
Section 48-57-45. Notification of audit.
Section 48-57-50. Revocation of privilege in administrative proceedings.
Section 48-57-60. Privilege in criminal proceedings.
Section 48-57-70. Burden of proof.
Section 48-57-80. Stipulations; declaratory rulings.
Section 48-57-90. Construction.