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Fee Exempt Gov. Code 6103

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF MERCED

PEOPLE OF THE STATE OF Case No. CV001267. CALIFORNIA EX REL THE STATE , ~

WATER RESOURCES CONTROL [Baum FIRST AMENDED FINAL BOARD, CONSENT JUDGMENT AND

PERMANENT INJUNCTION Plaintiff,

V. Judge: The Honorable Carol Ash

' Action Filed: August 2, 2010 TA OPERATING LLC; HPT TA - . PROPERTIES TRUST; and PETRO TRAVEL PLAZA LLC,

Defendants.

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First Amended Final Consent Judgment and Permanent Injunction (Case No. CV001267)

Exhibit 1, p. 01

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WHEREAS, Plaintiff, the People of the State of California, ex rel. State Water Resources

Control Board (People or State Water Board) and Defendants TA Operating LLC, the

successor by conversion of TA Operating Corporation, HPT TA Properties Trust, and Petro

Travel Plaza LLC (collectively, the TravelCenters Entities), having previously consented

pursuant to the Stipulation for Entry of a Final Consent Judgment and Permanent Injunction

(First Stipulation) and the Court previously entered the Final Consent Judgment and Permanent

Injunction on February 20, 2014 (hereinafter Initial Judgment);

WHEREAS, the State Water Board and the TravelCenters Entities (collectively referred to

herein as'the Parties) have entered into the Stipulation for Entry of First Amended Final

Consent Judgment and Pennanen't Injunction (hereinafter Second Stipulation) requesting that

the Initial Judgment be amended as set forth herein; and

WHEREAS, the Court having considered the pleadings in this action, which include,

without limitation, the First Amended Complaint, the Answers, the First Stipulation, the Initial

Judgment, the Second Stipulation, and the proposed First Amended Final Consent Judgment and

Permanent Injunction (hereinafter First Amended Judgment);

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: _

JURISDICTION

Jurisdiction exists over this matter pursuant to Health and Safety Code sections 25299

through 25299.04.

SETTLEMENT OF DISPUTED CLAIMS

The Parties have entered into the First and Second Stipulations pursuant to a compromise

and settlement of disputed claims set forth in the First Amended Complaint and the subsequently

alleged Suspended Penalty Conduct violations identified in Exhibit D hereto: The First and

Second Stipulations are not an admission by the TravelCenters Entities regarding any issue of law

or fact in the above-captioned matter or any violation of law. Each of the Travcenters Entities

waive their right to a hearing on any matter covered by this First Amended Judgment, including

the alleged Su3pended Penalty Conduct violations identified in Exhibit D.

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First Amended Final Consent Judgment and Permanent Injunction (Case No. CV 001267)

EXhibit 1. p. 02

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PERMANENT INJUNCTION

1. DEFINITIONS

1.1. Except where otherwise expressly- defined in this First Amended Judgment, all

terms shall be interpreted consistent with Chapter 6.7 of Division 20 of the California Health and

safety Code and Title 23, Division 3, Chapter 16 of the California Code of Regulations (the

UST Regulations).

1.2. "Certified Unified Program Agency" or CUPA is an agency certified by the

Secretary of the California Environmental Protection Agency pursuant to the requirements of

Chapter 6.11 of the Health and Safety Code and California Code of Regulations, Title 27, to

implement certain State environmental programs within the agencys jurisdictiou. CUPA

includes any Participating Agency (as defined at Health and Safety Code section 25 501 (e)(2)) or

Unified Program Agency (as defined at Health and Safety Code section 25501(e)(3 D.

1.3. Covered Facilities means the UST facilities that are owned and/or operated

by one or more of the TraveICenters Entities and that are identified in Exhibit A (attached hereto),

as may be amended by agreement of the Parties.

1.4. Local Agency means the local agency authorized, pursuant to Health and

Safety Code section 25283, to implement certain provisions of Chapter 6.7 of the Health and

Safety Code.

1.5. Immediately means directly and without undue delay.

1.6. Promptly means as soon as reasonably practicable.

1.7. Suspended Penalty Conduct shall mean a violation of one or more of the

provisions identified in Paragraph 2.37 through 2.37:. below.

2. INJUNCTIVE TERMS

Pursuant to the provisions of Health and Safety Code section 25299.01, but Subject to the

termination provisions of Paragraph 16 below, upon approval and entry of this First Amended

Judgment by the Court, each of the TravelCenters Entities, with respect to the Covered Facilities,

is enjoined to comply with Chapter 6.7 of Division 20 of the Health and Safety Code, the UST

Regulations pertaining to UST systems, and the related permits and orders issued pursuant to the '13

First Amended Final Consent Judgment and Permanent Injunction (Case No. CV001267)

Exhibit 1, p. 03

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above-referenced statutes and regulations. Specifically, each of the TravelCenters Entities is

enjoined to comply with the following requirements at each of the Covered Facilities:

2.1. USTs installed pursuant to Health and Safety Code sections 25290.1, 25290.2 and

25291 shall be constructed such that the secondary containment shall prevent structural

weakening as a result of contact with any released hazardous substances, and shall also be

capable of storing hazardous substances for the maximum anticipated period of time necessary for

the recovery of any released hazardous substance, as required by Health and Safety Code sections

25290.1 (c)(2), 25290.2(c)(2), and 25291(a)(2).

2.2. USTs installed pursuant to Health and Safety Code sections 25290.1 and 25290.2

shall have secondary containment that is constructed, operated, and maintained to prevent water

intrusion into the system by precipitation, infiltration, or surface runoff, in accordance with

Health and Safety Code sections 25290.1(c)(3) and 25290.2(c)(3). USTs installed pursuant to

Health and Safety Code section 25291 shall contain a means of monitoring for water intrusion

and for removing the water by the owner or operator if water could enter into the secondary

containment by precipitation or infiltration, in accordance with Health and Safety Code section

2529 1 (e).

2.3. USTs shall be equipped with an overfill prevention system, as required by Health and

Safety Code sections 25290.1(t), 25290.2(e), 25291(c), 25292(d), and 25292.1(a), and the overfill

prevention system shall not allow for manual override, as required by Title 23, California Code of

Regulations section 2655(b)(2).

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2.4. Training for employees at each Covered Facility shall be conduCted by the designated

UST operator, as required by Title 23, California Code of Regulations section 2715(t). A list of

employees who have been trained by the designated UST operator and the dates of their hiring

and training shall be maintained and provided to the Local Agency upon request, as required by

Title 23, California Code of Regulations section 2715(f)(3).

2.5. Evidence of financial responsibility shall be maintained at all times, as required by

Health and Safety Code section 25292.2.

4

First Amended Final Consent Judgment and Permanent Injunction (Case No. CV001267)

Exhibit 1. p. 04

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2.6. Notifications shall be made to the Local Agency of any changes in the usage of any

UST at a covered facility within thirty (30) calendar days, including but not limited to, storage of

new hazardous substances (as that term is defined in Health and Safety Code section 25281(h)),

and changes in monitoring procedures, as required by Health and Safety Code section 25286(a).

Notification shall also be made if there has been any unauthorized release, as required by Health

and Safety Code section 25294 and 25295.

2.7. Monthly UST system inspections shall be performed by a designated UST operator

an