[HISTORY: Adopted by the County Legislature
of the County of Ulster by L.L.
No. 5-1989. Amendments noted where applicable.]
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:
The Director of Weights and Measures.
[Amended 8-17-2010 by L.L. No. 3-2010]
Any person who transports or stores or causes the transportation
or storage of gasoline from any point to any other point.
Any fuel sold in Ulster County for use in motor vehicles
and motor vehicle engines and commonly or commercially known or sold
as gasoline.
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]
Gasoline which contains more than 0.005 gram of lead per
gallon.
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]
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.
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.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or any other
entity or business organization of any kind.
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]
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.
A.
No operator, distributor or its employee or agent
shall sell, introduce or cause or allow the introduction of leaded
gasoline into any motor vehicle which is labeled "unleaded gasoline
only."
B.
No operator, distributor or its employee or agent
shall sell, expose for sale or offer for sale any gasoline in any
manner whatsoever so as to deceive or tend to deceive the purchaser
as to the nature, quality and identity of the gasoline so sold or
offered for sale.
C.
Each operator shall affix to each gasoline pump stand
a permanent legible label as follows:
(1)
For gasoline pump stands containing pumps for the
introduction of unleaded gasoline into motor vehicles, the label shall
state "unleaded gasoline".
(2)
For gasoline pump stands containing pumps for the
introduction of super unleaded gasoline or premium unleaded gasoline
into motor vehicles, the label shall state "premium unleaded gasoline."
(3)
For gasoline pump stands containing pumps for the
introduction of leaded gasoline into motor vehicles, the label shall
state "leaded gasoline."
(4)
For gasoline pump stands containing pumps for the
introduction of diesel fuel into motor vehicles, the label shall state
"diesel fuel."
(5)
Each gasoline pump shall clearly identify the octane
rating of the gasoline dispensed from said pump.
(6)
The Ulster County Bureau of Weights and Measures shall issue stickers
that state the Ulster County Consumer Fraud Bureau telephone number
and the Ulster County Bureau of Weights and Measures Consumer Complaint
telephone number to every operator which shall be affixed to each
gasoline pump.
[Added 9-24-2013 by L.L. No. 4-2013]
(7)
Displaying
gasoline prices in a manner which fails to include and make plainly
visible to the consumer of the difference, if any, between the price
per gallon for payment by cash, debit, or credit shall be prohibited.
For example, a sign which only reveals the price per gallon for a
cash payment but fails to include and make equally and plainly visible
the price per gallon by debit or credit payment, when a difference
in price exists, shall constitute a deceptive trade practice. However,
a sign which does not distinguish between the price per gallon for
payment by cash and payment by credit or debit shall not be considered
a deceptive trade practice, only if the price per gallon is the same
regardless of the form of payment. The price of gasoline available
to retail customers on one or more signs must be so positioned and
lit so that the price that the signs display will be readily seen
by motorists approaching the gasoline station at any time that the
gasoline station is open for business to supply gasoline. If only
one price is posted, such signs must display in all instances the
price of gasoline at the standard retail price available to all customers,
without any discounts or special offers. If discounted pricing is
displayed on the sign it must be of the same size as the regular price
of gasoline.
[Added 9-23-2014 by L.L.
No. 4-2014]
D.
Any label required under Subsection C of this section shall be located so as to be readily visible to the operator's employees and customers.
E.
The operator of a gasoline station shall be required
to measure the level of water contained in each gasoline storage tank
located at such facility at least once each day on any day during
which the facility is open to the public for any portion of such day.
F.
The operator of a gasoline station shall be required
to measure the level of water contained in each gasoline storage tank
located at such facility within one hour after delivery of gasoline
has been made to any such storage tank, except that if a delivery
of gasoline is made during a time in which the gasoline station is
not open to the public, then the operator shall measure the level
of water contained in each gasoline storage tank into which gasoline
was delivered within one hour after the gasoline station facility
opens to the public.
G.
No operator shall sell or offer for sale any gasoline
which draws from a storage tank at a gasoline station which contains
more than two inches of water.
H.
No operator shall sell or offer for sale gasoline
from a pump which draws from any storage tank during the time in which
a delivery of gasoline is being made to or into such tank unless the
operator of the gas station shall have measured the level of water
contained in any storage tank immediately before the delivery begins
and determined that the storage tank contains no more than two inches
of water.
