Laserfiche WebLink
1 <br /> EXHIBIT D <br /> 2 <br /> Kmart Supplemental Environmental Projects <br /> 3 <br /> In order to satisfy the requirements of paragraph 3.2.b of the Final Judgment, Kmart will implement <br /> 4 the following Supplemental Environmental Projects ("Kmart SEPs"),or some combination thereof, <br /> within five years following entry of the Final Judgment. Upon request by the People,Kmart shall <br /> 5 provide documentation substantiating expenditures made by it or on its behalf(including vendor <br /> subscription costs)up to a total of$2,500,000(two million five hundred thousand dollars). Once <br /> 6 Kmart has spent a total of$2,500,000 for Kmart SEPs, it shall have no further obligations with <br /> .respect to the Kmart SEPs. <br /> 7 <br /> Enhanced Hazard Data Storage and Retrieval System <br /> 8 <br /> Acquisition,design and implementation of a new MSDS storage and retrieval solution that will result <br /> 9 in better compliance with both Federal and California laws and regulations primarily related to: <br /> hazardous material spill handling, hazardous waste storage and hazardous waste disposal. A primary <br /> 10 purpose of this program is to ensure complete,accurate material safety data sheets are available for <br /> all hazardous products, and that this information is available to employees who must make decisions <br /> 11 about classification of waste for disposal. Each material safety data sheet shall contain at least the <br /> following information: physical and chemical properties of the hazardous substance(such as vapor <br /> 12 pressure, flash point);the physical hazards of the hazardous substance, including the potential for <br /> fire, explosion,and reactivity; and any generally applicable precautions for safe handling and use <br /> 13 which are known to the manufacturer, importer, or employer preparing the material safety data sheet, <br /> including the appropriate hygienic practices,protective measures during repair and maintenance of <br /> 14 contaminated equipment,and procedures for cleanup of spills and leaks. Each material safety data <br /> sheet should,whenever possible,contain information related to the possible incompatible storage of <br /> 15 wastes. Kmart shall be entitled to reasonably rely upon such enhanced information when making <br /> decisions regarding the treatment, storage, transportation and disposal of products and wastes. The <br /> 16 project costs include software implementation, monthly hosting fees (projected 5 years) and vendor <br /> costs. <br /> 17 <br /> 18 Kmart Green Website <br /> 19 Design and implementation of Kmart Green Website where consumers can learn about the <br /> environmental consequences of their product choices,how to manage and dispose of hazardous <br /> 20 products, and available green products or products that promote a green lifestyle. Includes content <br /> development, licensing of interactive web based teaching tools for consumers and systematic green <br /> 21 product identification. <br /> 22 Tote Upgrade <br /> 23 Replace short-term storage containers with special totes (completed). <br /> 24 Dedicated Field Manager. <br /> 25 Hire and train dedicated field manager with knowledge and understanding of specific California legal <br /> requirements applicable to hazardous waste management to provide training,guidance and <br /> 26 compliance assessment to Kmart's California stores (completed). <br /> 27 <br /> 28 <br /> Sf-2679421 <br /> Exhibit D—To Permanent Injunction and Final Judgment in People v.KMART Corporation <br />