§ 42-17.8-6. Disclosure of noncompliance. In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must fully disclose the violations discovered in accordance with the following:

(1) Each specific violation shall be disclosed, in writing, within fifteen (15) days (or such shorter period provided by law) of discovery. The written disclosure shall identify:

(i) Each violation discovered;

(ii) How each violation was discovered (i.e., audit or due diligence);

(iii) All supporting information or data (i.e. documents, equipment testing results, monitoring results, laboratory analysis, etc.); and

(iv) All actions that have been or will be taken by the regulated entity to bring itself into compliance, to mitigate any actual or threatened harm and to remediate any resulting damage.

(2) The violation must be disclosed by the regulated entity prior to:

(i) Commencement of a federal, state or local agency inspection or investigation, or the issuance by such agency of an information request to the regulated entity;

(ii) Notice of a citizen suit;

(iii) The filing of a civil or criminal complaint or administrative action by a government entity or a third-party;

(iv) The reporting of the violation to the department (or other government entity) by a third-party;

(v) The reporting of the violation to the department by an independent source, provided that the date of discovery is documented in the official report of the department.

History of Section. (P.L. 1997, ch. 196, § 1.)