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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />EXHIBIT D <br />Kmart Supplemental Environmental Projects <br />In order to satisfy the requirements of paragraph 3.2.b of the Final Judgment, Kmart will implement <br />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 />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 />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 />Enhanced Hazard Data Storage and Retrieval System <br />Acquisition, design and implementation of a new MSDS storage and retrieval solution that will result <br />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 />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 />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 />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 />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 />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 />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 />project costs include software implementation, monthly hosting fees (projected 5 years) and vendor <br />costs. <br />Kmart Green Website <br />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 />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 />product identification. <br />Tote Upgrade <br />Replace short-term storage. containers with special totes (completed). <br />Dedicated Field Manager. <br />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 />compliance assessment to Kmart's California stores (completed). <br />Sf-2679421 <br />Exhibit D — To Permanent injunction and Final Judgment in People v. KMART Corporation <br />