NRS445C.110. Environmental audit: Privileged; exceptions.

      1.  Except as otherwise provided in this section, an environmental audit conducted pursuant to the provisions of this chapter shall be deemed privileged and is not admissible in an administrative proceeding or civil action against the regulated person who conducted the audit or the regulated facility which is owned or operated by the regulated person.

      2.  The privilege provided by subsection 1 does not apply if:

      (a) A regulatory agency requests the admission of the results of an environmental audit at an administrative proceeding or civil action commenced by the regulatory agency;

      (b) The regulated person expressly waives the privilege; or

      (c) A court or administrative hearing officer determines in camera that the presumption against administrative or civil liability is rebutted pursuant to NRS 445C.090.

      3.  For the purposes of paragraph (b) of subsection 2, a regulated person does not waive the privilege if he or she voluntarily discloses, pursuant to NRS 445C.010 to 445C.120, inclusive, the results of an environmental audit or a violation of an environmental requirement discovered as a result of an environmental audit to a regulatory agency.

      4.  This section does not prohibit a person or entity from:

      (a) Obtaining information concerning a violation of an environmental requirement from a source independent of an environmental audit.

      (b) Commencing an administrative proceeding or civil or criminal action against a regulated person or a regulated facility which is owned or operated by a regulated person based upon information that was obtained from a source independent of an environmental audit.

      (c) Intervening in a proceeding or action filed against a regulated person or regulated facility if the intervention is specifically authorized by statute or regulation.

      (Added to NRS by 1997, 1077)