(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.
Indiana Legal Code