75-1-1206. (Temporary) Limitations on applicability. (1) Sections 75-1-1201 through 75-1-1205 do not apply to a violation if:
     (a) the regulated entity purposely or knowingly committed the violation;
     (b) the violation was the result of gross negligence of the regulated entity;
     (c) the regulated entity has established a pattern of violating a specific state or federal environmental law, rule, regulation, permit, order, or compliance schedule within the 3 years before the date of the disclosure at the same facility;
     (d) the regulated entity has not corrected the violation according to any compliance schedule negotiated pursuant to 75-1-1204;
     (e) before the date of the environmental audit through which a violation was discovered, an investigation or an administrative or judicial proceeding regarding the specific voluntarily disclosed violation is initiated by the department;
     (f) (i) the department has assumed primacy over the administration of a federally delegated environmental law or program and 75-1-1201 through 75-1-1205 would cause the state program not to meet the delegation requirements for that program; or
     (ii) 75-1-1201 through 75-1-1205 would prevent the state from obtaining primacy; or
     (g) the violation disclosed to the department by the regulated entity caused actual substantial damage to human health or the environment.
     (2) An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions. (Terminates October 1, 2001--sec. 10, Ch. 534, L. 1997.)

     History: En. Sec. 6, Ch. 534, L. 1997.