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House Journal: Page 423: Tuesday, March 3, 1998

37   was made as part of the preparation of an
38   environmental audit report and that is addressed in a
39   privileged part of an environmental audit report.
40     b.  If the person is any of the following:
41     (1)  A person who conducted any portion of the
42   environmental audit but did not personally observe the
43   physical events of an environmental violation.
44     (2)  A person to whom the results of the
45   environmental audit report are disclosed under section
46   455J.4, subsection 2.
47     (3)  A custodian of the environmental audit report.
48     3.  A person who conducts or participates in the
49   preparation of an environmental audit report and who
50   has observed physical events of an environmental

Page 3

 1   violation may testify about those events but shall not
 2   be compelled to testify about or produce documents
 3   related to the preparation of or any privileged part
 4   of an environmental audit or any component listed in
 5   section 455J.2, subsection 3.
 6     4.  An employee of a state agency or other
 7   governmental employee shall not request, review, or
 8   otherwise use an environmental audit report during an
 9   agency inspection of a regulated facility or
10   operation, or an activity of a regulated facility or
11   operation.
12     5.  A party asserting the privilege under this
13   section has the burden of establishing the
14   applicability of the privilege.
15     6.  The privilege provided in this section is in
16   addition to the privilege provided to assistance
17   programs pursuant to section 455B.484A.
18     Sec. 4.  NEW SECTION.  455J.4  WAIVER OF PRIVILEGE
19   - DISCLOSURE.
20     1.  The privilege described in section 455J.3 shall
21   not apply to the extent that the privilege is
22   expressly waived by the owner or operator who prepared
23   the environmental audit report or caused the report to
24   be prepared.
25     2.  Disclosure of an environmental audit report or
26   any information generated by an environmental audit
27   does not waive the privilege established in section
28   455J.3 if the disclosure meets any of the following
29   criteria:
30     a.  The disclosure is made to address or correct a
31   matter raised by the environmental audit and the
32   disclosure is made to any of the following:
33     (1)  A person employed by the owner or operator,
34   including temporary and contract employees.
35     (2)  A legal representative of the owner or
36   operator.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00423.html
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