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I where Flying J has completed the testing set forth in this Paragraph,but the CUPA rejects the 2 testing certification or deems the testing to show a failure,Flying J shall work in good faith 3 promptly to resolve any dispute with the CUPA. 4 4.3.b. Within ten(10)business days of entry of this Consent Judgment,Flying J 5 shall ensure that the testing described in Paragraph 4.3.a.has occurred within the required time 6 periods and shall file and serve,and submit to each relevant CUPA,a status report identifying(a) 7 the type and location of the UST component,(b)when the required testing was last completed; 8 and(c)the results of that testing. Flying J may provide the information required by this 9 Paragraph,in whole or in part,by submission of Designated Operator reports. 10 4.3.c. Where the UST system testing or certification set forth in Paragraph 4.3.a. 11 indicates a failure,and where Flying J reasonably determines that a release to the environment is 12 not possible,Flying J may allow continued operation of the UST system for a reasonable time 13 until the repairs are made,where not otherwise prohibited by applicable law A reasonable time n 14 within which to repair a secondary contaiment system is thirty(30)to one hundred twenty 15 (120)days,depending on the type and the extent of the system failure, the repairs needed and the 16 time needed by the.CUPA to review any necessary repair permit applications. Nothing in this 17 Paragraph exempts Flying J from complying with any and all regulations and any applicable 18 local ordinances and applicable requirements of the permit for the operation of the UST system, 19 although delay in the issuance of a required permit may constitute a Force Majeure,as defined in 20 Paragraph 5.1,provided that the delay is not attributable to Flying J 21 4.3.d. Where the UST system testing or certification set forth in Paragraph 4.3.a. 22 indicates a failure,and where the failure indicates to a reasonable operator that there is potential 23 for a release to the environment,Flying J shall take all appropriate action to prevent a release, 24 including,but not limited to,shutting down the effected portion of the UST system. Failure to 25 comply with this Paragraph constitutes a Suspended Penalty Action. 26 4.3.e. Flying J shall use its best efforts to ensure all required tags and stickers 27 showing completion of the testing described in Paragraph 4.3.a. are affixed to the required UST 28 components. CONSENT JUDGMENT 8