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ARTICLE II.  MOTOR FUEL CONTENT* (4-108-140 et seq.)
* Editor's note – Coun. J. 12-13-00, p. 48138, § 1, amended the title of Art. II to read as herein set out. Formerly, Art. II was entitled, “Lead-Content Motor Fuel”.
4-108-140  Restrictions.
   (a)   It shall be unlawful within the City of Chicago for any person, firm or corporation to sell, offer or expose for sale, give or furnish, except in containers of one gallon or less, any motor fuel containing ethylene dibromide (EDB) or lead in excess of .05 grams per gallon (leaded gasoline as defined in 40 C.F.R. Section 80.2), for use in motor vehicles using internal combustion engines.
   (b)   The manufacture, blending, delivery, sale, distribution or use of M.T.B.E. as an oxygenate in gasoline is prohibited.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-13-00, p. 48138, §§ 2, 3)
4-108-150  Remedies not exclusive.
   In addition to any other remedies, penalties or means of enforcement provided herein, if the commissioner of health on due investigation determines that compliance has not been made, he may request the corporation counsel to make application on behalf of the city to the Circuit Court of Cook County for an injunction requiring compliance with the provisions of this chapter and for such other order as the court may deem necessary or appropriate to secure compliance. The corporation counsel may then institute proceedings on behalf of the city, as provided by law.
(Added Coun. J. 12-9-92, p. 25465)
4-108-160  Interference unlawful.
   It shall be unlawful for any person to interfere with or hinder or prevent the commissioner of health from discharging any duty in the enforcement of this chapter.
(Added Coun. J. 12-9-92, p. 25465)
4-108-170  Violation – Penalty.
   In addition to any other penalty provided by law, any person who violates any provision of Article II of this chapter or any regulation promulgated thereunder shall be fined not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 64)
4-108-180  Severability.
   The invalidity of any section or part of any section of this chapter shall not affect the validity of any other section or part thereof.
(Added Coun. J. 12-9-92, p. 25465)
ARTICLE III.  STAGE 2 VAPOR RECOVERY SYSTEMS (4-108-190 et seq.)
4-108-190  Definitions.
   Whenever used in this article, unless the context requires a different meaning:
   A.   “Commissioner” means the commissioner of business affairs and consumer protection.
   B.   “Department” means the department of business affairs and consumer protection.
   C.   “Gasoline” means any conventional, reformulated, or otherwise blended volatile liquid suitable for use as a motor vehicle fuel, excluding diesel fuel and kerosene.
   D.   “Gasoline transport vehicle” means any truck, trailer or railroad tank car, with a capacity of 300 gallons or more, used for the transportation of gasoline.
   E.   “Monthly volume” means the amount of gasoline dispensed from a gasoline dispensing facility during any calendar month. For facilities in continuous existence since November 15, 1988, the average monthly volume will be based on the monthly sales for the period November 15, 1988 to November 15, 1990. For other facilities, the commissioner shall prescribe by rule the method of computing monthly volume.
   F.   “Gasoline-dispensing facility” or “facility” means any site where gasoline storage tanks are maintained and operated in the refueling of motor vehicles.
   G.   “Vapor collection and recovery system” means a vaportight collection system or other system that removes and collects at least 90 percent, by weight, of gasoline vapors that are generated during refueling of a motor vehicle, and prevents the release of the vapors into the atmosphere.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
4-108-200  Use of system required.
   No owner or operator of a gasoline-dispensing facility shall cause or allow the dispensing of gasoline at any time unless the facility is equipped with and uses at all times a vapor collection and recovery system which has been approved by the commissioner and is operated in accordance with this article. This requirement shall not apply to (a) any facility which sells less than 50,000 gallons per month average monthly volume and qualifies as an independent, small business marketer of gasoline as defined in Section 325 of the Federal Clean Air Act Amendments of 1990; or (b) any other facility which sells less than 10,000 gallons of gasoline per month average monthly.
(Added Coun. J. 9-11-91, p. 5522)
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