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