This chapter prescribes regulations regarding
the sale of motor vehicle fuel and the prohibition of water contamination
or 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 contamination
of a fuel or its improper use will endanger the public health or 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:
DIRECTOR
The Director of Weights and Measures.
[Amended 8-17-2010 by L.L. No. 3-2010]
DISTRIBUTOR
Any person who transports or stores or causes the transportation
or storage of gasoline from any point to any other point.
GASOLINE
Any fuel sold in Ulster County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as gasoline.
GASOLINE STATION
Any motor vehicle 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.
[Amended 8-17-2010 by L.L. No. 3-2010]
LEADED GASOLINE
Gasoline which contains more than 0.005 gram of lead per
gallon.
MOTOR VEHICLE FUEL
Liquid used as fuel for internal combustion engines. This
term shall specifically include, but not be limit to, gasoline and
diesel fuel.
[Amended 8-17-2010 by L.L. No. 3-2010]
OCTANE
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.
OPERATOR
The person in charge of the gasoline station. This term shall
specifically include, but is not limited to, the owner, lessee, manager,
assistant manager or any other person in charge of the operations
or activities of a gasoline station.
PERSON
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or any other
entity or business organization of any kind.
STORAGE TANK
Any reservoir or container used for holding of motor vehicle
fuel. This term includes, but is not limited to, aboveground gasoline
tanks, underground gasoline tanks, and delivery gasoline tanks or
trucks.
[Amended 8-17-2010 by L.L. No. 3-2010]
UNLEADED GASOLINE
Gasoline containing not more than 0.05 gram of lead per gallon
and not more than 0.005 gram of phosphorous 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 the Director's 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 records of the purchase, storage and sale of motor
vehicle fuel, and particularly any and all records required to be
kept pursuant to this chapter.
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.