[HISTORY: Adopted by the Board of Trustees of the Village of Chester 11-12-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 98.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings respectively ascribed:
EQUIVALENT CONTROL
The use of alternate operational and/or equivalent controls for the reduction of gasoline vapor emissions that have been approved by the New York State Department of Environmental Conservation, such that the aggregate emissions of gasoline vapor from the facility do not exceed those from the application of defined reasonably available control technology.
GASOLINE
Any petroleum distillate having a Reid vapor pressure of four pounds per square inch (28 kilopascals) or higher, used as a motor fuel.
GASOLINE TRANSPORT VEHICLE
Any tank truck, trailer or railroad tank car used for the transport of gasoline.
STAGE I VAPOR COLLECTION SYSTEM
A system where gasoline vapors are forced from a tank into a vaportight holding system or vapor control system through direct displacement by the gasoline being loaded.
STAGE II VAPOR COLLECTION SYSTEM
A system where at least 90%, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are removed to a vaportight holding system or vapor control system.
SUBSTANTIALLY MODIFIED
A modification of an existing gasoline dispensing site which involves the addition of one or more new gasoline pumps or the replacement or reconditioning of an existing pump.
VAPOR CONTROL SYSTEM
A system that prevents emissions to the outdoor atmosphere from exceeding 4.7 grains per gallon (80 grams per 1,000 liters) of petroleum, liquid-loaded.
No person may transfer or allow the transfer in any one day of more than 2,000 gallons of gasoline into storage tanks at gasoline dispensing sites located in the Village of Chester area, unless the storage tank is equipped with a Stage I vapor collection system consisting of a vaportight return line from the storage tank, or its vent, to the gasoline transport vehicle and a system that will ensure that the vapor line is connected before gasoline can be transferred into the tank; a properly installed on-site vapor control system connected to a vapor collection system; or an equivalent control system, and such system is properly connected and used continuously while gasoline is being transferred.
A. 
A Stage II vapor collection will be required at any gasoline dispensing site located in the Village of Chester which is constructed after the effective date of this chapter or which replaces or substantially modifies its gasoline pump(s) after the effective date of this chapter.
B. 
No owner and/or operator of a gasoline dispensing site required to comply with this chapter may transfer or allow the transfer of gasoline into a motor vehicle fuel tank at gasoline dispensing sites located in the Village of Chester area unless the gasoline pump is equipped with a Stage II vapor collection system which shall meet the requirements necessary for approval by the New York State Department of Environmental Conservation before it is installed. Approval of a Stage II vapor collection system will be based on a determination that a properly installed and operated system will remove at least 90% by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling to a vapor tight holding system or vapor control system.
C. 
Persons required to implement Stage II vapor collection systems shall conspicuously post operating instructions for the system in the gasoline dispensing area, which include:
(1) 
A clear description of how to correctly dispense gasoline with the vapor recovery nozzles utilized at the site;
(2) 
A warning that continued attempts at dispensing gasoline after the system indicates that the vehicle tank is full may result in spillage or recirculation of gasoline; and
(3) 
A telephone number established by the Department of Environmental Conservation for use by the public to report problems it experiences with the system.
D. 
Routine maintenance of components of Stage II vapor collector systems must be performed to ensure the integrity and efficiency of the system.
E. 
The modification, removal, replacement or addition of any element which would render a Stage II vapor collection system inoperative or impair its integrity and efficiency is prohibited.
Owners and/or operators of gasoline storage tanks and gasoline dispensing sites subject to Stage I and/or Stage II vapor collection or vapor control system requirements shall:
A. 
Install all necessary Stage I and/or Stage II vapor collection and control systems and make any modifications necessary to comply with the requirements.
B. 
Provide adequate training and written instructions to the operator of the affected gasoline dispensing site.
C. 
Replace, repair or modify any worn or ineffective component or design element to ensure the vaportight integrity and efficiency of the Stage I vapor collection and vapor control systems.
D. 
Connect and ensure proper operation of the Stage I and/or Stage II vapor collection and control systems whenever gasoline is being loaded, unloaded or dispensed.
A. 
Owners of gasoline dispensing sites subject to the Stage I vapor collection requirements of this chapter shall submit a proposed schedule to the Code Enforcement Officer which includes specific steps and dates necessary to comply with the provisions of this chapter no later than 10 days after the date this chapter becomes law.
B. 
Owners of gasoline dispensing sites subject to the Stage I vapor collection requirements of this chapter shall be in compliance with all requirements no later than 30 days after the date this chapter becomes law.
C. 
Owners of gasoline dispensing sites subject to the Stage II vapor collection requirements of this chapter shall be in compliance with these requirements within 30 days after they become subject to § 54-3.
Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000 per offense. Each day of a continuing violation of this chapter shall be a separate offense.