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8-1-305. Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-305. Exceptions.
The privilege described in § 8-1-303 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 the public or a regulatory agency under:
(A) Federal or state law or extensions thereof;
(B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;
(C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or
(D) Any other federal, state, or local law, permit, or order;
(2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and
(3) Information obtained from a source independent of the environmental audit.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-305
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.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-1-305
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a0ad8808fac06944b9cef73358a77247dc035f79712f6573364f408d02d6a7ca
Source location: content.xml paragraph 451
Stored source content
8-1-305. Exceptions.
The privilege described in § 8-1-303 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 the public or a regulatory agency under:
(A) Federal or state law or extensions thereof;
(B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;
(C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or
(D) Any other federal, state, or local law, permit, or order;
(2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and
(3) Information obtained from a source independent of the environmental audit.
Cross-references
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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.