[Adopted 5-13-2008 by Res. No. 2008-50]
The Board of County Commissioners wishes to ensure that any fueling or refueling of aircraft to be done on the Airport premises be done in a safe, orderly and reasonable manner, in compliance with the regulations and procedures set forth in this article, in order to protect the Airport sponsor, its employees, tenants, patrons and the general public from any fueling practice which may be unsafe, unsightly or otherwise detrimental to the public welfare or which would affect the proper and efficient use of the Airport or is facilities. This article is intended to expand upon the terms and conditions that address fuel operations at the Airport set forth in Article III of this chapter, as amended. If there is any inconsistency between the provisions of this article and Article III of this chapter, this article shall apply.
This Airport Fuel Policy is adopted pursuant to authority conferred upon the County by NMSA §§ 4-37-1, 4-37-3, 4-37-4 and 3-39-4, by Article II, Commercial Aeronautical Activities, and by the FAA's Airport's Compliance Handbook, FAA Advisory Circular 150/5190-7, Minimum Standards for Commercial Aeronautical Activities, and FAA grants assurances. The policy shall be administered by the Airport Administrator and/or his authorized designees. Issues arising under the policy may be referred to the Airport Advisory Board for consideration and recommendations.[1]
All present and future fuel dispensers will
be required to apply for a permit to conduct fueling operations at
the Airport and to execute a fuel dispenser's agreement consistent
with this article and as required by the Airport administration.
The use of the masculine gender includes the
feminine or neuter gender where applicable; and the use of the singular
includes the plural where applicable. As used in this article, the
following terms shall have the meanings indicated:
A device that is used or intended to be used for flight in
the air.
An owner or operator of an aircraft that is based at and
fueled the Airport.
The Doña Ana County Airport at Santa Teresa.
The County Manager, Airport Manager or their designees.
A board established by the County Commission to advise the
Commission of matters dealing with the Airport.[1]
The Board of County Commissioners of Doña Ana County.
Five gallons or more of stored fuel that is not in aircraft
fuel tanks.
An organization formed by two or more aircraft owner/operators
at the Airport for purposes of self-fueling.
Doña Ana County or the Board of County Commissioners,
as the context requires.
Fuel designed for use by aircraft. The most common fuels
are gasoline designed for use in reciprocating engines (commonly called
"AvGas" or "AvFuel") and jet fuel but also includes automotive gas,
propane, diesel or any other fuel intended for use in aircraft.
Anyone authorized by the County to bring fuel onto and/or
store or dispense fuel at the Airport.
An area specified on the Airport Layout Plan designated for
bulk fuel storage.
A commercial business granted the right by the airport sponsor
to operate on an airport and provide aeronautical services such as
fueling, hangaring, tie-down and parking, aircraft rental, aircraft
maintenance, flight instruction, etc.
An agreement between the County and a permittee setting forth
the rights, terms and conditions of the permittee's acquisition of,
sale and/or distribution of and use of fuel for aviation activity
at the Airport.
An owner/operator of aircraft at the Airport that is given
a permit by the County to sell, purchase or otherwise provide for
fuel for his aircraft.
An owner or operator of aircraft who is a tenant at the Airport
who provides fuel for his aircraft only with his own employees and
using his own equipment.
The following are requirements to be observed
by all fuel dispensers:
A.
The fuel dispenser shall keep its fuel tanks, trucks
and other apparatus in good and safe working order and keep its fueling
areas in a safe and neat condition.
B.
The Airport administrator may inspect the fuel dispenser's
premises and storage facilities, including tanks and trucks or other
fueling apparatus, at any reasonable time with or without notice in
order to determine the fuel dispenser's compliance with the permit,
County policy or other federal, state and local laws.
C.
Prior to any installation or initial use of any bulk
storage tank by a fuel dispenser, the tank must be inspected and permitted
by the State Environmental Protection Agency Tank Department and the
State Fire Marshal.
D.
In order to comply with FAA regulations regarding
construction at airports, the fuel dispenser must complete and file
an FAA Form 7460-1 with the FAA and provide a copy of the submission
to the Airport Manager no later than 90 days before installation.
E.
Within five days of any fuel delivery to bulk storage,
the fuel dispenser receiving the fuel will provide a clear copy of
the delivery invoice to the Airport Manager showing the amount of
fuel delivered. Each fuel dispenser shall be charged and is to pay
to the Airport sponsor a fuel flowage fee of $0.06 per gallon (or
as otherwise specified in the fuel dispenser's airport lease) based
upon the amount of fuel delivered. Payment is due within 25 days of
billing by the County; unpaid invoices may be subject to a late fee
of $25 per month.
F.
This permit may not be transferred by the fuel dispenser
to another person or entity, and any attempted transfer is void.
G.
The term of the permit shall be for a period of 12 months or until
terminated by the fuel dispenser upon 30 days' notice to the
Airport sponsor or terminated by the Airport sponsor for a violation
by the fuel dispenser of a material term of the permit, or this article,
or of other federal, state or local law. In addition, the permit terminates
upon the termination of the fuel dispenser's separate airport
lease with the County, as provided for in the separate Airport lease
terms, or upon the assignment of the fuel dispenser's leased
premises.
