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House Journal: Page 427: Tuesday, March 3, 1998

37   audit and relates to privileged information as
38   provided in section 455J.3.
39     b.  The person making the disclosure uses
40   reasonable efforts to pursue compliance and corrects
41   the noncompliance within a reasonable period of time
42   after completion of the environmental audit in
43   accordance with a remediation schedule approved by the
44   department.  If evidence shows that the noncompliance
45   is due to the failure to obtain a permit, reasonable
46   effort may be demonstrated by the submittal of a
47   complete permit application within a reasonable time.
48   Disclosure of information required to be reported by
49   local, state, or federal law, rule, ordinance, or
50   permit condition is not considered to be voluntary

Page 7

 1   disclosure and the immunity provisions in this section
 2   are not applicable.
 3     c.  Environmental violations are identified in an
 4   environmental audit report and disclosed before there
 5   is notice of a citizen suit or a legal complaint by a
 6   third party.
 7     d.  Environmental violations are identified in an
 8   environmental audit report and disclosed before the
 9   environmental violations are reported by any person
10   not involved in conducting the environmental audit or
11   to whom the environmental audit report was disclosed.
12     3.  If an owner or operator has not provided the
13   department with notification of a scheduled
14   environmental audit prior to performing the audit, a
15   disclosure of information is voluntary if the
16   environmental violations are identified in an
17   environmental audit report and disclosed by certified
18   mail to the proper regulatory agency that has
19   jurisdiction over the disclosed violation prior to the
20   agency's commencement of an investigation.
21     4.  If a person is required to make a disclosure
22   relating to a specific issue under a specific permit
23   condition or under an order issued by the department,
24   the disclosure is not voluntary with respect to that
25   issue.
26     5.  Except as provided in this section, this
27   section does not impair the authority of the proper
28   regulatory agency to require a technical or remedial
29   action or to order injunctive relief.
30     6.  Upon application to the department, the time
31   period within which a noncompliance item is corrected
32   under subsection 2 may be extended if it is not
33   practical to correct the noncompliance within the
34   reasonable period of time initially approved by the
35   department.  The department shall not unreasonably
36   withhold the grant of an extension.  If the department

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