Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived:

(1) expressly; or

Terms Used In Indiana Code 13-28-4-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
(2) by implication;

by the owner or operator who prepared the environmental report or caused the report to be prepared.

     (b) A party that submits an environmental audit report to the department waives any privilege to which the party would otherwise be entitled under this chapter. If the department determines under IC 5-14-3-4(a) that part of an environmental audit report is excepted from IC 5-14-3-3, then that part of the environmental audit report may not be disclosed by a public agency unless access to the report is required by a state or federal statute or is ordered by a court as provided under IC 5-14-3-4(a).

     (c) When the department or a prosecuting attorney obtains, reviews, or uses an environmental audit report in a criminal proceeding, the administrative or civil evidentiary privilege created by this chapter is not waived or eliminated for any other purpose.

[Pre-1996 Recodification Citation: 13-10-3-9.]

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.15.

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