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I Bernardino County;Lodi, San Joaquin County; and Ripon, San Joaquin County <br /> 2 "Certified Unified Program Agency"or"CUPA" is an agency certified by the California <br /> 3 Environmental Protection Agency pursuant to the requirements of Chapter 6.11 of the Health <br /> 4 and Safety Code and California Code of Regulations,title 27 to implement certain State <br /> 5 environmental programs within the local agency's jurisdiction. As used in this Consent <br /> 6 Judgment,"CUPA"includes any local agency that has been designated by the CUPA to <br /> 7 administer the Underground Storage Tank environmental program. <br /> 8 "Promptly"means as soon as reasonably practicable. <br /> 9 2. JURISDICTION <br /> 10 The Parties agree that the Superior Court of California,County of San Joaquin,has <br /> 11 subject matter jurisdiction over the matters alleged in this action and personal jurisdiction over <br /> 12 the Parties to this Consent Judgment. <br /> 13 <br /> 3. PAYMENTS FOR PENALTIES.ENVIRONMENTAL PROTECTION <br /> r 14 ENFORCEMENT AND OTHER PROJECTS <br /> l <br /> 15 Flying J shall be liable for a total of$5,450,000,allocated as set forth in Paragraphs 3-1 <br /> 16 through 3.4,below On entry of this Consent Judgment,Flying J shall deliver all required <br /> 17' payments to the District Attorney's Office for the County of San Joaquin,attention David Irey, <br /> 18 Supervising Deputy District Attorney, for distribution pursuant to the terms of this Consent <br /> 19 Judgment. <br /> 20 3-1- Initial Penally Payment <br /> 21 Within twenty(20)days of entry of the Consent Judgment,Flying J shall pay$3,200,000 <br /> 22 as an Initial Penalty Payment. <br /> 23 3.1.a. Flying J shall pay$2,390,000 of the Initial Penalty Payment as civil <br /> 24 penalties to the prosecuting agencies identified,and in accordance with the terms,in Exhibit A, <br /> 25 incorporated by reference. <br /> 26 3_l.b. Consistent with the requirements of Health and Safety Code section <br /> 27 25299(h),Flying J shall pay$810,000 of the Initial Penalty Payment to the Certified Unified <br /> 28 Program Agencies identified,and in accordance with the terms,in Exhibit B,incorporated by <br /> CONSENT JUDGMENT <br /> 3 <br />