1. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply:

   1. (1) The environmental audit report was first issued after July 1, 1994.

   2. (2) One (1) of the following applies:

      1. (A) The privilege is asserted for a fraudulent purpose.
      2. (B) The material is not subject to the privilege.

      3. (C) The material is subject to the privilege and the material shows evidence of noncompliance with:

         1. (i) this title or a rule or standard adopted by the board or one
         2. (1) of the former boards abolished by IC 13-13-8-2 ;
         3. (ii) a determination, a permit, or an order issued by the commissioner under this title; or

         4. (iii) the federal, regional, or local counterpart of item (i) or (ii);

            and the person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.

2. (b) If the noncompliance described in subsection (a)(2)(C) constitutes a failure to obtain a required permit, the person is considered to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.

   [Pre-1996 Recodification Citation: 13-10-3-4.]

As added by P.L.1-1996, SEC.18. Amended by P.L.113-2014, SEC.85.