HB 1147 -- Disclosure of Environmental Audits

Sponsor:  Bivins

This bill provides immunity from both civil and criminal actions
to certain companies subject to environmental regulation.
Companies that comply with the audit requirements are generally
exempted from criminal liability, unless there is some
intentional scheme to violate environmental regulations.
Prosecutors are not allowed to make use of the audit reports for
either civil or criminal purposes.  Economic damages for
noncompliance discovered through methods that meet the audit
requirements are generally limited to the benefits gained by the
company because of its noncompliance.

In order to comply with the audit requirements, a company must:

(1)  Discover its noncompliance through voluntary internal
procedures or audits;

(2)  Disclose its noncompliance to the Department of Natural
Resources within 21 days;

(3)  Make the disclosure prior to several types of legal actions
and regulatory investigations;

(4)  Correct the noncompliance within 60 days or as determined by
the department;

(5)  Take steps to prevent future noncompliance;

(6)  Show that the specific noncompliance was not part of a
pattern and did not occur in the previous three years;

(7)  Show that the noncompliance did not cause serious actual
harm or violate any administrative order or consent agreement;
and

(8)  Provide certain required information to the department.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am