Governing Law and Regulations
Environmental self-evaluation reports: Mississippi Code Annotated (MS Code Ann.) 49-2-71
Schedule of compliance: MS Code Ann. 49-2-71(1)(b)(iii)
Exceptions: MS Code Ann. 49-2-71(2)
Limited access: MS Code Ann. 49-2-71(3)
Burden of proof: MS Code Ann. 49-2-71(5)
Exemption from Mississippi Public Records Act: MS Code Ann. 49-2-71(6)
Mississippi Department of Environmental Quality (DEQ)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Mississippi protects environmental audit information as nonadmissible evidence in a civil, criminal, or administrative action, including enforcement actions under state law.
• Administration and enforcement. DEQ administers and enforces Mississippi's audit privilege rules.
MS Code Ann. 49-2-71(1)
An environmental self-evaluation report is privileged and is not admissible in any legal or investigative action in any civil, criminal, or administrative proceeding, and is not subject to any discovery unless:
- The person for whom the report was prepared expressly waives the privilege.
- The court or hearing officer determines that the environmental self-evaluation report shows evidence that the person for whom the report was prepared was or is not in compliance with an environmental law, and appropriate efforts were not initiated to achieve compliance promptly after the noncompliance with the environmental law was discovered.
- The court or hearing officer determines that the privilege is being asserted for a fraudulent purpose or that the environmental self-evaluation report was prepared to ...