§ 131.07  FUELING AND DEFUELING AIRCRAFT.
   (A)   General Requirements.
      (1)   Excluding self-fueling operations, all aviation fuels and oils for sale at the Airport will be dispensed only by the City. No other company, group, or individual will be allowed to transport, store, fuel or otherwise introduce petroleum products to the Airport without the express written permission of the City. Only then will this operation be allowed in areas designated by the City and which meet all operational and safety procedures and requirements.
      (2)   No MOGAS (automotive fuel) will be brought onto the Airport for the purpose of transferring such fuels to any aircraft which is at the Airport and is not owned by the person dispensing such fuel. All uses of MOGAS will be in accordance with all applicable FAA and industry guidelines and regulations.
      (3)   No fuel storage and/or dispensing equipment shall be installed or used at the Airport without the prior written approval of the City. All such equipment shall be kept in a safe and non-leaking condition.
      (4)   No aircraft shall be fueled or defueled while the engine is running, or being warmed by applications of exterior heat, or while such aircraft is in a hangar or enclosed space except for turbine-powered helicopters, which may be hot fueled so long as the pilot and fuel provider are familiar with and implement safety procedures for such fueling.
      (5)   Smoking or lighting of an open flame is prohibited within 100 feet of any fueling operation.
      (6)   No person shall operate any radio transmitter or receiver or switch electrical appliances off or on in an aircraft during its refueling or defueling.
      (7)   During refueling, the aircraft and the fueling dispensing apparatus shall both be grounded to a point or points of zero electrical potential.
      (8)   No person shall use any material during fueling or defueling of aircraft which is likely to cause a spark or be a source of ignition.
      (9)   Adequate fire extinguishers shall be within ready reach of all persons engaged in fueling or defueling aircraft.
      (10)   Fueling hoses and equipment shall be maintained in a safe, sound and nonleaking condition and shall be approved by the National Board of Fire Underwriters in all respects and parts.
      (11)   All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a grounding device to prevent ignition of volatile liquids.
      (12)   Persons engaged in the fueling and draining of aircraft fuel shall exercise care to prevent overflow of fuel. Persons responsible will take proper measures to remove any volatile liquid when it is spilled.
      (13)   Any company, group or individual performing fueling and defueling operations shall have accessible necessary containment and absorbent materials to contain the maximum potential of a spill.
      (14)   All spills, in excess of one gallon, should be reported to the City immediately.
   (B)   Self-Fueling.
      (1)   Pursuant to FAA requirements that public airports allow owners/operators of aircraft to self-fuel, the City hereby institutes Self-Fueling Regulations in order to facilitate safe and functional installation and operations at the Airport.
      (2)   Permit. Prior to engaging in self-fueling activities, an owner/operator must obtain a Self-Fueling Permit from the City which shall not be unreasonably withheld. Upon receipt of a completed application to self-fuel, the City shall promptly act on an application to engage in self-fueling in a timely manner.
      (3)   Permittees shall comply with all duly enacted or promulgated Federal, State and local laws, regulations, ordinances, and codes as they may apply to the installation and operation of self-fueling farms, equipment and activities including but not limited to fire codes, building codes, and safety regulations.
      (4)   Only persons or entities with active hangar leases at the Airport shall be permitted to install a fuel farm for self-fueling purposes. At the termination of a Permittee's use of a self-fueling facility, the disposition of the self-fueling equipment shall be the same as for other equipment installed or used by the lessee at the Airport as provided for in the lease.
      (5)   It is the responsibility of the Permittee to ensure that only aircraft owned, operated, or utilized by the permittee shall be self-fueled at the Permittee's self-fueling facilities and their operation.
      (6)   The installation and cost of all self-fueling equipment shall be the sole responsibility of the Permittee. The City shall not incur any expense in regard to self-fueling facilities and their operation.
      (7)   Self-fueling fuel farms shall include only above-ground storage tanks. Prior to the installation and use of such fuel farms, the City must approve Permittee's facility and its installation. Detailed plans and specifications sealed by a registered engineer of Permittee's facility and location shall be submitted to the City for appropriate review. Only an appropriately licensed general contractor may construct fuel storage facilities. Facility construction shall not commence prior to written approval by the City. Once approved by the City, the Permittee shall not make changes to the specifications without receiving additional written approval from the City.
      (8)   Permittee shall, at its sole expense, maintain its self-fueling facilities and equipment in a presentable condition consistent with best management practices.
      (9)   The Permittee shall be responsible for any clean-up of any site on the Airport that becomes contaminated due to the self-fueling installation or operation of the Permittee.
      (10)   Permittee shall provide liability insurance coverage for its self-fueling operations in limits that are stated in the Permittee's lease, or if no lease exists, in the minimum amount of one million dollars ($1,000,000) per occurrence. Further, by accepting a permit to engage in self-fueling from the City, the Permittee agrees to indemnify and hold the City, its agents and employees harmless from any and all claims, costs, loss, or expenses arising from Permittee's self-fueling operations. Indemnification shall also include environmental claims, clean-up costs, loss, or expenses due to any fuel spill or contamination due to a Permittee's self-fueling operations.
      (11)   Mobile self-fueling of aircraft may only occur upon prior issuance of a Mobile Fueling Permit. Prior to issuance of a Mobile Fueling Permit, appropriate City staff must inspect and approve all equipment associated with a Permittee's mobile self-fueling operations. Mobile fueling equipment may only be operated or stored upon surfaces that are within the weight-bearing capacity of such surface. Mobile fuel trucks may only be fueled at locations that are approved by the City. No truck-to-truck fueling shall occur. All other applicable fueling requirements of Permittees as set out herein shall apply to mobile self-fueling.
      (12)   In the event of any alleged violation by a Permittee of these Self-Fueling Regulations, the City shall give written notice to the Permittee of such alleged violation and the grounds for same. The Permittee shall then have a period of thirty (30) days to cure such alleged violation. Upon failure of the Permittee to take appropriate action, the City may take such action as necessary to correct the violation including but not limited to revocation of the Self-Fueling Permit. Serious safety violations which pose an imminent hazard to persons or property may result in immediate action by the City without such prior notice and cure period.
      (13)   Permittee must pay a flowage fee as established in the Fee Schedule of the City unless exempted under § 131.07(B)(14).
      (14)   Permittee owning a hangar at the Charlotte-Monroe Executive Airport, installing a permanent fueling facility at the airport, and requiring no assistance in fueling and storing aircraft from the City is exempt from flowage fees.
(Ord. O-2019-09, passed 3-5-19)