Michigan Compiled Laws 451-1994-ii-4-148 Part 148 Environmental Audit Privilege And Immunity (324.14801...324.14810)

• Section 324.14801 Definitions.
  As used in this part: (a) “Environmental audit” means a voluntary and internal evaluation conducted on or after the effective date of this part...
• Section 324.14802 Environmental Audit And Environmental Audit Report; Conduct; Creation; Privilege And Protection From Disclosure; Exception; Testimony; Admissibility As Evidence.
  (1) The owner or operator of a facility, or an employee or agent of the owner or operator on behalf of the owner or...
• Section 324.14803 Waiver Of Privilege.
  (1) The privilege provided for in this part may be expressly waived by the person for whom the environmental audit report was prepared. The...
• Section 324.14804 Request For Disclosure By State Or Local Law Enforcement Authorities; Objection; Petition; In Camera Hearing; Determination By Court; Disclosure Pending Appeal.
  (1) A request by state or local law enforcement authorities for disclosure of an environmental audit report shall be made by a written request...
• Section 324.14805 Criminal Proceeding; Applicability Of Privilege.
  The privilege created by this part does not apply to criminal investigations or proceedings. Where an audit report is obtained, reviewed, or used in...
• Section 324.14806 Privilege; Burden Of Proof; Stipulation; Disclosure Of Relevant Portions Of Report.
  (1) A person asserting the privilege under this part has the burden of proving a prima facie case as to the privilege. A person...
• Section 324.14807 Fraud As Misdemeanor; Penalty.
  A person who uses this part to commit fraud is guilty of a misdemeanor punishable by a fine of not more than $25,000.00. History:...
• Section 324.14808 Other Privileges Not Limited.
  This part does not limit, waive, or abrogate either of the following: (a) The scope or nature of any statutory or common law privilege,...
• Section 324.14809 Immunity From Civil And Criminal Penalties And Fines.
  (1) A person is immune from any administrative or civil penalties and fines under this act and from criminal penalties and fines for negligent...
• Section 324.14809a Authority Of Other Provisions Not Limited.
  Except for the immunity provided in section 14809, this part does not limit or affect the authority of any other provision of this act...
• Section 324.14810 Data Base.
  (1) The department of environmental quality shall establish and maintain a data base of the voluntary disclosures made under this part. The data base...

Last modified: October 10, 2016