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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)
ARTICLE III. STAGE 2 VAPOR RECOVERY SYSTEMS (4-108-190 et seq.)
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)
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)
No vapor collection and recovery system shall be installed or operated unless the components comprising the system have been approved by the commissioner. It shall be the responsibility of the owner or operator of the subject gasoline fuel-dispensing facility to provide proof to the commissioner that the vapor collection and recovery system, as installed, meets the requirements promulgated by the commissioner for approval of the system.
(Added Coun. J. 12-9-92, p. 25465)
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