South Carolina § 48-57-40 - Waiver of privilege.

§ 48-57-40. Waiver of privilege.

(A) The privilege provided for in Section 48-57-30 does not apply to the extent that it is expressly waived in writing by the owner or operator of a facility at which an environmental audit was conducted and who prepared or caused to be prepared the audit report as a result of the audit.

(B) The audit report and information generated by the audit may be disclosed without waiving the privilege in Section 48-57-30 to:

(1) a person employed by the owner or operator or the parent corporation of the audited facility;

(2) a legal representative of the owner or operator or parent corporation; or

(3) an independent contractor retained by the owner or operator or parent corporation to conduct an audit on or to address an issue or issues raised by the audit.

(C) Disclosure of an audit report or information generated by the audit under these circumstances does not waive the privilege in Section 48-57-30:

(1) disclosure made under the terms of a confidentiality agreement between the owner or operator of the facility audited and a potential purchaser of the business or facility audited;

(2) disclosure made under the terms of a confidentiality agreement between governmental officials and the owner or operator of the facility audited;

(3) disclosure made under the terms of a confidentiality agreement between a customer, lending institution, or insurance company with an existing or proposed relationship with the facility.

HISTORY: 1996 Act No. 384, SECTION 2; 2000 Act No. 270, SECTION 1.