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89 <br /> Information obtained from a source independent of the environmental audit. <br /> Documents, communication, data, reports, or other information required to <br /> be collected, maintained, otherwise made available, or reported to an <br /> enforcement agency or any other entity by environmental laws, permits, <br /> orders, consent agreements, or as otherwise provided by law. <br /> Documents prepared either prior to the beginning of the environmental audit <br /> or subsequent to the completion date of the audit report and, in all cases, any <br /> documents prepared independent of the audit or audit report. <br /> Documents prepared as a result of multiple or continuous self-auditing <br /> conducted in an effort to intentionally avoid liability for violations. <br /> Information that is knowingly misrepresented or misstated or that is <br /> knowingly deleted or withheld from an environmental audit report, whether <br /> or not included in a subsequent environmental audit report. <br /> Information in instances where the material shows evidence of <br /> noncompliance with environmental laws, permits, orders, consent <br /> agreements, and the owner or operator failed to either promptly take <br /> corrective action or eliminate any violation of law identified during the <br /> environmental audit within a reasonable period of time. <br /> If an environmental audit report or any part of an environmental audit report is <br /> subject to the privilege provided for in subsection (a) of this section, no person who conducted <br /> or participated in the audit or who significantly reviewed the audit report may be compelled to <br /> testify regarding the audit report or a privileged part of the audit report except as provided for <br /> in G.S. 8-58.53(4), 8-58.54, or 8-58.56. <br /> (c) Nothing in this Part shall be construed to restrict a party in a proceeding before the <br /> Industrial Commission from obtaining or discovering any evidence necessary or apropriate for <br /> the proof of any issue pending in an action before the Commission, regardless of whether <br /> evidence is privileged pursuant to this Part. Further, nothing in this Part shall be construed to <br /> prevent the admissibility of evidence that is otherwise relevant and admissible in a proceeding <br /> before the Industrial Commission, regardless of whether the evidence is privileged pursuant to <br /> this Part. Provided, however, the Commission, upon motion made by a party to the proceeding, <br /> may issue apropriate protective orders preventing disclosure of information outside of the <br /> Commission's proceeding_ <br /> Nothing in this Part shall be construed to circumvent the employee protection <br /> provisions provided by federal or State law. <br /> (e) The privilege created by this Part does not aply to criminal investigations or <br /> proceedings. Where an audit report is obtained, reviewed, or used in a criminal proceeding, the <br /> privilege created by this Part shall continue to aply and is not waived in civil and <br /> administrative proceedings and is not discoverable or admissible in civil or administrative <br /> proceedings even if disclosed during a criminal proceeding_ <br /> 8-58.54. Waiver of privilege. <br /> (a) The privilege established under G.S. 8-58.53 does not aply to the extent that it is <br /> expressly waived in writing by the owner or operator of a facility at which an environmental <br /> audit was conducted and who prepared or caused to be prepared the audit report as a result of <br /> the audit. <br /> The audit report and information generated by the audit may be disclosed without <br /> waiving the privilege established under G.S. 8-58.53 to all of the following persons: <br /> A person employed by the owner or operator or the parent corporation of the <br /> audited facility. <br /> A legal representative of the owner or operator or parent corporation. <br /> An independent contractor retained by the owner or operator or parent <br /> corporation to conduct an audit on or to address an issue or issues raised by <br /> the audit. <br /> (c) Disclosure of an audit report or information generated by the audit under all of the <br /> following circumstances shall not constitute a waiver of the privilege established under <br /> G.S. 8-58.53: <br /> Disclosure made under the terms of a confidentiality agreement between the <br /> owner or operator of the facility audited and a potential purchaser of the <br /> business or facility audited. <br /> House Bill 765-Ratified Session Law 2015-286 Page 15 <br />