Materials not privileged.

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 Referred to in §455K.5 , 455K.7