Hazardous Material: EBAB

The Superintendent recognizes its responsibility for providing an environment which is reasonably secure from known hazards. There are many areas of the school operation, from science laboratories and art departments to custodial services and vehicle maintenance, which use a variety of materials that are hazardous.

Hazardous materials include any substance or mixture of substances that poses a fire, explosive, reactive or health hazard as more fully defined by law.

The Superintendent, through the designee, shall cause to be created procedures which address the purchase, storage, handling, transportation and disposal of hazardous materials for all school facilities and operations including instructional areas that shall comply with all local, state and federal laws and regulations.

It is not the intent of the Superintendent to expand or modify the district's potential liability exposure through the adoption of this policy. The district'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.

Adopted
June 13, 1989
Revised February 10, 2014

LEGAL REFS.: 
42 U.S.C. 6901 (1982 & Supp. III 1985) (Resource Conservation and Recovery Act [RCRA] and accompanying regulations
42 U.S.C. 960l (1982 & Supp. IV 1986) (Comprehensive Environmental Response Compensation and Liability Act [CERCLA] and accompanying regulations
49 U.S.C. 1801 (Hazardous Materials Transportation Act)
C.R.S. 13-21-108.5 (persons rendering assistance relating to discharge of hazardous materials immune from civil liability)
C.R.S. 24-10-106.5 (duty of care in Colorado Governmental Immunity Act)
C.R.S. 25-15-101 et seq. (State Hazardous Waste Management Program) 
C.R.S. 29-22-101 et seq. (Hazardous Substance Incidents)
C.R.S. 40-2.1-101 et seq. (Transportation of Hazardous Materials Act)
C.R.S. 42-4-228 (vehicles transporting explosive or hazardous materials)
C.R.S. 42-4-234 (3)
C.R.S. 43-6-101 et seq. (Hazardous Materials Transportation Act of 1987)
1 CCR 301-1, Rules 2202-R-3.16 (2) (accreditation rule)
6 CCR 1007-3, Part 261  (identification and listing of hazardous waste)
8 CCR 1507-1 (operation of commercial vehicles and transportation of hazardous materials)

CROSS REFS.:
DJE, Purchasing Procedures
EBCA, Emergency Plans, and subcodes