[HISTORY: Adopted by the Legislature of the County of Putnam 2-16-1989
by L.L. No. 4-1989. Amendments noted where applicable.]
This chapter prescribes regulations regarding the sale of motor vehicle
fuel and the prohibition of water contamination, lead contamination and the
proper labeling 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:
Any petroleum liquid suitable for the generation of power by combustion
in compression ignition (diesel) engines.
The Putnam County Director of Weights and Measures.
Any person who transports or stores or causes the transportation
or storage of gasoline from any point to any other point as a commercial enterprise.
Any fuel sold in Putnam 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 .05 grams of lead per gallon or
more than .005 grams 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 antiknock characteristics of a grade or typing
or type of automotive gasoline as more fully defined in 15 U.S.C. § 2821
and the applicable federal regulations pursuant thereto.
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 .05 grams of lead per gallon and
not more than .005 grams of phosphorus per gallon.
The water, octane, lead and phosphorus content of gasoline will be determined
by such tests as may be approved by the Director. Any certificate duly signed
by a chemist, analyst or other expert employed by the Director or any analysis,
examination or investigation made by such analyst, chemist or expert with
respect to any sample of gasoline which the Director has caused to be examined
shall be presumptive evidence of the facts therein stated.
The Director or his 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 Director for
inspection at his demand.
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 their employee or agent shall
sell, introduce or cause or allow the introduction of leaded gasoline into
any motor vehicle which is labeled "unleaded gasoline only."
B.
No operator, distributor or their 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.
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.
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.
J.
All motor fuel kept, offered or exposed for sale or sold
at retail containing at least 1% by volume of any alcohol or combination of
alcohols shall be identified as such using the words "with" or "containing"
and, in conjunction, shall also identify the maximum volume percentages to
the nearest whole percent and the name of each alcohol additive on the upper
50% of the dispenser front panel in a position that is clear and conspicuous
from the driver's position, in a type at least 1/2 inch in height, 1/16
inch stroke (width of type).
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Example 1:
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Contains 10% Ethanol
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|---|---|---|
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Example 2:
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Contains alcohol
| |
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5% Methanol
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2% Tertiary butanol
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K.
The operator must be provided, at the time of delivery
of the fuel, on an invoice, bill of lading, shipping, paper or other documentation,
the presence and maximum amount of ethanol methanol or any type of alcohol
(in terms of percent by volume) contained in the fuel. This documentation
is only for dispenser labeling purposes; it is the responsibility of any potential
blender to determine the total oxygen content of the motor fuel before blending.
L.
Diesel fuel shall meet current American Society for Testing
and Materials (ASTM) D-975 Standard Specifications for Diesel Fuel Oils.
A.
Any distributor who violates this chapter shall be subject
to a civil penalty and shall pay to Putnam 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.
C.
Any operator who violates any other sections of this
chapter shall be subject to a civil penalty and to Putnam 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.
D.
In the absence of evidence of an intent to defraud, the
Director shall refer the violation to the Putnam County Attorney for commencement
of a civil action in the name of Putnam 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 Director before
the matter is referred to the Putnam County Attorney, and thereafter by the
Putnam County Attorney.
E.
All moneys collected shall be deposited in the general
fund of the County of Putnam.
A.
This chapter shall be enforced by the Putnam County Department
of Weights and Measures who 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.
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.
