§ 42-17.8-6 - Disclosure of noncompliance.
SECTION 42-17.8-6
§ 42-17.8-6 Disclosure of noncompliance.– In order to qualify for the compliance incentives set forth in §42-17.8-3, a regulated entity must fully disclose the violations discovered inaccordance with the following:
(1) Each specific violation shall be disclosed, in writing,within fifteen (15) days (or such shorter period provided by law) of discovery.The written disclosure shall identify:
(i) Each violation discovered;
(ii) How each violation was discovered (i.e., audit or duediligence);
(iii) All supporting information or data (i.e. documents,equipment testing results, monitoring results, laboratory analysis, etc.); and
(iv) All actions that have been or will be taken by theregulated entity to bring itself into compliance, to mitigate any actual orthreatened harm and to remediate any resulting damage.
(2) The violation must be disclosed by the regulated entityprior to:
(i) Commencement of a federal, state or local agencyinspection or investigation, or the issuance by such agency of an informationrequest to the regulated entity;
(ii) Notice of a citizen suit;
(iii) The filing of a civil or criminal complaint oradministrative action by a government entity or a third-party;
(iv) The reporting of the violation to the department (orother government entity) by a third-party;
(v) The reporting of the violation to the department by anindependent source, provided that the date of discovery is documented in theofficial report of the department.