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1995 SESSION

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HB 1845 Voluntary environmental assessment.

Introduced by: Whittington W. Clement | all patrons    ...    notes | add to my profiles

SUMMARY:

Voluntary environmental assessment. Creates a privilege for information generated from a voluntary environmental assessment and accords immunity from administrative or civil penalties to those who voluntarily disclose a violation of an environmental statute, regulation, permit or administrative order. An environmental assessment is an evaluation of activities or facilities that is designed to identify noncompliance and promote compliance with environmental laws and regulations or identify opportunities for improved efficiency or pollution prevention. The privilege does not extend to information that demonstrates a clear, imminent and substantial danger to the public health or the environment or to information required to be reported. In order for a voluntary disclosure to confer immunity: (i) it must not otherwise be required by law; (ii) it must be made promptly after knowledge of the violation is obtained through a voluntary environmental assessment; and (iii) the person making the disclosure must correct the violation in a diligent manner.


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