Arkansas Code Title 8, Chapter 1, Subchapter 3 - Environmental Audit Reports

• § 8-1-301 - Purpose.
  The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that...
• § 8-1-302 - Definitions.
  As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Director" means the Director of the Arkansas Department...
• § 8-1-303 - Privilege.
  (a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or...
• § 8-1-304 - Waiver.
  (a) The privilege described in § 8-1-303 does not apply to the extent that: (1) It is waived expressly by the owner or operator...
• § 8-1-305 - Exceptions.
  The privilege described in § 8-1-303 does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected,...
• § 8-1-306 - Stipulation.
  The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in...
• § 8-1-307 - Disclosure in Civil or Administrative Proceeding.
  (a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for...
• § 8-1-308 - [Repealed.]
• § 8-1-309 - Audit Privilege Reserved for Administrative or Civil Proceedings.
  The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used...
• § 8-1-310 - Burden of Proof.
  (a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of...
• § 8-1-311 - Partial Disclosure.
  Upon making a determination under § 8-1-307, the court of record or administrative tribunal may compel disclosure of only those parts of an environmental...
• § 8-1-312 - Scope.
  Nothing in this subchapter may limit, waive, or abrogate: (1) The scope of any statutory or common law privilege, including the work product doctrine...

Last modified: November 15, 2016