19-2a-103. Gasoline vapor recovery -- Penalties.
(1) As used in this section: "Gasoline cargo tank" means a tank that: is intended to hold gasoline; has a capacity of 1,000 gallons or more; and is attached to or intended to be drawn by a motor vehicle. "Operator" means an individual who controls a motor vehicle: to which a gasoline cargo tank is attached; or that draws a gasoline cargo tank. "Petroleum storage tank" means the same as that term is defined in Section. 19-6-402
(2) The operator of a gasoline cargo tank shall comply with requirements of this section if the operator: permits the loading of gasoline into the gasoline cargo tank; or loads a petroleum storage tank with gasoline from the gasoline cargo tank.
(3) Except as provided in Subsection, the operator of a gasoline cargo tank may permit the loading of gasoline into a tank described in Subsectionor load a petroleum storage tank with gasoline from the gasoline cargo tank described in Subsectiononly if: (6) (2) (1) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of: a properly installed and maintained vapor collection and control system that is equipped with fittings that: make a vapor-tight connection; and prevent the release of gasoline vapors by automatically closing upon disconnection; and submerged filling or bottom filling methods; and 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 Subsectionmay not exceed 0.640 pounds per 1,000 gallons transferred. (3)
(5) The department may fine an operator who violates this section: up to $1,000 for a first offense; or up to $2,000 for a second offense. 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 a petroleum storage tank is located does not have the equipment necessary for an operator of a gasoline cargo tank to comply with Subsection, the operator is excused from the requirements of Subsectionsandand may not be fined or penalized under Subsection. (3) (3) (4) (5)