[HISTORY: Adopted by Dutchess County 4-14-1986 by L.L. No. 2-1986. Amendments noted where
applicable.]
CODE OF LOCAL LAWS REFERENCES
Consumer protection — See Ch. 141.
This chapter prescribes regulations regarding the sale of motor
vehicle fuel and the prohibition of water contamination, lead contamination
and the proper labelling of motor vehicle fuels for use in motor vehicles
and motor vehicle engines. These regulations are based upon a determination
by this Legislature that the contamination of a fuel or its improper
use will endanger the public health or will impair, to a significant
degree, the performance of a motor vehicle emission control device
and for the prevention of fraudulent practices which may occur in
the sale of motor vehicle fuels and certain other findings.
As used in this chapter, the following terms shall have the
meanings indicated:
The Dutchess County Commissioner of Behavioral and Community
Health.
[Amended 12-7-2010 by L.L. No. 2-2011[1]]
Any person who transports or stores or causes the transportation
or storage of gasoline from any point to any other point.
[Amended 2-26-1987 by L.L. No. 4-1987]
Any fuel sold in Dutchess County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as "gasoline."
Any motor fuel dispensing facility, service station, repair
shop or other place or premises where gasoline is sold, offered for
sale or allowed to be sold to the general public at retail.
Gasoline which contains more than 0.05 gram of lead per gallon
or more than 0.005 gram of phosphorus per gallon.
Liquid used as fuel for internal combustion engines. This
term shall specifically include, but not be limited to, gasoline and
diesel fuel.
The rating of the anti-knock characteristics of a grade or
type of automotive gasoline as more fully defined in 15 U.S.C. § 2821
and the applicable federal regulations pursuant thereto.
[Added 2-26-1987 by L.L.
No. 4-1987]
The person in charge of a gasoline station. This term shall
specifically include, but not be limited to, the owner, lessee, manager,
assistant manager or any other person in charge of the operations
or activities of a gasoline station.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
Any reservoir or container used for the holding of motor
fuel. This term includes, but is not limited to, above-ground gasoline
tanks, underground gasoline tanks, and delivery gasoline tanks or
trucks.
Gasoline containing not more than 0.05 gram of lead per gallon
and not more than 0.005 gram of phosphorus per gallon.
[Amended 2-26-1987 by L.L. No. 4-1987]
The water, octane, lead and phosphorus content of gasoline will
be determined by such tests as may be approved by the Commissioner.
Any certificate duly signed by a chemist, analyst or other expert
employed by the Commissioner or any analysis, examination or investigation
made by such analyst, chemist or expert with respect to any sample
of gasoline which the Commissioner has caused to be examined shall
be presumptive evidence of the facts therein stated.
[Amended 2-26-1987 by L.L. No. 4-1987]
The Commissioner or his/her authorized representative shall
have the right to enter any gasoline station or the premises or property
of any operator or distributor and shall have the right to make inspections,
take samples and conduct tests to determine compliance with this chapter.
All distributors and operators shall be required to produce their
books to the Commissioner for inspection.
[Amended 2-26-1987 by L.L. No. 4-1987]
No distributor shall sell to any distributor or operator any
gasoline which is falsely described or labeled. A distributor shall
be liable for the transfer of gasoline into the proper storage tank.
A.
No operator, distributor or his/her employee or agent shall sell,
introduce or cause or allow the introduction of leaded gasoline into
any motor vehicle which is labelled "UNLEADED GASOLINE ONLY."
[Amended 2-26-1987 by L.L. No. 4-1987]
B.
No operator, distributor or his/her employee or agent shall sell,
expose for sale or offer for sale any gasoline in any manner whatsoever
so as to deceive or tend to deceive the purchaser as to the nature,
quality and identity of the gasoline so sold or offered for sale.
[Amended 2-26-1987 by L.L. No. 4-1987]
C.
Each operator shall affix to each gasoline pump stand a permanent
legible label as follows:
(1)
For gasoline pump stands containing pumps for the introduction of
unleaded gasoline into motor vehicles, the label shall state "UNLEADED
GASOLINE."
(2)
For gasoline pump stands containing pumps for the introduction of
super unleaded gasoline or premium unleaded gasoline into motor vehicles,
the label shall state "PREMIUM UNLEADED GASOLINE."
(3)
For gasoline pump stands containing pumps for the introduction of
leaded gasoline into motor vehicles, the label shall state "LEADED
GASOLINE."
(4)
For gasoline pump stands containing pumps for the introduction of
diesel fuel into motor vehicles, the label shall state "DIESEL FUEL."
(5)
Each gasoline pump shall clearly identify the octane rating of the
gasoline dispensed from said pump.
[Added 2-26-1987 by L.L.
No. 4-1987]
D.
Any label required under Subsection C of this section shall be located so as to be readily visible to the operator's employees and customers.
E.
The operator of a gasoline station shall be required to measure the
level of water contained in each gasoline storage tank located at
such facility at least once each day on any day during which the facility
is open to the public for any portion of such day.
F.
The operator of a gasoline station shall be required to measure the
level of water contained in each gasoline storage tank located at
such facility within one hour after delivery of gasoline has been
made to any such storage tank; except that if a delivery of gasoline
is made during the time in which the gasoline station is not open
to the public, then the operator shall measure the level of water
contained in each gasoline storage tank into which gasoline was delivered
within one hour after the gasoline station facility opens to the public.
