75-1-1205. (Temporary) Submission and use of environmental audit information. (1) If a regulated entity discloses a violation to the department that is found during an environmental audit, the disclosure must be submitted on a form provided by the department that includes submittal of the following information:
     (a) the date of discovery of the violation;
     (b) the name and location of the regulated entity;
     (c) identification of the law or rule violated;
     (d) a description of the conditions relating to or affecting the violation;
     (e) compliance efforts made to correct or eliminate the violation;
     (f) recommendations for additional compliance efforts, if necessary, to correct or eliminate the violation; and
     (g) recommendations necessary to prevent reoccurrence of the violation.
     (2) (a) The form submitted to the department in subsection (1) is public information, but the department may not request the environmental audit. The department may request all relevant facts and data that the department needs to independently establish the nature and extent of the violation and to determine whether all damage created by the violation has been corrected. The environmental audit report and its relevant underlying data is subject to discovery according to the rules of civil or criminal procedure. Any information contained in an environmental audit form pertaining to violations that were discovered as a result of the audit and disclosed and corrected as required by this part may not be used by the department against the regulated entity in any administrative hearing or judicial action.
     (b) The prohibition in subsection (2)(a) does not apply to the use of voluntary statements made in connection with the information when offered for impeachment purposes or in a subsequent action for perjury, false statement, or contempt.
     (3) Documents, communications, compliance data, reports, or other information required to be collected, developed, maintained, or reported to the department according to state law, rule, or permit are not covered by the provisions of this part. (Terminates October 1, 2001--sec. 10, Ch. 534, L. 1997.)

     History: En. Sec. 5, Ch. 534, L. 1997.