Chapter 19.08
GASOLINE DISPENSING REGULATIONS
Sections:
19.08.040 Violations and penalties.
19.08.010 Definitions.
“Constructed” means fabricated, erected, or installed and refers to any facility, emission source, or air pollution control equipment.
“Employee” means any person who performs work for an employer for compensation.
“Facility” means any building, structure, installation, operation, or combination thereof located on contiguous properties and under common ownership that provides for the dispensing of motor vehicle fuel.
“Gasoline Dispensing Facility” means any facility where gasoline is dispensed into motor vehicle fuel tanks or portable containers from a storage tank with a capacity of two thousand one hundred seventy-six (2,176) liters (five hundred seventy-five (575) gallons) or more. Diesel fuel and kerosene are not considered to be motor vehicle fuels.
“Motor vehicle” means any self-propelled vehicle powered by an internal combustion engine, including, but not limited to, the following:
Automobiles
Trucks
Motorcycles
“Motor Vehicle Fuel” means any petroleum distillate having a Reid vapor pressure of more than four (4) pounds per square inch and which is used to power motor vehicles. Diesel fuel and Kerosene are not considered to be motor vehicle fuels.
“Owner or Operator” means any person who owns, leases, operates, manages, supervises, or controls, directly or indirectly, a gasoline dispensing facility.
“Vanderburgh County Ozone Officer” means the person specifically employed by Vanderburgh County to enforce, investigate and monitor compliance of the provisions set forth in this Ordinance.
(Ord. Dt. 12/8/97)
19.08.020 Applicability.
A. Except as provided in subsection B, this chapter shall apply to any gasoline storage tank at a gasoline dispensing facility located in Vanderburgh County.
B. This Section shall not apply to gasoline dispensing facilities which have monthly gasoline through puts of less than ten thousand (10,000) gallons per month and:
1. Were in existence prior to July 1, 1989; or
2. Are located at farms or private residences.
(Ord. Dt. 12/8/97)(Amended 6/29/98)
19.08.030 Requirements.
A. After July 1, 1998, no owner or operator of a gasoline dispensing facility shall allow the transfer of gasoline between any transport and any storage tank unless such tank is equipped with the following:
1. A submerged fill pipe.
2. Either a pressure relief valve set to release at no less than seven-tenths (0.7) pounds per square inch or an orifice of five-tenths (0.5) inch in diameter.
3. A vapor balance system connected between the tank and the transport, operating according to manufacturer’s specifications.
B. If the owner or employees of the owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility of the owner or operator of the transport to make certain the vapor balance system is connected between the transport and the storage tank and is operating according to manufacturer’s specifications.
C. Upon request by the Vanderburgh County Ozone Officer, the owner or operator of gasoline dispensing facility which claims to be exempt from the requirements of this Section shall submit records to Vanderburgh County within thirty (30) calendar days from the date of the request which demonstrates that the gasoline dispensing facility is in fact exempt.
(Ord. Dt. 12/8/97)(Amended 6/29/98)
19.08.040 Violations and penalties.
A. Upon notice, the Vanderburgh County Ozone Officer or his agents are authorized to enter the premises of any person subject to this Section for the purpose of investigating non-compliance reports and to verify compliance measures set forth in this Section. If entry is denied, a court order may be sought by the Vanderburgh County Ozone Officer or his agents in the Vanderburgh Superior or Circuit Court to permit such entry upon the property.
B. Failure to comply with any provision of this Section shall constitute a violation of this Section subjecting the person or business to the following:
1. The fine for a violation of A1 under Section 19.08.030 shall be not less than $1,000.00 (one thousand dollars), nor more than $2,500.00 (two thousand five hundred dollars) per violation.
2. The fine for a violation of A2 under Section 19.08.030 shall be $200.00 (two hundred dollars) per violation.
3. The fine for a violation of A3 under Section 19.08.030 shall be $100.00 (one hundred dollars); each week shall be a separate violation.
C. If a citation is issued by the Vanderburgh County Ozone Officer or his agents for a violation of this Section, a lawsuit concerning the citation may be filed against the alleged violator in the Vanderburgh Superior or Circuit Court.
(Ord Dt. 12/8/97)(Amended 6/29/98)