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TC Systems, Inc. South Carolina - AT&T Clec Online

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Version 2Q03: 07/21/03-<strong>TC</strong> SYSTEMS AL<br />

ENVIRONMENTAL AND SAFETY<br />

PRINCIPLES<br />

The following principles provide basic guidance on environmental and safety issues when applying for and<br />

establishing Physical Collocation arrangements.<br />

1. GENERAL PRINCIPLES<br />

Exhibit A<br />

42<br />

1.1 Compliance with Applicable Law. Bell<strong>South</strong> and <strong>TC</strong> SYSTEMS agree to comply with applicable<br />

federal, state, and local environmental and safety laws and regulations including U.S. Environmental<br />

Protection Agency (USEPA) regulations issued under the Clean Air Act (CAA), Clean Water Act<br />

(CWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental<br />

Response, Compensation and Liability Act (CERCLA), Superfund Amendments and Reauthorization<br />

Act (SARA), the Toxic Substances Control Act (TSCA), and OSHA regulations issued under the<br />

Occupational Safety and Health Act of 1970, as amended and NFPA and National Electrical Codes<br />

(NEC) and the NESC (Applicable Laws). Each Party shall notify the other if compliance inspections<br />

are conducted by regulatory agencies and/or citations are issued that relate to any aspect of this<br />

Attachment.<br />

1.2 Notice. Bell<strong>South</strong> and <strong>TC</strong> SYSTEMS shall provide notice to the other, including Material Safety<br />

Data Sheets (MSDSs), of known and recognized physical hazards or Hazardous Chemicals existing<br />

on site or brought on site. A Hazardous Chemical inventory list is posted on an OSHA Poster and<br />

updated annually at each Central Office. This Poster is normally located near the front entrance of the<br />

building or in the lounge area. Each Party is required to provide specific notice for known potential<br />

Imminent Danger conditions. <strong>TC</strong> SYSTEMS should contact 1-800-743-6737 for any Bell<strong>South</strong><br />

MSDS required.<br />

1.3 Practices/Procedures. Bell<strong>South</strong> may make available additional environmental control procedures for<br />

<strong>TC</strong> SYSTEMS to follow when working at a Bell<strong>South</strong> Premises (See Section 2, below). These<br />

practices/procedures will represent the regular work practices required to be followed by the<br />

employees and suppliers of Bell<strong>South</strong> for environmental protection. <strong>TC</strong> SYSTEMS will require its<br />

suppliers, agents and others accessing the Bell<strong>South</strong> Premises to comply with these practices.<br />

Section 2 lists the Environmental categories where BST practices should be followed by <strong>TC</strong><br />

SYSTEMS when operating in the Bell<strong>South</strong> Premises.<br />

1.4 Environmental and Safety Inspections. Bell<strong>South</strong> reserves the right to inspect the <strong>TC</strong> SYSTEMS<br />

space with proper notification. Bell<strong>South</strong> reserves the right to stop any <strong>TC</strong> SYSTEMS work<br />

operation that imposes Imminent Danger to the environment, employees or other persons in the area<br />

on Bell<strong>South</strong>’s Premises.<br />

1.5 Hazardous Materials Brought On Site. Any hazardous materials brought into, used, stored or<br />

abandoned at the Bell<strong>South</strong> Premises by <strong>TC</strong> SYSTEMS are owned by <strong>TC</strong> SYSTEMS. <strong>TC</strong><br />

SYSTEMS will indemnify Bell<strong>South</strong> for claims, lawsuits or damages to persons or property caused<br />

by these materials. Without prior written Bell<strong>South</strong> approval, no substantial new safety or<br />

environmental hazards can be created by <strong>TC</strong> SYSTEMS or different hazardous materials used by <strong>TC</strong><br />

SYSTEMS at a Bell<strong>South</strong> Premises. <strong>TC</strong> SYSTEMS must demonstrate adequate emergency response<br />

CCCS 268 of 433

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