File: EBBG

ENVIRONMENTAL COMPLIANCE POLICY

It is the policy of the Board to be an active leader and model for environmental compliance. The Board recognizes its responsibility to provide an environment which is reasonably secure from known hazards. There are many areas of school operations, from science laboratories and art departments to custodial services, construction, and vehicle maintenance, which use a variety of materials that may be hazardous. Hazardous materials include any material or mixture of materials that poses a fire, explosive, reactive or health hazard as more fully defined by local, state, and federal laws and regulations. It is the policy of the Board that all facilities will comply in all respects with all applicable laws and regulations.

The goal of this policy is to maintain compliance with the Hazardous Waste Regulations by creating procedures which address the purchase, storage, handling, transportation and disposal of hazardous materials for all school facilities and operations, including instructional areas. These procedures establish an ongoing process by which each facility in the district may begin a program for determining and managing potentially hazardous materials. The Board encourages all facilities to minimize the quantities of hazardous materials on school property and to substitute less dangerous materials for hazardous materials. Emergency response actions and evacuation plans also shall be coordinated with these procedures.

Pursuant to this policy, a Central Compliance Officer (CCO), as well as a Local Compliance Officer (LCO) within each facility who will report to the CCO, will be designated to assist with and address issues relating to this compliance policy. The CCO shall ensure that hazardous or potentially hazardous materials are inventoried, used, stored, and regularly disposed of in a safe and legal manner. The CCO's activities shall be supported as necessary by legal counsel. This method will help to ensure that an effective, uniform, and manageable compliance program is established.

Each facility is responsible for ensuring compliance with this policy. Violation of this policy may be grounds for disciplinary action, including termination. Any questions concerning this policy, as well as violations or potential violations of this policy, should be referred promptly to the CCO, who may in turn consult with legal counsel regarding the same. The CCO will report on the anniversary of the adoption of this policy to the Board through the Superintendent concerning compliance matters relating to this policy. The Board, however, may request such a report at any time.

This policy is not intended to serve as a comprehensive statement of all laws and regulations. It is the responsibility of each facility to consult with the CCO and for the CCO to consult with legal counsel to ensure compliance with applicable laws and regulations. The Board's potential liability exposure is not expanded or modified through the adoption of this policy. The Board's voluntary compliance with any statute or regulation to which it is not otherwise subject shall not be construed to create or assume any potential liability under any local, state or federal law or regulation.

This policy may be amended as necessary to ensure continued compliance with all changes in applicable Federal, state or local environmental laws.

A. PROCEDURES

1.  LCO's shall approve of the purchase and use of potentially hazardous materials and have a plan in place for containment and disposal of such materials. Approval for purchase of such materials shall consider appropriate amounts, the least toxic alternatives, shelf life, use of consumer products and use of hazardous materials.

2.  Except for consumer products, pesticides, and food, drug and additive products, which are already labeled in compliance with federal law, no container of hazardous material shall be accepted by schools or the district unless labeled by the supplier with the following information:
a. Identity of the hazardous material(s);
b. Hazard warning statements; and
c. Name, address and contact information of the manufacturer, distributor or importer.

Whenever hazardous materials are transferred from their original containers to other containers, the secondary containers shall likewise be labeled with the identity and the proper hazard warning statement.

Upon receiving a hazardous material or mixture, each LCO shall ensure that the manufacturer has also furnished a Material Safety Data Sheet (MSDS). If the MSDS is missing or incomplete, the LCO shall request a new MSDS from the manufacturer and shall immediately notify the CCO if a complete MSDS is not received. LCO's shall maintain copies of the MSDS's for all hazardous materials and ensure that they are kept up to date and available upon request to interested parties. Copies of all MSDS's shall be forwarded to the CCO.

3.  Each LCO shall ensure that employees at the facility are fully informed about the properties and potential hazards of materials to which they may be exposed and that material safety data sheets are readily accessible to them. All employees shall follow recommended procedures in handling materials as explained on the MSDS. Teachers shall instruct students about the importance of proper handling, storage, disposal and protection when using any potentially hazardous material.

4.  When it is determined by the LCO that hazardous waste material is or will be produced in a class, or otherwise is or will be generated by or located at the facility, the LCO shall immediately notify the CCO. The LCO, with full cooperation and approval of the CCO, shall immediately develop a plan for the proper containment and disposal of waste if such plan already has not been developed.

5.  LCO's shall supervise the proper determination, containment and disposal of hazardous waste. In this regard, each LCO shall ensure that a hazardous waste determination is performed on a regular basis on all solid waste generated at the facility pursuant to the applicable sections of Title 33 of the Louisiana Administrative Code. Upon determination and containment, each facility, with full cooperation and approval of the CCO, shall ship hazardous waste only to approved hazardous waste management facilities. All hazardous waste determination, containment, and disposal activities shall be arranged through an outside contractor specifically designated by the Board and licensed by the proper Federal or state agency. Annual reports on the disposal of hazardous waste shall be made to the Superintendent through the CCO, and to the Board through the Superintendent.

6. To ensure that outside contractors and their employees comply with this policy, each LCO is responsible for providing these contractors with a copy of the policy. It shall be the contractor's responsibility to disseminate this information to his/her employees and subcontractors. The outside contractor shall sign a confidentiality agreement for non-disclosure of this policy, through its employees or otherwise, to any third party without prior written approval by the CCO. If contractors and/or subcontractors do not assume responsibility, pursuant to a written agreement, for the containment and disposal of hazardous waste, the LCO, with full cooperation and approval of the CCO, shall take all necessary steps to contain and dispose of waste properly.

7. To ensure compliance with this policy, the CCO shall perform an annual audit at each facility. The CCO, with the advice and assistance of legal counsel, shall evaluate, through the audit, each facility's compliance with applicable laws and regulations and with the procedures set forth in this policy. The CCO is delegated the authority and is encouraged to audit each facility on a quarterly basis or at any other time as necessary. All violations or potential violations of this policy shall be reported directly to the Board and to legal counsel for review and analysis.

8. To help ensure compliance with this policy and all applicable Federal, state and local environmental laws, the CCO, when conducting self-audits, shall review, in cooperation with legal counsel, all hazardous waste determinations, and approve of all final contracts for the determination and disposal of hazardous waste at each facility, including the contractor's adherence to proper manifesting/record keeping requirements.

 9.  To ensure compliance with all applicable Federal, state and local environmental laws, the CCO shall consult with legal counsel annually, or as is warranted, concerning changes in all applicable environmental laws that affect this policy or the operations of the School Board and each facility.

10.  The CCO shall distribute to each LCO an environmental compliance handbook, which handbook shall include a summary of Louisiana Solid Waste Disposal Act and Hazardous Waste Disposal Act as applicable to the facilities, actions for compliance, contact names and numbers for Federal, state and local officials, and a plan of action for disposal of all hazardous waste by LPSS facilities. The CCO shall develop the handbook in cooperation with legal counsel, and the same shall be reviewed and updated on an annual basis to reflect necessary changes in practice or procedure. The handbook shall serve to implement this policy and the procedures contained herein.

11.  The CCO shall be responsible for maintaining in a central location all records and manifests as well as plans of action for containment and disposal of hazardous waste or materials relating to each facility. The LCO of each facility shall maintain the same.

Adopted:    4/2/03