Companies that self-disclose environmental violations discovered during self-audits can be eligible for immunity from environmental fines and penalties. In Ohio, Kentucky, and Indiana, each state has adopted statutory protections when environmental violations are self-reported. Each of these states provides protection for the confidentiality of self-audit reports, and depending on the state, immunity from or reduction of civil penalties. These statutory immunities and privileges are similar to those described in USEPA’s April, 2000 Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations. 65 Fed. Reg. 19168 (April 11, 2000). Unlike USEPA’s Policy, the protections of Ohio, Kentucky and Indiana law have been enacted by their respective General Assemblies and are legally enforceable by the reporting company.
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