Iowa Code 455K.4 – Waiver of privilege — disclosure
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1. The privilege described in section 455K.3 shall not apply to the extent that the privilege is expressly waived in writing by the owner or operator who prepared the environmental audit report or caused the report to be prepared.
Terms Used In Iowa Code 455K.4
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the department or the director's designee. See Iowa Code 462A.2
- Environmental audit: means a voluntary evaluation of a facility or operation, of an activity at a facility or operation, or of an environmental management system at a facility or operation when the facility, operation, or activity is regulated under state or federal environmental laws, rules, or permit conditions, conducted by an owner or operator, an employee of the owner or operator, or an independent contractor retained by the owner or operator that is designed to identify historical or current noncompliance with environmental laws, rules, ordinances, or permit conditions, discover environmental contamination or hazards, remedy noncompliance or improve compliance with environmental laws, or improve an environmental management system. See Iowa Code 455K.2
- environmental audit report: includes supporting information which may include, but is not limited to, the report document itself, observations, samples, analytical results, exhibits, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, surveys, implementation plans, interviews, discussions, correspondence, and communications related to the environmental audit. See Iowa Code 455K.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Operator: means a person who operates or is in actual physical control of a vessel. See Iowa Code 462A.2
- Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
- Owner or operator: means the person or entity who caused the environmental audit to be undertaken. See Iowa Code 455K.2
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Privilege: means the protections provided in regard to an environmental audit report as provided in this chapter. See Iowa Code 455K.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. Disclosure of an environmental audit report or any other information generated by an environmental audit does not waive the privilege established in section 455K.3 if the disclosure meets any of the following criteria:
a. The disclosure is made to address or correct a matter raised by the environmental audit and the disclosure is made to any of the following:
(1) A person employed by the owner or operator, including temporary and contract employees.
(2) A legal representative of the owner or operator.
(3) An officer or director of the regulated facility or operation or a partner of the owner or operator.
(4) An independent contractor retained by the owner or operator.
b. The disclosure is made under the terms of a confidentiality agreement between any person and the owner or operator of the audited facility or operation.
3. A party to a confidentiality agreement described in subsection 2, paragraph “b”, who violates that agreement is liable for damages caused by the disclosure and for any other penalties stipulated in the confidentiality agreement.
4. Information that is disclosed under subsection 2, paragraph “b”, is confidential and is not subject to disclosure under chapter 22.
5. The protections provided by federal or state law shall be afforded to individuals who disclose information to law enforcement authorities.
6. The provisions of this chapter shall not abrogate the protections provided by federal and state law regarding confidentiality and trade secrets.