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.