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0 0 <br /> 1 4.31 Flying J shall submit a complete copy of the test report for secondary <br /> 2 containment system testing to the CUPA within the time required by California Code of <br /> 3 Regulations,title 23,section 2637(e). <br /> 4 4.4. Designated UST Operator <br /> 5 4.4.a. Flying J shall have at all times a qualified designated UST operator for <br /> 6 every California Facility as required by California Code of Regulations,title 23, section 2715(b) <br /> 7 and shall identify the designated UST operator to the CUPA as required by California Code of <br /> 8 Regulations, title 23,section 2715(a). Any lapse in the designation,and any failure timely to <br /> 9 notify the CUPA of the identity of the designated UST operator,constitutes a Suspended <br /> 10 Penalty Action. <br /> 11 4.4.b. Flying J shall ensure that a qualified designated UST operator performs a <br /> 12 visual inspection of every UST system every month as required by California Code of <br /> 13 Regulations,title 23,section 2715(c)and conducts the training required by California Code of <br /> 14 Regulations,title 23,section 2715(f). <br /> 15 4.4.c. Flying J shall ensure that the designated UST operator has access to all <br /> 16 materials(including,but not limited to,alarm history reports and logs),all areas of the facility <br /> 17 and all employees necessary for the designated UST operator to complete the tasks required by <br /> 18 .California Code of Regulations,title 23,section 2715. <br /> 19 4.4.d. Flying J shall address any maintenance,repair or testing issues identified <br /> 20 by the designated UST operator during the monthly inspection as required by law. <br /> 21 4.5. Permits.Authorizations and Approvals <br /> 22 4.5.a. Flying J shall submit a proposed upgrade or repair of a UST system to the <br /> 23 CUPA for its approval to the extent required by California Code of Regulations,title 23,section <br /> 24 2660 and shall obtain the CUPA's approval before proceeding,pursuant to California Code of <br /> 25 Regulations, title 23, section 2662(a). If Flying J is unsure whether CUPA approval is required <br /> 26 for work on a UST system,,Flying J may request clarification from the CUPA in writing and may <br /> 27 rely on the CUPA's written response. If no response is received within thirty(30)days of Flying <br /> 28 J's request for clarification,and Flying J reasonably believes that no CUPA approval is required <br /> CONSENT JUDGMENT <br /> 9 <br />