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1+ <br />5 <br />6 <br />7 <br />8 <br />4 <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 />capable of detecting a leak at the earliest possible opportunity as required by California Code of <br />Regulations, title 23, sections 2630(d) and 2641(a). Upon discovery, Flying J shall promptly <br />replace or repair any sensor that, for any reason, becomes incapable of detecting a leak at the <br />earliest possible opportunity <br />4.1.c. Flying J shall ensure that only a Service Technician shall remove or <br />replace any leak -detecting sensor. "Service Technician" means any individual who installs or <br />tests monitoring equipment, or provides maintenance, service, system programming or <br />diagnostics, calibration or trouble -shooting for UST system components in conformance with <br />California Code of Regulations, title 23, section 2715(i). The only exception to the prohibition <br />in this Paragraph is where the sensor must be temporarily removed in order to silence an alarm <br />pending prompt maintenance, repair or replacement by a Service Technician. <br />4. l.d. Flying J shall install and maintain tamper-resistant devices on all sensors <br />in under dispenser containment, motor sumps, and transition sumps that are part of a UST <br />monitoring system. <br />4. Le. Unless required for maintenance or repair, no Flying J employee or agent <br />shall remove, reposition, adjust, replace or otherwise tamper with any sensor that is part of a <br />functioning UST system such that the sensor is not capable of detecting a leak at the earliest <br />possible opportunity, in violation of California Code of Regulations, title 23, sections 2630(d) <br />and 2641(a). Violation of this Paragraph is a Suspended Penalty Action. <br />4.2. Monitoring and Alarm Recording and Response <br />4.2.a. As required by California Code of Regulations, title 23, sections 2630(d) <br />and 26410), Flying J shall not turn off or disconnect the monitoring system for an operating <br />UST except as necessary for investigation or repair Any violation of this paragraph that <br />prevents the UST monitoring system from detecting and registering a leak at the earliest <br />opportunity is a Suspended Penalty Action. <br />4.2.b As part of its maintenance obligations, Flying J shall conduct a daily test <br />of the UST monitoring system at each California Facility to ensure that it is powered on, <br />operating, and not in alarm. <br />CONSENT JUDGMENT <br />6 <br />