COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

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