1. (a) The privilege described in section 1 of this chapter does not apply to the following:

   1. (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under:

      1. (A) this title;
      2. (B) a rule or standard adopted under this title;
      3. (C) a determination, a permit, or an order made or issued by the commissioner under this title; or
      4. (D) any other federal, state, or local law, permit, or order.
   2. (2) Information obtained by observation, sampling, or monitoring by any regulatory agency.
   3. (3) Information obtained from a source independent of the environmental audit.

2. (b) This section does not allow the regulatory agency to adopt a rule or a permit condition for the purpose of circumventing the privilege established in this chapter by requiring disclosure of a report of a voluntarily conducted audit.

   [Pre-1996 Recodification Citation: 13-10-3-11.]

As added by P.L.1-1996, SEC.18.