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House Journal: Page 426: Tuesday, March 3, 1998

37   to the public by operation of a specific local, state,
38   or federal law, rule, ordinance, or permit condition,
39   the governmental authority shall notify the person
40   claiming the privilege of the potential for public
41   disclosure prior to obtaining such information under
42   subsection 1 or 2.
43     4.  If privileged information is disclosed under
44   subsection 2 or 3, on the motion of a party, a court
45   or the presiding officer in an administrative hearing
46   shall suppress evidence offered in any civil or
47   administrative proceeding that arises or is derived
48   from review, disclosure, or use of information
49   obtained under this section if the review, disclosure,
50   or use is not authorized under section 455J.6.  A

Page 6

 1   party having received information under subsection 2
 2   or 3 has the burden of proving that the evidence
 3   offered did not arise and was not derived from the
 4   review of privileged information.
 5     Sec. 8.  NEW SECTION.  455J.8  VOLUNTARY DISCLOSURE
 6   OF ENVIRONMENTAL VIOLATION - IMMUNITY.
 7     1.  An owner or operator is eligible for immunity
 8   under this section from the time the department
 9   receives official notification from the owner or
10   operator of a scheduled environmental audit.  An owner
11   or operator is immune from any administrative or civil
12   penalty associated with the issues disclosed if the
13   owner or operator makes a prompt voluntary disclosure
14   to the department regarding an environmental violation
15   which is discovered through the environmental audit.
16   The owner or operator shall provide a timetable for
17   submitting a remediation schedule to the department
18   and information supporting the claim that the
19   disclosure is voluntary at the time that the
20   disclosure is made to the department.  The owner or
21   operator creates a rebuttable presumption that the
22   disclosure is voluntary by providing such information
23   at the time of disclosure.  To rebut the presumption
24   that a disclosure is voluntary, the department or
25   other party has the burden of proving that the
26   disclosure was not voluntary.  Immunity is not
27   provided if the violations of local, state, or federal
28   environmental law, rule, ordinance, or permit
29   condition are intentional or if the violations of
30   local, state, or federal law, rule, ordinance, or
31   permit condition resulted in substantial actual injury
32   or imminent and substantial risk of injury to persons,
33   property, or the environment.
34     2.  The disclosure of information is voluntary if
35   all of the following circumstances exist:
36     a.  The disclosure arises out of an environmental

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