Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under: (A) this title; (B) a rule or standard adopted under this title; (C) a determination, a permit, or an order made or issued by the commissioner under this title; or (D) any other federal, state, or local law, permit, or order. (2) Information obtained by observation, sampling, or monitoring by any regulatory agency. (3) Information obtained from a source independent of the environmental audit. (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.]
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