MEMORANDUM OF UNDERSTANDING

FOR THE

OHIO HEALTHY HOSPITAL

POLLUTION PREVENTION INITIATIVE

1.0 INTRODUCTION. This Memorandum of Understanding ("MOU") is made between the Ohio Environmental Protection Agency ("Ohio EPA"), Office of Pollution Prevention and other Ohio EPA Programs, and the Ohio Hospital Association ("OHA"). Throughout this MOU, any reference to "Ohio EPA" shall include the Office of Pollution Prevention and any reference to "OHA" shall refer to the Ohio Hospital Association and its Personal Membership Groups. Ohio EPA and OHA are referred to herein as "the Parties" to this MOU. This MOU creates no contractual obligations between the Parties.

2.0 BACKGROUND. The Office of Pollution Prevention was created on July 1, 1993, and is responsible for coordinating pollution prevention activities for Ohio EPA. OPP consists of a Pollution Prevention Technical Assistance Unit, which is responsible for integrating pollution prevention into all Ohio EPA programs and providing technical assistance, and a Program Management and Evaluation Unit, which is responsible for coordinating voluntary programs and data management. OPP activities emphasize source reduction, and as a second preference, environmentally sound recycling.

2.1 The Parties intend by this MOU to establish a mutual beneficial public/private partnership.

2.2 This MOU will address the basic relationship, roles and responsibilities of the Parties but leaves for later agreement the more precise terms that will constitute the substance of the partnership.

3.0 PURPOSE. The OHA consists primarily of health care provider organizations across the state of Ohio. The Parties enter into this MOU for the primary purpose of transferring to OHA institutional members, PMG personal members and other health care professionals, technical information on pollution prevention ("P2") opportunities that exist with, respect to waste generated by the health care industry. The Parties believe that this information transfer will provide the health care industry with enhanced tools for minimizing the production of persistent, bioaccumulative and toxic ("PBT") pollutants and reducing the volumes of waste generated. Such reductions are beneficial to the environment and will reduce the waste disposal costs incurred by the health care industry. The Parties to this MOU hereby affirm the goal of reducing the generation of pollution at its source, preferentially to the recycling, treatment and/or disposal of such waste.

4.0 ROLES AND RESPONSIBILITIES OF THE PARTIES. The Parties intend to undertake the following activities pursuant to this MOU:

1. Virtual Elimination of Mercury Waste. The Parties intend to work together to develop a Mercury Waste Virtual Elimination Plan that will set forth a strategy for achieving the national goal of virtually eliminating mercury-containing waste from the health care industry waste stream.

2. Total Waste Volume Reduction. The Parties intend to work together to develop a Model Waste Volume Reduction Plan that will assist in reducing the total volume of all wastes (including both regulated and non-regulated waste) generated by the health care industry.

3. Education. The Parties intend to co-sponsor Health Care Industry Waste Management Seminar(s) ("Seminar(s)") to be held at various locations within Ohio. The Seminar(s) will be the primary vehicle by which technical information on P2 opportunities will be transferred to the health care professionals, and will focus upon transferring technical Information related to decreasing health care industry waste volume, minimizing the production of PBT pollutants, improving waste stream segregation, reducing waste management costs and ensuring regulatory compliance for regulated waste streams.

4. Software Distribution. In order to facilitate the successful completion of the Seminars and the virtual elimination of mercury-containing waste, Ohio EPA intends to provide for distribution at the various seminars copies of the software program entitled "Mercury In Medical Facilities" that has been developed by Purdue University with assistance from the U.S. EPA Region 5 Software Development Unit.

5. Industry P2 Information. The American Hospital Association (AHA) intends to develop baseline information on the P2 activities of the health care industry and to monitor P2 progress over time. To obtain this information, AHA will develop, with review and comment by U.S. EPA, an information questionnaire to be distributed to health care professionals by AHA at various times in the future. The first distribution will be used to determine the baseline P2 information and subsequent distributions will be used to monitor industry P2 progress. AHA will gather all responses to the questionnaires. The Ohio EPA and OHA will use this information to determine, in part, progress in Ohio. Other information may be collected by the Parties to this agreement to determine progress in Ohio.

6. Review of Industry P2 Information. Throughout the duration of this MOU, the Parties intend to work together to review and compile the information obtained from the national baseline and progress questionnaires. From this information, the Parties will be able to disseminate more effectively P2 information and to monitor the success of the Mercury Waste Virtual Elimination Plan (Item #1) and the Model Waste Volume Reduction Plan (Item #2).

7. Chemical Waste Minimization. The Parties intend to work together to develop, for various kinds of chemical waste, a Model Chemical Waste Minimization Plan ("Model Plan"). The first Model Plan will pertain to mercury-containing waste ("Model Plan For Mercury") OHA Intends to disseminate each Model Plan to as wide an audience in the health care industry as is reasonably possible. Both OHA and the Ohio EPA intend to make each Model Plan available to the public on their respective Internet home pages.

8. Awards/Recognition. The Parties intend to work together to determine statewide "success stories" of the implementation of P2 activities toward health care industry waste generation, successful P2 activities shall be recognized by awards or other recognition by Ohio EPA, OHA and/or the Parties acting jointly.

4.1 The Parties understand that other organizations and/or coalitions who promote environmentally responsible practices have a vested interest in the goals described in this MOU. Furthermore the Parties recognize that these stakeholders play an important role in the partnership to advance P2 in the health care industry. In recognition of this fact, the Parties will allow for the participation of stakeholders.

