(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 19-2a-103

(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)  “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:

(a)  permits the loading of gasoline into the gasoline cargo tank; or

(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:

(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 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).

Renumbered and Amended by Chapter 120, 2018 General Session

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