[Adopted 10-11-1983 by L.L. No. 20-1983 (Ch. 313, Art. III,
of the 1985 Code)]
A.
The Legislature finds that many consumers have been victimized by
the sale of motor fuels containing an excess amount of lead in Suffolk
County due to pump tampering and the intermingling of leaded and unleaded
fuels. Motor fuel containing an excess amount of lead 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, including damage to catalytic
converters.
B.
The purpose of this article is to minimize the incidence of the sale
of motor fuels containing an excess amount of lead and to diminish
the amount of damage so caused by prohibiting such sales and authorizing
the condemnation of gasoline pumps used to dispense lead-contaminated
fuel.
[Amended 3-28-2000 by L.L. No. 6-2000]
As used in this article, the following terms shall have the
meanings indicated:
Liquid used as fuel for internal combustion engines. This
term shall specifically include, but is not necessarily limited to,
gasoline, diesel fuel and gasohol.
Any fuel sold for use in motor vehicles and motor vehicle
engines and commonly or commercially known or sold as "gasoline."
An ether which is a colorless liquid with a boiling point
of 55° C. and a density of 0.74 g/ml which is manufactured by
reacting methanol and isobutylene.
A device designed for the measurement and delivery of fuel.
Any gasoline station, service station, repair shop or other
place or premises where fuel is sold, offered for sale or allowed
to be sold to the general public.
Such term as it is or may be defined by the New York Vehicle
and Traffic Law.
The County Office of Consumer Affairs.
The person in charge of a motor-fuel dispensing facility.
This term shall specifically include, but is not necessarily 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.
[Amended 3-28-2000 by L.L. No. 6-2000]
A.
No person or operator shall sell, offer for sale or dispense leaded
fuel from a motor-fuel device used or designated for unleaded fuel
at any motor-fuel dispensing facility within the County of Suffolk.
B.
No person shall import into the County of Suffolk for sale, or sell,
dispense or offer for sale within the County of Suffolk, any gasoline
which contains the additive methyl tertiary butyl ether for use as
an oxygenate in such gasoline.
C.
The Suffolk County Office of Consumer Affairs and the Suffolk County
Director of Weights and Measures, or an authorized representative
of either, upon presentation of appropriate credentials, shall have
the right to enter upon or through any retail outlet, motor-fuel dispensing
facility, or the premises of any distributor or operator, to make
inspections, take samples and conduct tests to determine the lead
content of fuel and to determine the content of methyl tertiary butyl
ether as an oxygenate additive of fuel and to ensure compliance with
this article.
[Amended 3-28-2000 by L.L. No. 6-2000]
B.
In addition, the Suffolk County Director of Weights and Measures
shall have the authority to condemn any motor-fuel device or associated
equipment used in the dispensing of lead-contaminated motor fuel or
gasoline containing methyl tertiary butyl ether additive or to order
such a condition corrected within 24 hours.
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 with the standards, specifications, tolerances or variations
allowable as established by the Suffolk County Department of Consumer
Affairs for the purposes of this article, 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.
The Commissioner of the Department of Consumer Affairs is hereby
authorized to promulgate and issue such rules and regulations as he
may deem necessary to implement the provisions of this article.
