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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10l <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 />where Flying J has completed the testing set forth in this Paragraph, but the CUPA rejects the <br />testing certification or deems the testing to show a failure, Flying J shall work in good faith <br />11 promptly to resolve any dispute with the CUPA. <br />4.3.b. Within ten (10) business days of entry of this Consent Judgment, Flying J <br />shall ensure that the testing described in Paragraph 4.3.a. has occurred within the required time <br />periods and shall file and serve, and submit to each relevant CUPA, a status report identifying (a) <br />the type and location of the UST component, (b) when the required testing was last completed; <br />and (c) the results of that testing. Flying J may provide the information required by this <br />Paragraph, in whole or in part, by submission of Designated Operator reports. <br />4.3.c. Where the UST system testing or certification set forth in Paragraph 4.3.a. <br />indicates a failure, and where Flying J reasonably determines that a release to the environment is <br />not possible, Flying J may allow continued operation of the UST system for a reasonable time <br />until the repairs are made, where not otherwise prohibited by applicable law A reasonable time <br />within which to repair a secondary containment system is thirty (30) to one hundred twenty <br />(120) days, depending on the type and the extent of the system failure, the repairs needed and the <br />time needed by the. CUPA to review any necessary repair permit applications. Nothing in this <br />Paragraph exempts Flying J from complying with any and all regulations and any applicable <br />local ordinances and applicable requirements of the permit for the operation of the UST system, <br />although delay in the issuance of a required permit may constitute a Force Majeure, as defined in <br />Paragraph 5. 1, provided that the delay is not attributable to Flying J <br />4.3.d. Where the UST system testing or certification set forth in Paragraph 4.3.a. <br />indicates a failure, and where the failure indicates to a reasonable operator that there is potential <br />for a release to the environment, Flying J shall take all appropriate action to prevent a release, <br />including, but not limited to, shutting down the effected portion of the UST system. Failure to <br />comply with this Paragraph constitutes a Suspended Penalty Action. <br />4.3.e. Flying J shall use its best efforts to ensure all required tags and stickers <br />showing completion of the testing described in Paragraph 4.3.a. are affixed to the required UST <br />components. <br />CONSENT JUDGMENT <br />8 <br />