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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 /> 10 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 /> 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 3 <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 /> 14 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 /> 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 /> 3 <br /> 18 Kmart Green Website <br /> f <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 /> 3 <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). 3 <br /> 27 <br /> 28 <br /> Sf-2679421 <br /> Exhibit D—To Permanent Injunction and Final Judgment in People v.KMART Corporation <br />