G.
No operator shall sell or offer for sale any gasoline which draws
from a storage tank at a gasoline station which contains more than
two inches of water.
H.
No operator shall sell or offer for sale gasoline from a pump which
draws from any storage tank during the time in which a delivery of
gasoline is being made to or into such tank unless the operator of
the gas station shall have measured the level of water contained in
any such storage tank immediately before the delivery begins and determined
that the storage tank contains no more than two inches of water.
A.
Any distributor who violates this chapter shall be subject to a civil
penalty and shall pay to Dutchess County the amount of $5,000 for
each and every day of the continuance of such violation. Violation
shall be presumed to have begun on the last delivery of gasoline to
that pump's storage tank.
[Amended 2-26-1987 by L.L. No. 4-1987]
B.
Any operator who violates § 181-6A, B, C or D shall be subject to a civil penalty and shall pay to Dutchess County the amount of $1,000 for each and every day of the continuance of such violation. Violation shall be presumed to have begun on the last delivery of gasoline to that pump's storage tank.
[Amended 2-26-1987 by L.L. No. 4-1987]
C.
Any operator who violates any other sections of this chapter shall
be subject to a civil penalty and shall pay to Dutchess County an
amount up to $1,000 for each and every day of the continuance of such
violation. Violation shall be presumed to have begun on the last delivery
of gasoline to that pump's storage tank.
[Amended 2-26-1987 by L.L. No. 4-1987]
D.
Where there is evidence of intent to defraud, the Commissioner may
refer evidence of such violation to the Dutchess County District Attorney
or, in the absence of intent to defraud, refer the violation to the
Dutchess County Attorney for commencement of a civil action in the
name of Dutchess County to recover a civil penalty in the amounts
prescribed by this chapter. A cause of action for recovery of such
penalty may be released, settled or compromised by the Commissioner
before the matter is referred to the Dutchess County Attorney and
thereafter by the Dutchess County Attorney.
E.
All moneys collected shall be deposited in the General Fund of the
County of Dutchess.
A.
This chapter shall be enforced by the Dutchess County Department
of Behavioral and Community Health, which shall have the authority
to condemn any equipment used in dispensing gasoline in violation
of this chapter or to order such a condition rectified within 24 hours.
[Amended 12-7-2010 by L.L. No. 2-2011[1]]
B.
Any condemnation of equipment shall be in accordance with the procedures
set forth in Article 16 of the New York State Agriculture and Markets
Law.
[Added 2-26-1987 by L.L.
No. 4-1987]
A.
Hearings on violations.
(1)
The Commissioner may cause to be held a formal hearing on any alleged
violation of this chapter. A formal hearing shall be on due and adequate
notice to the person(s) concerned and shall be set down for a day
certain.
(2)
The Commissioner is empowered to appoint a hearing officer, who shall
conduct a formal hearing. The hearing officer may be an impartial
employee of the Department of Behavioral and Community Health who
has not been involved in any way with the action in question.
[Amended 12-7-2010 by L.L. No. 2-2011[1]]
(5)
The hearing officer shall thereafter prepare findings of fact, conclusions,
and recommendations on which the Commissioner shall make a formal
order setting forth the determination, conditions, if any, to be complied
with, and civil penalties, if any.
(6)
A copy of the order of the Commissioner following a formal hearing
shall be served on all respondents.
(7)
Nothing herein contained shall preclude the Commissioner from taking
any action in addition to the formal hearing herein provided for,
as may be prescribed by law, nor shall the Commissioner be precluded
from taking such other action by virtue of the order made pursuant
to this section.
B.
Service of an order or notice of hearing shall be made as follows:
(1)
Enclosing the order or notice in a post-paid envelope directed to
the person(s) concerned at the address last known to the Commissioner
and depositing such envelope in an official depository maintained
by the United States Post Office; or
(2)
Leaving the order or notice with the person concerned or with a person
in charge of the premises; or
(3)
Posting the order or notice at the entrance door of the premises
involved.
C.
The Commissioner, the designated hearing officer or the Dutchess
County Attorney may issue subpoenas on request of any party to the
proceedings of any formal hearing set down by the Commissioner.
D.
Conduct of hearing; evidence; determinations; minutes.
(1)
The hearing officer shall not be bound by the rules of evidence in
the conduct of a hearing, but the determination shall be founded on
sufficient factual evidence to sustain it.
(2)
Proof may be adduced with respect to ongoing violations occurring
up to and through the date of the hearing, when those violations are
sufficiently similar to those charged, to put respondent on notice
of the nature of the violation.
(3)
If a respondent has been served with a Commissioner's order in conjunction
with a notice of hearing, proof may be adduced with respect to violations
of that order after the underlying violation has been proven.
(4)
On the conclusion of a hearing, the Commissioner shall take such
action as he/she deems proper, and shall execute an order carrying
the findings and determinations into effect.
(5)
The action of the Commissioner may include the assessment of civil
penalties as provided by law.
(6)
The minutes of a formal hearing shall be made available to all parties
for examination at the office of the Commissioner.
(7)
Copies of the minutes of a formal hearing may be purchased at the
rate per page covering the cost thereof.
