(a) The privilege in AS 09.25.450 does not apply to the extent the privilege is expressly waived in writing by the owner or operator who prepared the audit report or caused the report to be prepared.
(b) Disclosure of the part of an audit report or information consisting of confidential self-evaluation or analysis does not waive the privilege established by AS 09.25.450 if the disclosure is made
(1) to address or correct a matter raised by the environmental audit and is made to
(A) a person employed by the owner or operator, including temporary and contract employees;
(B) the owner's or operator's lawyer or the lawyer's representative;
(C) an officer or director of the regulated facility, operation, or property;
(D) a partner of the owner or operator;
(E) an independent contractor retained by the owner or operator; or
(F) the principal of the independent contractor who conducted an audit on the principal's behalf;
(2) under the terms of a confidentiality agreement between the owner or operator who prepared the audit report or caused the audit report to be prepared and
(A) a partner or potential partner of the owner or operator of the facility, operation, or property;
(B) a transferee or potential transferee of an interest in the facility, operation, or property;
(C) a lender or potential lender for the facility, operation, or property;
(D) a person engaged in the business of insuring, underwriting, or indemnifying the facility, operation, or property; or
(E) a person who, along with the person who prepared the audit report or caused the audit report to be prepared, also is an owner or operator of part or all of the facility, operation, or property; or
(3) under a written claim of confidentiality to a government official or agency by the owner or operator who prepared the audit report or who caused the audit report to be prepared.
(c) Documents consisting of confidential self-evaluation and analysis that are disclosed under (b)(3) of this section are required to be kept confidential and are not subject to disclosure under AS 40.25.110 - 40.25.220.
(d) A party to a confidentiality agreement described in (b)(2) of this section who violates the agreement is liable for damages caused by the violation and for other penalties stipulated in the agreement.
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