Governing Law and Regulations
Environmental Audit Privilege and Limited Immunity: General Statutes of North Carolina (N.C. Gen. Stat.) 8-58.50 to 8-58.63
North Carolina Department of Environmental Quality (DEQ)
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. North Carolina has an environmental audit and immunity statute that is designed to enhance protection of human health and the environment by encouraging regulated entities to voluntarily discover, promptly disclose, and quickly correct violations of environmental requirements. The immunity clause is modeled after the policy of the U.S. Environmental Protection Agency (EPA) but is more stringent than the federal policy.
• Administration and enforcement. Each division of the North Carolina Department of Environmental Quality (DEQ) is responsible for administering and enforcing the penalty policy. See the national section AUDITS for a discussion of EPA's audit policy.
State Audit Policies
AUDIT PRIVILEGE AND LIMITED IMMUNITY
What is an 'environmental audit'?
N.C. Gen. Stat. 8-58.51
An "environmental audit" is a voluntary, internal evaluation or review of one or more facilities or activities regulated under federal, state, regional, or local environmental law or of compliance programs or management systems if designed to identify and prevent noncompliance and to improve compliance with these laws. It must have a specified beginning date and scheduled ending date reflecting the auditor's bona fide intended completion schedule.
An environmental audit under the audit privilege and limited immunity statute does not include an environmental site assessment of a facility conducted solely in anticipation ...