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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />otherwise modify the amount of the Suspended Penalty Suspended Penalties may be imposed <br />until the entire Suspended Penalty of $1,000,000 is exhausted. If the Suspended Penalty is <br />exhausted, once it is exhausted, any violations of this Consent Judgment that would otherwise <br />constitute Suspended Penalty Actions shall be penalized as set forth in Paragraph 6.2., below <br />3.4.d. Flying J shall pay a Suspended Penalty within twenty (20) days of the <br />entry of an order finding that Flying J engaged a Suspended Penalty Action unless Flying J files <br />a timely appeal. In that event, Flying J shall pay the Suspended Penalty within twenty (20) days <br />of any order on appeal affirming imposition of the Suspended Penalty_ Any Suspended Penalties <br />paid pursuant to this Consent Judgment shall be distributed to the prosecuting agencies, and <br />according to the percentages, set forth in Paragraph 3. La. <br />3.5. Late Payments: Penalties <br />Flying J shall be liable for a stipulated civil penalty of $5,000 for each day that a payment <br />required pursuant to Paragraphs 3.1. through 3.4. is late. <br />4. INJUNCTIVE RELIEF <br />Pursuant to the provisions of Health and Safety Code sections 25181, 25299.01 and <br />25516.2, and Business and Professions Code section 17203, but subject to Paragraph 27, below, <br />Flying J is enjoined to comply with Chapters 6.5, 6.7 and 6.95 of Division 20 of the Health and <br />Safety Code and the regulations promulgated under these Chapters pertaining to UST systems at <br />its California Facilities. Flying J's failure to comply with the specific injunctive provisions that <br />follow at Paragraphs 4.1. through 4.8. will subject it to the Consent Judgment enforcement <br />provisions and penalties asset forth in Paragraphs 3.4, 6.1. and 6.2. as applicable. <br />4.1 Leak -Detecting Sensors <br />4.1.a. Flying J shall at all times equip all secondary containment, including <br />under -dispenser containment, and under -dispenser spill control or containment systems, with a• <br />continuous monitoring system that either activates an audible and visual alarm or stops the flow <br />of product when it detects a leak, as required by California Code of Regulations, title 23, section <br />2636(f)(1). <br />4.1.b. Flying J shall properly install all leak -detecting sensors so that each is <br />CONSENT JUDGMENT <br />5 <br />