§ 42-17.8-3 - Compliance incentives.
SECTION 42-17.8-3
§ 42-17.8-3 Compliance incentives. –Subject to the exceptions set forth in § 42-17.8-4, when a regulatedentity 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 timelycomplied with any agreement or consent order entered into with the departmentto resolve the violations disclosed by the regulated entity, the departmentshall not:
(1) Assess gravity-based penalties for any violation ofenvironmental laws reported by the regulated entity;
(2) Refer the regulated entity to the attorney general orother governmental authority for civil or criminal prosecution relating to theviolation(s) disclosed by the regulated entity; provided, however, that nothingin this section shall be construed to limit any attorney-client privilege ordeliberative process privilege otherwise provided or established by law; or
(3) Request or use a regulated entity's environmental auditreport(s) as a regular means of investigation or as basis for initiatingadministrative, civil, or criminal actions.