1. The privilege described in this chapter does not apply to any of the following:
a. A document, communication, datum, report, or other information required by a regulatory agency to be collected, developed, retained, or reported under a state or federal environmental law, rule, or permit condition.
b. Information obtained by observation, sampling, or monitoring by a regulatory agency or a regulatory agency’s authorized designee.
c. Information obtained from a source not involved in the preparation of the environmental audit report.
2. This section does not limit the right of a person to agree to conduct an environmental audit and disclose an environmental audit report.
98 Acts, ch 1109, §6