19-2a-103. Gasoline vapor recovery -- Penalties.
(1) As used in this section:
(a) "Gasoline cargo tank" means a tank that:
(i) is intended to hold gasoline;
(ii) has a capacity of 1,000 gallons or more; and
(iii) is attached to or intended to be drawn by a motor vehicle.
(b) "Operator" means an individual who controls a motor vehicle:
(i) to which a gasoline cargo tank is attached; or
(ii) that draws a gasoline cargo tank.
(c) "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:
(a) permits the loading of gasoline into the gasoline cargo tank; or
(b) loads a petroleum 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 a petroleum storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if:
(a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of:
(i) a properly installed and maintained vapor collection and control system that is equipped with fittings that:
(A) make a vapor-tight connection; and
(B) prevent the release of gasoline vapors by automatically closing upon disconnection; and
(ii) submerged filling or bottom filling methods; and
(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)(a) The department may fine an operator who violates this section:
(i) up to $1,000 for a first offense; or
(ii) up to $2,000 for a second offense.
(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 a petroleum 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).