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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 />14 ENFORCEMENT AND OTHER PROJECTS <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 />