[Adopted 10-11-1983 by L.L. No. 20-1983 (Ch. 313, Art. III, of the 1985 Code)]
A. 
The Legislature finds that many consumers have been victimized by the sale of motor fuels containing an excess amount of lead in Suffolk County due to pump tampering and the intermingling of leaded and unleaded fuels. Motor fuel containing an excess amount of lead results in consumers getting less value for their motor-fuel dollar, causes inconvenience when motor vehicles stall and break down and causes expensive repairs as the result of fuel-system contamination, including damage to catalytic converters.
B. 
The purpose of this article is to minimize the incidence of the sale of motor fuels containing an excess amount of lead and to diminish the amount of damage so caused by prohibiting such sales and authorizing the condemnation of gasoline pumps used to dispense lead-contaminated fuel.
[Amended 3-28-2000 by L.L. No. 6-2000]
As used in this article, the following terms shall have the meanings indicated:
FUEL
Liquid used as fuel for internal combustion engines. This term shall specifically include, but is not necessarily limited to, gasoline, diesel fuel and gasohol.
GASOLINE
Any fuel sold for use in motor vehicles and motor vehicle engines and commonly or commercially known or sold as "gasoline."
METHYL TERTIARY BUTYL ETHER (MTBE)
An ether which is a colorless liquid with a boiling point of 55° C. and a density of 0.74 g/ml which is manufactured by reacting methanol and isobutylene.
MOTOR-FUEL DEVICE
A device designed for the measurement and delivery of fuel.
MOTOR-FUEL DISPENSING FACILITY
Any gasoline station, service station, repair shop or other place or premises where fuel is sold, offered for sale or allowed to be sold to the general public.
MOTOR VEHICLE
Such term as it is or may be defined by the New York Vehicle and Traffic Law.
OFFICE
The County Office of Consumer Affairs.
OPERATOR
The person in charge of a motor-fuel dispensing facility. This term shall specifically include, but is not necessarily limited to, the owner, lessee, manager, assistant manager or any other person in charge of the operations or activities of a motor-fuel dispensing facility.
PERSON
Any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint-stock association or other entity or business organization of any kind.
[Amended 3-28-2000 by L.L. No. 6-2000]
A. 
No person or operator shall sell, offer for sale or dispense leaded fuel from a motor-fuel device used or designated for unleaded fuel at any motor-fuel dispensing facility within the County of Suffolk.
B. 
No person shall import into the County of Suffolk for sale, or sell, dispense or offer for sale within the County of Suffolk, any gasoline which contains the additive methyl tertiary butyl ether for use as an oxygenate in such gasoline.
C. 
The Suffolk County Office of Consumer Affairs and the Suffolk County Director of Weights and Measures, or an authorized representative of either, upon presentation of appropriate credentials, shall have the right to enter upon or through any retail outlet, motor-fuel dispensing facility, or the premises of any distributor or operator, to make inspections, take samples and conduct tests to determine the lead content of fuel and to determine the content of methyl tertiary butyl ether as an oxygenate additive of fuel and to ensure compliance with this article.
[Amended 3-28-2000 by L.L. No. 6-2000]
A. 
Any person who shall violate any provision of § 494-14A, B or C and/or 494-16C of this article shall be guilty of a violation and subject to a fine of not less than $250 nor more than $1,000 or imprisonment up to 15 days, or both.
B. 
In addition, the Suffolk County Director of Weights and Measures shall have the authority to condemn any motor-fuel device or associated equipment used in the dispensing of lead-contaminated motor fuel or gasoline containing methyl tertiary butyl ether additive or to order such a condition corrected within 24 hours.
C. 
Any person who shall intentionally violate any provision of § 494-14B of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of $1,000 and/or up to one year of imprisonment. Each such violation shall constitute a separate and distinct offense.
A. 
This article shall be enforced by the Suffolk County Department of Consumer Affairs and the Suffolk County Sealer.
B. 
Whenever any Bureau of Weights and Measures official inspects any motor-fuel device or associated equipment and finds that it does not correspond with the standards, specifications, tolerances or variations allowable as established by the Suffolk County Department of Consumer Affairs for the purposes of this article, he shall condemn the same and either seize it or order it repaired or removed. In the case of a seizure, such device or equipment may be disposed of only as directed by the County Sealer or his authorized agent.
C. 
No person shall use or attempt to use any motor-fuel device or equipment to which there has been affixed or upon which there has been placed any condemnation tag unless such condemnation tag has been removed therefrom by a Bureau of Weights and Measures official.
D. 
No person, except a Bureau of Weights and Measures official, shall remove any such condemnation tag or obliterate, cover, obstruct or deface the same or cause any of the foregoing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
The Commissioner of the Department of Consumer Affairs is hereby authorized to promulgate and issue such rules and regulations as he may deem necessary to implement the provisions of this article.