Subject to the exceptions set forth in § 42-17.8-4, when a regulated entity establishes that it has satisfied all of the conditions set forth in §§ 42-17.8-5, 42-17.8-6, and 42-17.8-7 and has thoroughly and timely complied with any agreement or consent order entered into with the department to resolve the violations disclosed by the regulated entity, the department shall not: (1) Assess gravity-based penalties for any violation of environmental laws reported by the regulated entity; (2) Refer the regulated entity to the attorney general or other governmental authority for civil or criminal prosecution relating to the violation(s) disclosed by the regulated entity; provided, however, that nothing in this section shall be construed to limit any attorney-client privilege or deliberative process privilege otherwise provided or established by law; or (3) Request or use a regulated entity’s environmental audit report(s) as a regular means of investigation or as basis for initiating administrative, civil, or criminal actions.
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