[Adopted 3-11-1981 by L.L. No. 14-1981 (Ch. 313, Art. II,
of the 1985 Code)]
The Legislature finds that many consumers have been victimized
by the sale of motor fuels containing an excess amount of water in
Suffolk County. Motor fuel containing an excess amount of water results
in consumers getting less value for their motor-fuel dollar, causes
inconvenience when motor vehicles stall and break down and causes
expensive repairs as the result of fuel-system contamination. It is,
therefore, the purpose of this article to minimize the incidence of
the sale of motor fuels containing an excess amount of water and to
reduce the amount of damage caused thereby by requiring motor-fuel
facility operators to periodically check the quantity of water in
the motor fuel dispensed and stored at their facilities and by prohibiting
the sale of motor fuel when the water exceeds a specified safe level.
As used in this article, the following terms shall have the
meanings indicated:
The time from 12:00 midnight to 12:00 midnight, including Sundays and holidays, and as such term is or may be defined and construed by and under the New York State General Construction Law § 19.
Liquid used as fuel for internal-combustion engines. This
term shall specifically include, but not necessarily be limited to,
gasoline, diesel fuel and gasohol.
A device designed for the measurement and delivery of motor
fuel.
Any gasoline station, service station, repair shop or other
place or premises where motor fuel is sold, offered for sale or allowed
to be sold to the general public at retail.
Such term as it is or may be defined by the New York State
Vehicle and Traffic Law.
The person in charge of a motor-fuel dispensing facility.
This term shall specifically include, but not necessarily be limited
to, the owner, lessee, manager, assistant manager or any other person
in charge of the operations or activities of a motor-fuel dispensing
facility.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
A.
The operator of a motor-fuel dispensing facility shall be required
to measure the level of water contained in each motor-fuel storage
tank located at such facility at least once each calendar day, on
any calendar day during which the facility is open to the public for
any portion of such day.
B.
In addition to the requirement contained in Subsection A hereof, the operator of a motor-fuel dispensing facility shall also be required to measure the level of water contained in each motor-fuel storage tank located at such facility within one hour after a delivery of motor fuel has been made to any such storage tank, except that if a delivery of motor fuel is made while a motor-fuel dispensing facility is not open to the public, then the obligations of this subsection may be fulfilled by measuring the level of water contained in each storage tank into which motor fuel was delivered within one hour after the motor-fuel dispensing facility opens to the public.
A.
No person shall sell or offer for sale motor fuel from a motor-fuel dispensing facility unless the operator of such facility has complied with the duties set forth in § 494-8 hereof.
B.
No person shall sell or offer for sale motor fuel from a motor-fuel
device which draws from a storage tank at a motor-fuel dispensing
facility which contains more than two inches of water.
C.
No person shall sell or offer for sale motor fuel from a motor-fuel
device which draws from any storage tank during the time in which
a delivery of motor fuel is being made to or into such storage tank
unless the operator of the motor-fuel dispensing facility shall have
measured the level of water contained in any such storage tank immediately
before the delivery begins and shall have determined that the storage
tank contains no more than two inches of water.
[Amended 10-11-1983 by L.L. No. 19-1983]
[Amended 10-11-1983 by L.L. No. 19-1983[1]]
A.
This article shall be enforced by the Suffolk County Department of
Consumer Affairs and the Suffolk County Sealer.
B.
Whenever any Bureau of Weights and Measures official inspects any
motor-fuel device or associated equipment and finds that it does not
correspond to the standards, specifications, tolerances or variations
allowable as established by the Suffolk County Department of Consumer
Affairs, he shall condemn the same and either seize it or order it
repaired or removed. In the case of a seizure, such device or equipment
may be disposed of only as directed by the County Sealer or his authorized
agent.
C.
No person shall use or attempt to use any motor-fuel device or equipment
to which there has been affixed or upon which there has been placed
any condemnation tag unless such condemnation tag has been removed
therefrom by a Bureau of Weights and Measures official.
D.
No person, except a Bureau of Weights and Measures official, shall
remove any such condemnation tag or obliterate, cover, obstruct or
deface the same or cause any of the foregoing.
