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     1-40-36.   Use of environmental audit as defense. An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:
             (1)      Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;
             (2)      Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;
             (3)      Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-40-33 to 1-40-37, inclusive; or
             (4)      Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.

Source: SL 1996, ch 18, § 4.

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