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8-1-310. Burden of proof.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-310. Burden of proof.
(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.
(b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-310
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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Stable record: arkansas_code:legal_authorities:8-1-310
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 51b2a2b2d2fe64650491ced9e6c9796dd619f0d3fa4a1fc065a7b3597bf118b1
Source location: content.xml paragraph 500
Stored source content
8-1-310. Burden of proof.
(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.
(b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-307. Disclosure in civil or administrative proceeding.
(a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in § 8-1-303 is asserted if the court or administrative tribunal determines one (1) of the following:
(1) The privilege is asserted for a fraudulent purpose;
(2) The material is not subject to the privilege;
(3) The material is subject to the privilege and the material shows evidence of noncompliance with:
(A) Federal or state law or extensions of such statutes;
(B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or
(C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and
(4) The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.
(b)(1) If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.
(2)(A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a requir
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-307
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 8-1-307. This identifies an authority to review, not proof of applicability.