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I 4.2.c. Where the UST monitoring system registers an alarm,Flying J shall <br /> 2 respond appropriately, including promptly recording the alarm and taking any other required <br /> 3 action. <br /> 4 4.2.d. Where Flying J's monitoring of interstitial space relies on the mechanical <br /> 5 or electronic detection of hazardous substances in the interstitial space,the continuous <br /> 6 monitoring system shall be connected to an audible and visual alarm approved by the CUPA as <br /> 7 required by California Code of Regulations,title 23,section 2632(c)(2)(B). <br /> 8 4.2.e. Flying J shall equip all underground piping with secondary containment <br /> 9 with a continuous monitoring system that either activates an audible or visual alarm or stops the <br /> 10 flow of product at the dispenser when it detects a leak as required by California Code of <br /> 11 Regulations, title 23,section 2636(f)(1). <br /> 12 4.21 Flying J will complete any corrective work promptly consistent with all <br /> 13 applicable legal requirements. Flying J shall comply with any and all regulations and any <br /> r 14 applicable local ordinances and applicable requirements of the permit for the operation of the <br /> 15 UST system,although delay in the issuance of a required permit may constitute a Force Majeure, <br /> 16 as defined in Paragraph 5.1.,provided that the delay is not attributable to Flying J. Further, <br /> 17 nothing in this Paragraph exempts Flying J from any requirements for reporting,recording or <br /> 18 responding to unauthorized releases of hazardous substances. <br /> 19 4.3. Testing and Certification:Failed Tests <br /> 20 4.3.a. Flying J shall cause the spill containment structure testing required by <br /> 21 Health and Safety Code section 25284.2; the line tightness testing required by California Code of <br /> 22 Regulations, title 23,section 2636(f)(4); the secondary containment testing required by <br /> 23 California Code of Regulations,title 23,section 2637;the testing required for UST monitoring <br /> 24 equipment certification required by California Code of Regulations,title 23,section 2638; and <br /> 25 any monitoring or testing required under California Code of Regulations, title 23,section 2643 to <br /> 26 occur as required by law Flying J's failure timely to complete the required testing described in <br /> 27 the previous sentence is a violation of this Consent Judgment;any such failure that continues for <br /> 28 more than fourteen(14)business days constitutes a Suspended Penalty Action. In addition, <br /> CONSENT JUDGMENT <br /> 7 <br />