A.
Any distributor who violates this chapter shall be
subject to a civil penalty and shall pay to Ulster County the amount
of $5,000 for each and every day of the continuance of such violation.
Violation shall be presumed to have begun on the last delivery of
gasoline to that pump's storage tank.
B.
Any operator who violates this chapter shall be subject
to a civil penalty and shall pay to Ulster County the amount of $1,000
for each and every day of continuance of such Violation. Violation
shall be presumed to have begun on the last delivery of gasoline to
that pump's storage tank.
[Amended by L.L. No. 4-1991]
C.
Where there is evidence of intent to defraud, the
Director may refer evidence of such violation to the Ulster County
District Attorney or, in the absence of intent to defraud, refer the
violation to the Ulster County Attorney for commencement of a civil
action in the name of Ulster County to recover a civil penalty in
the amount prescribed in this chapter. A cause of action for recovery
of such penalty may be released, settled or compromised by the Director
before the matter is referred to the Ulster County Attorney and thereafter
by the Ulster County Attorney.
D.
All moneys collected shall be deposited in the general
fund of the County of Ulster.
A.
This chapter shall be enforced by the Ulster County
Consumer Fraud Bureau, Division of Weights and Measures, which shall
have the authority to condemn any equipment used in dispensing gasoline
in violation of this chapter or to order such a condition rectified
within 24 hours.
[Amended 8-17-2010 by L.L. No. 3-2010]
B.
Any condemnation of equipment shall be in accordance
with the procedure set forth in Article 16 of the State of New York
Agriculture and Markets Law.
A.
Initiation of action; hearing officer; notice of hearing.
(1)
The Director may cause to be held a formal hearing
on any alleged violation of this chapter. A formal hearing shall be
on due and adequate notice to the person(s) concerned and shall be
set down for a day certain.
(2)
The Director is empowered to appoint a hearing officer
who shall conduct a formal hearing. The hearing officer may be an
impartial employee of the Consumer Fraud Bureau, Division of Weights
and Measurers, and who has not been involved in any way with the action
in question.
[Amended 8-17-2010 by L.L. No. 3-2010]
(5)
The hearing officer shall thereafter prepare findings
of fact, conclusions, and recommendations on which the Director shall
make a formal order setting forth the determination, conditions if
any to be complied with, and civil penalties, if any.
(6)
A copy of the order of the Director following the
formal hearing shall be served on all respondents.
(7)
Nothing herein contained shall preclude the Director
from taking any action in addition to the formal hearing herein provided
for, as may be prescribed by law, nor shall the Director be precluded
from taking such other action by virtue of the order made pursuant
to this section.
B.
Service of an order or notice of hearing shall be
made as follows:
(1)
Enclosing the order or notice in a post-paid envelope
directed to the person(s) concerned at the address last known to the
Director and depositing such envelope in an official depository maintained
by the United States Post Office;
(2)
Leaving the order or notice with the person concerned
or with a person in charge of the premises; or
(3)
Posting the order or notice at the entrance door of
the premises involved.
C.
The Director, the designated hearing officer or the
Ulster County Attorney may issue subpoenas on the request of any party
to the proceedings of any formal hearing set down by the Director.
D.
Evidence; action; minutes.
(1)
The hearing officer shall not be bound by the rules
of evidence in the conduct of a hearing, but the determination shall
be founded on sufficient factual evidence to sustain it.
(2)
Proof may be adduced with respect to ongoing violations
occurred up to and through the date of the hearing, when those violations
are sufficiently similar to those charged, to put the respondent on
notice of the nature of the violation.
(3)
If a respondent has been served with a Director's
order in conjunction with a notice of hearing, proof may be adduced
with respect to violations of that order after the underlying violation
has been proven.
(4)
On the conclusion of a hearing, the Director shall
take such action as he deems proper and shall execute an order carrying
the findings and determinations into effect.
(5)
The action of the Director may include the assessment
of civil penalties as provided by law.
(6)
The minutes of a formal hearing shall be made available
to all parties for examination at the office of the Director.
(7)
Copies of the minutes of a formal hearing may be purchased
at the rate per page covering the cost thereof.
