Gasoline vapor recovery -- Penalties.

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  • (1) As used in this section:
    • (a) "Gasoline cargo tank" means a tank that:
      • (i) is intended to hold gasoline;
      • (ii) has a capacity of 1,000 gallons or more; and
      • (iii) is attached to or intended to be drawn by a motor vehicle.
    • (b) "Operator" means an individual who controls a motor vehicle:
      • (i) to which a gasoline cargo tank is attached; or
      • (ii) that draws a gasoline cargo tank.
    • (c) "Underground storage tank" means the same as that term is defined in Section 19-6-102.
  • (2) The operator of a gasoline cargo tank shall comply with requirements of this section if the operator:
    • (a) permits the loading of gasoline into the gasoline cargo tank; or
    • (b) loads an underground storage tank with gasoline from the gasoline cargo tank.
  • (3) Except as provided in Subsection (6), the operator of a gasoline cargo tank may permit the loading of gasoline into a tank described in Subsection (2) or load an underground storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if:
    • (a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of:
      • (i) a properly installed and maintained vapor collection and control system that is equipped with fittings that:
        • (A) make a vapor-tight connection; and
        • (B) prevent the release of gasoline vapors by automatically closing upon disconnection; and
      • (ii) submerged filling or bottom filling methods; and
    • (b) the resulting vapor emitted into the air does not exceed the levels described in Subsection (4).
  • (4) Vapor emitted into the air as a result of the loading of a tank under Subsection (3) may not exceed 0.640 pounds per 1,000 gallons transferred.
  • (5)
    • (a) The department may fine an operator who violates this section:
      • (i) up to $1,000 for a first offense; or
      • (ii) up to $2,000 for a second offense.
    • (b) An operator who violates this section is guilty of a class C misdemeanor for a third or subsequent offense.
  • (6) If a facility at which an underground storage tank is located does not have the equipment necessary for an operator of a gasoline cargo tank to comply with Subsection (3), the operator is excused from the requirements of Subsections (3) and (4) and may not be fined or penalized under Subsection (5).




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