Browse Arkansas Code titles and sections
8-1-304. Waiver.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-304. Waiver.
(a) The privilege described in § 8-1-303 does not apply to the extent that:
(1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;
(2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and
(3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when:
(A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and:
(i) A potential purchaser of the facility; or
(ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;
(B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or
(C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.
(b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:8-1-304
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 56d894063535a5605179fc140dd914d22982c589ba58f31057c839b22a97f195
Source location: content.xml paragraph 437
Stored source content
8-1-304. Waiver.
(a) The privilege described in § 8-1-303 does not apply to the extent that:
(1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;
(2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and
(3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when:
(A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and:
(i) A potential purchaser of the facility; or
(ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;
(B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or
(C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.
(b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-303. Privilege.
(a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits.
(b) An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-1-303. This identifies an authority to review, not proof of applicability.