Nevada § 445C.110 - Environmental audit: Privileged; exceptions

§ 445C.110. Environmental audit: Privileged; exceptions

1. Except as otherwise provided in this section, an environmental audit conducted

pursuant to the provisions of NRS 445C.010 to 445C.120 , inclusive, 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.