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)

4-108-210 Approval required.

   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)

4-108-220 Training and instruction.

   The owner or operator of a gasoline fuel- dispensing facility shall train and instruct operators and employees of the gasoline dispensing facility in the proper operation and maintenance of the vapor collection and recovery system.

(Added Coun. J. 12-9-92, p. 25465)

4-108-230 Maintenance.

   The owner or operator of a gasoline-dispensing facility shall maintain all vapor collection and recovery equipment in accordance with the manufacturer's specifications and the regulations issued by the commissioner.

(Added Coun. J. 12-9-92, p. 25465)

4-108-240 Operating instructions.

   The owner or operator of a gasoline-dispensing facility shall post operating instructions for dispensing gasoline using the vapor collection and recovery system in a conspicuous and readily visible place within the gasoline-dispensing area. The physical specifications and language of these instructions must include:

   A.   A clear description of how to correctly dispense gasoline using the system;

   B.   A warning not to attempt continued refueling after automatic shutoff;

   C.   The telephone number of the department to report any problems experienced with the vapor collection and recovery system;

   D.   A warning that breathing gasoline vapors is hazardous to human health, and that the user is responsible for proper operation of the dispensing equipment; and

   E.   Such other information and warnings as the commissioner may require by regulations.

(Added Coun. J. 12-9-92, p. 25465)