[Amended 4-28-2015 by Res. No. 2015-26]
H.
Certificate of insurance.
(1)
Each fuel dispenser is to carry liability insurance
to cover any losses that the County may experience as a result of
the fuel dispenser's fueling operations. If the fuel dispenser's current
liability policy, provided under his airport lease requirements, does
not cover fueling operations, then he must take action to include
that coverage for that activity in his current insurance policy or
secure separate coverage and have the County named as an additional
insured for that coverage. Evidence of this insurance coverage is
to be provided to the County Risk Manager.
I.
Upon the termination of the permit, the fuel dispenser
shall cease its fueling operations and shall remove its fueling operations
apparatus from the Airport premises. If a fuel dispenser fails to
remove the fueling tanks, trucks and other apparatus within 60 days
of the termination of this permit, then, at the option of the County,
title to that property shall vest in the County or the County may
cause and provide for its removal at the fuel dispenser's expense.
In order to sell fuel at the Airport, a fuel dispenser must become an FBO. The criteria for becoming an FBO is contained in Article II, Commercial Aeronautical Activities, of this chapter.
An owner/operator of a private aircraft who
is also a tenant of the Doña Ana County Airport may use his
own equipment and products to fuel or refuel his own aircraft.
A.
All fueling of private aircraft must be performed
by the self-fueler or his employees, which includes officers, partners,
or members of the owner, utilizing the owner's/operator's equipment,
fuel and bulk storage tank. Individuals who fuel private aircraft
must be properly trained in:
B.
Training will be documented and provided to the Airport Manager annually
upon renewal of the fuel dispenser annual permit and agreement.
[Amended 4-28-2015 by Res. No. 2015-26]
C.
Private aircraft fueling must comply with all applicable
statutes, rules and regulations enacted by the federal, state or local
authorities, as well as this article.
D.
The self-fueler's employees, equipment, fuel and bulk
storage tank may only be used for the fueling of the owner's/operator's
own aircraft. That aircraft must be based at the Doña Ana County
Airport and registered with the State of New Mexico Aviation Division.
No person may provide fuel by sale, barter, gift or other means to
an aircraft other than that identified aircraft.
E.
The self-fueler may not contract with an off-Airport
company to enter the Airport property and fuel or refuel any aircraft.
Because a co-op does not meet the description
for self-fueling as described in applicable FAA advisory circulars,
the County does not officially authorize the existence of co-ops as
self-fuelers. However, it does recognize the existence of two co-ops
predating this article that have been operating as such for a period
of some time at the Airport and will "grandfather" those two co-ops
existing on April 2, 2008, into this article and permit them to continue
to conduct fueling operations with adherence to the regulations and
procedures set forth in this article, provided they execute a fuel
dispenser's agreement with the County within 30 days of the adoption
of this article.
A.
No new co-ops shall be permitted to operate on the
Airport.
B.
The existing co-ops shall comply with the fueling regulations and procedures set forth in § 125-41 of this article.
C.
No additional members may be added to these existing
co-ops, and no new members are to be substituted for the existing
members. In addition, should any member of the co-op cease to own
or operate an aircraft or should he base his aircraft at a location
other than the Airport for a period of six months or more, that member
will no longer be considered a part of the co-op, and he may not be
replaced.
D.
The fuel dispenser's agreement shall be signed by
all the owners/operators forming the co-op.
E.
The co-op shall execute a new fuel dispenser's agreement with
the County each year on or before the one-year-anniversary of the
previous agreement. If allowed to lapse, the co-op's authorization
to store or dispense fuel on the Airport shall be automatically terminated.
[Amended 4-28-2015 by Res. No. 2015-26]
F.
Each co-op shall identify in an attachment to the
fuel dispenser's agreement by name those individuals authorized by
the co-op to operate the co-op equipment or dispense fuel to co-op
aircraft. The co-op shall notify the Airport Manager in writing within
30 days of any replacements, additions, or deletions of authorized
individuals.
G.
Each fuel dispenser's agreement shall list those aircraft
owned and/or operated by those persons forming the co-op that will
be fueled by the co-op. The co-op shall notify the Airport Manager
of any addition or change to owned/operated aircraft within 30 days
of such replacement, and execute a new fuel dispenser's agreement.
Only listed aircraft may be refueled using the co-op's fuel and/or
equipment.
This article shall be enforced by the Airport
Administrator. A violation of this article may also be considered
as a material breach of the Airport lease agreement between the violator
and the County. The violator may be subject to the cancellation of
his fuel permit and/or the commencement of proceedings to terminate
the lease. No omission of the County to enforce any provision of this
article or to take action upon a violation shall be considered as
a waiver of the provision or the violation and shall not preclude
the County from requiring compliance or taking action at a later time
for the existing or subsequent violation.
The Board of County Commissioners may amend
this article or any term thereof by resolution as it deems it to be
in the best interests of Airport operations, taking into consideration
recommendations, if any, of the Airport Advisory Board.