5.0 FUNDING. The Parties shall attempt to secure reasonable funding to allow for the successful completion of the activities described herein. Both Parties, however, expressly acknowledge that the activities under this MOU shall be subject to the availability of appropriated funds and personnel of each Party, or the approval of other sources of funding.

6.0 AGREEMENTS. In order to foster the successful completion of this MOU, the Parties agree to the following terms and conditions:

1. Each Party pledges in good faith to go forward with this MOU and to further the goals and purposes of this MOU, subject to the terms and conditions of this MOU. The Parties shall attempt to resolve disputes through good faith discussions.

2. Either Party may unilaterally withdraw at any time from this MOU by transmitting a signed writing to that effect to the other Party. This MOU and the public/private partnership created thereby shall be considered terminated sixty (60) days from the date the non-withdrawing Party actually receives the notice of withdrawal from the withdrawing Party.

3. By mutual agreement, which may be either formal or informal, the Parties may modify the list of intended activities set forth in Paragraph 4.0 above and/or determine the practical manner by which these goals, purposes and activities of this MOU will be accomplished. However, any modification to any other written part of this MOU must be made in writing and signed by both Parties or their designees.

4. Nothing in this MOU shall be construed to authorize or permit any violation of any Federal, State or local law, including, but not limited to, any environmental law administered and/or enforced by Ohio EPA, by any person, including, but not limited to, any health care provider organization.

5. OHA agrees that it does not expect, nor will it ever seek to compel from Ohio EPA in any judicial forum, payment of money, services or other thing of value from Ohio EPA based upon the terms of this MOU. The foregoing provision does not in any way affect any legal rights accruing to OHA by virtue of any other law, contract and/or assistance agreement.

6. OHA understands and acknowledges that, as an institution of Government, Ohio EPA has a duty to refrain from providing any commercial entity an exclusive privilege without receiving payment therefor and, as a consequence, that Ohio EPA's relationship with OHA in no way effects, alters or otherwise constrains Ohio EPA's right to provide similar (or identical) services to, or establish similar (or identical) relationships with, any other entity.

7. OHA understands that Ohio EPA's participation in this MOU does not constitute an endorsement, express or implied of: a) any policy advocated by OHA or any stakeholder; or b) any good or service offered or sold by OHA or any stakeholder.

8. Insofar as Ohio EPA's participation, in this MOU consists of rendering technical assistance to accomplish the goals of the MOU, Ohio EPA expressly reserves the right to abstain from expressing a position, either formal or informal, on any matter of law, policy or science related in any way to the subject matter of this MOU, including, but not limited to, any matter of law, policy or science related to any PBT pollutant. Nothing in this MOU shall constitute any commitment by Ohio EPA to investigate or re-investigate any position, either formal or informal on any matter of law, policy or science.

9. OHA shall maintain full right, title and interest in any intellectual property right, including a copyright, in any work product developed solely by OHA under this MOU. Intellectual property developed by OHA with financial assistance from Ohio EPA shall be subject to the conditions set forth in Ohio EPA's applicable assistance regulations.

7.0 RESPONSIBILITIES OF THE PARTIES. In addition to those roles expressly stated in the body of the MOU, this list below sets forth the respective responsibilities of the Parties as they relate to fulfilling the goals of the MOU.

List of Responsibilities:

Ohio Hospital Association:

• •Information sharing of what OHA has done in the past related to environmental issues (Green Lights, survey on infectious waste volume, recycling information for hospitals, other)
• •Obtain a list of environmental contact names at Ohio Hospitals and provide them to OPP
• •Assist in creating a steering committee of local hospital personnel for the Ohio Hospital Project
• •Assistance in promotion for the agreement (joint press release, kick off event possibly National P2 Week September 20-26, 1999)
• •Mailings (e.g., newsletters, fax)
• •CEO (OHA Board) participation
• •Hosting a forum, giving presentations (April 2000 Statewide OHA conference, Environmental Committee meetings)
• •Providing information to and otherwise working with the Ohio Hospital Project contractor selected by Ohio EPA
• •Work with OPP on to be determined related efforts, as mutually agreed to by both parties

Ohio EPA, Office of Pollution Prevention:

• •Manage the contract for the consultant hired to assist Ohio EPA
• •Contact other Ohio EPA divisions and get participation as appropriate
• •Work with U.S. EPA to complete Ohio activity related to the national partnership
• •Assistance in promotion (newsletters, announcements, web site, director's awards, kick off event possibly held during National P2 Week September 20-26, 1999)
• •Work with the director's and governor's offices
• •Work with steering committee appointed by OHA
• •Commit to involve other divisions of the Ohio EPA in the outreach effort

8.0 PRIMARY CONTACTS. The Parties intend that the work under this MOU shall be carried out in the most efficient manner possible. To that end, the Parties intend to designate individuals that will serve as primary contacts between the Parties. The Parties intend that, to the maximum extent possible and unless otherwise approved by the other Party, all significant communications between the Parties shall be made through the primary contacts. The designated primary contacts for the Parties are listed in Attachment 1 to this MOU.

9.0 TERMINATION. This MOU terminates upon written agreement of the Parties.

The Parties, on this ______ day of ______________, 1999, hereby agree to the foregoing MOU, which shall be effective immediately upon full execution by the signatories listed below.

For the Ohio Environmental Protection Agency:

________________________________

Christopher Jones

Director

________________________________

Date

For the Ohio Hospital Association:

________________________________

James R. Castle

President and CEO

________________________________

Date

ATTACHMENT 1: LIST OF DESIGNATED PRIMARY CONTACTS

For the OHA:

Rick Sites

For the Ohio EPA:

Ellen Miller

Anthony Sasson

Michael Kelley