The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer.
Environmental Audit Privilege and Immunity
Submission of all forms should be routed to our new email address, EGLE-NREPA-Part148@Michigan.gov
Environmental audits are voluntary, internal evaluations of a facility regulated by environmental laws aiming to:
-identify past or current noncompliance
-prevent noncompliance or improve compliance
-identify an existing or potential hazard, contamination, or adverse environmental condition
-improve an environmental management system or process
Environmental audit reports are resulting documents, which include all relevant information about the audit. Information must be included in the audit report to be eligible for confidentiality and immunity. The audit report may also include an implementation plan that corrects past noncompliance, improves existing compliance management systems, or prevents future noncompliance.
Part 148 contains two major provisions:
-Establishes limited privilege status for an environmental audit. This means that certain information contained in the environmental audit report can be held confidential (privileged) and is not accessible to a state or local government agency or the public.
-Provides immunity from state administrative or civil fines and penalties and certain criminal penalties and fines for negligent acts or omissions (except in the case of gross negligence) for violations that are discovered through an environmental audit, provided they are voluntarily and promptly corrected and disclosed to the appropriate agencies.
Not all types of information can be considered privileged. For more information on what cannot be considered privileged, please refer to Part 148 of NREPA. To make a voluntary disclosure, use the "Voluntary Disclosure" form below.
Environmental Audit Privilege & Immunity Update with 1997 Amendments - Fact Sheet
All forms should be submitted to EGLE-NREPA-Part148@Michigan.gov
Laws and Rules