(a) The privilege described in § 8-1-303 does not apply to the extent that:
(1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;
(2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and
(3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when:
(A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and:
(i) A potential purchaser of the facility; or
(ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;
(B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or
(C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.
(b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.
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