Utah Code 19-2a-103. Gasoline vapor recovery — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 19-2a-103
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
(1)(a) “Gasoline cargo tank” means a tank that:
(1)(a)(i) is intended to hold gasoline;
(1)(a)(ii) has a capacity of 1,000 gallons or more; and
(1)(a)(iii) is attached to or intended to be drawn by a motor vehicle.
(1)(b) “Operator” means an individual who controls a motor vehicle:
(1)(b)(i) to which a gasoline cargo tank is attached; or
(1)(b)(ii) that draws a gasoline cargo tank.
(1)(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:
(2)(a) permits the loading of gasoline into the gasoline cargo tank; or
(2)(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:
(3)(a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of:
(3)(a)(i) a properly installed and maintained vapor collection and control system that is equipped with fittings that:
(3)(a)(i)(A) make a vapor-tight connection; and
(3)(a)(i)(B) prevent the release of gasoline vapors by automatically closing upon disconnection; and
(3)(a)(ii) submerged filling or bottom filling methods; and
(3)(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)
(5)(a) The department may fine an operator who violates this section:
(5)(a)(i) up to $1,000 for a first offense; or
(5)(a)(ii) up to $2,000 for a second offense.
(5)(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).