[Adopted 5-19-1983 by L.L. No. 12-1983]
For the purpose of this article, the following words and phrases shall have the meanings indicated:
CALENDAR DAY
The time from 12:00 midnight to 12:00 midnight, including Sundays and holidays, and as such term is or may be defined and construed by and under the New York State General Construction Law § 19.
DIRECTOR
The Director of the Rockland County Department of Weights and Measures.
MOTOR FUEL
Liquid used as fuel for internal-combustion engines. This term shall specifically include, but not necessarily be limited to, gasoline, diesel fuel and gasohol.
MOTOR FUEL DEVICE
A device designed for the measurement and delivery of motor fuel.
MOTOR FUEL DISPENSING FACILITY
Any gasoline station, service station, repair shop or other place or premises where motor fuel is sold, offered for sale or allowed to be sold to the general public at retail.
MOTOR VEHICLE
Such term as it is or may be defined by the New York State Vehicle and Traffic Law.
OPERATOR
The person in charge of a motor fuel dispensing facility. This term shall specifically include, but not necessarily be 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.
A. 
The operator of a motor fuel dispensing facility shall be required to measure the level of water contained in each motor fuel storage tank located at such facility at least once each calendar day, on any calendar day during which the facility is open to the public for any portion of such day.
B. 
In addition to the requirement contained in Subsection A hereof, the operator of a motor fuel dispensing facility shall also be required to measure the level of water contained in each motor fuel storage tank located at such facility within one hour after a delivery of motor fuel has been made to any such storage tank, except that if a delivery of motor fuel is made while a motor fuel dispensing facility is not open to the public, then the obligations of this subsection may be fulfilled by measuring the level of water contained in each storage tank into which motor fuel was delivered within one hour after the motor fuel dispensing facility opens to the public.
[1]
Editor's Note: Former § 247-17, Air dispenser required, adopted 5-8-1984 by L.L. No. 5-1984, was repealed 12-1-1992 by L.L. No. 11-1992.
A. 
No person shall sell or offer for sale motor fuel from a motor fuel dispensing facility unless the operator of such facility has complied with the duties set forth in § 274-16 hereof.
B. 
No person shall sell or offer for sale motor fuel from a motor fuel device which draws from a storage tank at a motor fuel dispensing facility, which contains more than two inches of water.
C. 
No person shall sell or offer for sale motor fuel from a motor fuel device which draws from any storage tank during the time in which a delivery of motor fuel is being made to or into such storage tank, unless the operator of the motor fuel dispensing facility 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.
The Director or his designated representative shall have the power to impose upon any person who shall violate any of the provisions of this article a civil penalty of not less than $50 nor more than $500 for each such violation.