for the

STAGE II VAPOR RECOVERY RULES

Prepared by

Air Quality Division Arizona Department of Environmental Quality

May 1994
EXHIBIT 5

ARIZONA REVISED STATUTES (A.R.S.)

RE: STAGE II VAPOR RECOVERY
Termination under Sunset Law .:

The department of weight and measures shall terminate on July 1, ZOOS, unless continuecL See sf 41—8OO$.O* and 41—2955.

Title J1, Chapter 15, relating to the department of weights and measures is repeated on January 1, 2OO.C by § 41—5003.04..

ARTICLE 1. GENERAL PROVISIONS

§ 41—2051. Definitions

In this chapter, unless the context otherwise requires:

1. “Certification” means the process of determining the accuracy of a commercial device to the standards of this state by a registered service agency, a registered serviceman or the department.

2. “Commercial device” means any weighing, measuring, metering or counting device which is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if such cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging or inventory control. 3. “Commodity” means any merchandise, product or substance produced or distributed for sale to or use by others.

4. “Correct” as used in connection with weights and measures means conformance to all applicable requirements of this chapter.5. “Department” means the department of weights and measures.

6. “Director” means the director of the department of weights and measures.

7. “Inspector” means state inspectors of weights and measures.

8. “Liquid-fuel measuring device” means any meter, pump, tank, gauge or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low viscosity heating oil.

9. “Package” means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail trade.10. “Person” means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporationS, companies, societies and associations.

11. “Primary standards” means the physical standards of the state which serve as the legal reference from which all other standards and weights and measures are derived.

12. “Public weighmaster” means any person who, is engaged in any of the following: (a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing therefor a weight certificate intended to be accepted as an accurate weight upon which a purchase or sale is to be based or on which a service fee is to be charged.

(b) The business of weighing for hire motor vehicles, trailers or seinitrailers and issuing weight certificates intended to be accepted as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment on the vehicles.

49

on.

ito.

prior

ks.

ethe

B

ceed

ired

t,is
p

g

.

. . I.

15. “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale.

primary

16. “Secondary

standards through

standards”

comparisons,

means the physical standards which are traceable to the

the enforcement of weights and measuresusing acceptable laboratory procedures, and used in laws and rules. . . 17. “Weight” as used in connection with any commodity means net weight.

every

18.

kind, “Weights” instruments or “measures”, and devices or both, means all weights, measures, metei-s

r cbuiviers of

appliance and accessories associated for withweighing, measuring, metering, or counting and any Amended any or all such instruments and devices. by Laws 1992, Cli. 176, § 1.

Ilistorical and Statutory Notes ,.

.. ,. their intended use, to prevent.unfair dealing by weight or measure in commodities sold and pur chased in this state and to provide standards and unifonvity for weighing and measuring equip ment.”

ARTICLE 2; STATE ADMINISTRATION OF WEIGHTS AND MEASURES

§ 41—2065. Powers and duties; definition

A. The department shall:

United

•1. Maintain

States custody prototypeof the standards state standards of weight and measure that are traceable to the government or that are otherwise and that are supplied to the states . by the federal approved as being satisfactory by the national institute of standards and technology.

laboratory

2. Keep

of

the

the

state

department primary standards in a safe and suitable place in the nietrology except for repairs or for calibration and insure that they shall not be removed from the laboratory as may be prescribed by the national institute of standards and technology.

3. Keep accurate records of all standards and equipment. 4. Make any rules necessary to carry out the provisions of this chapter and adopt effect reasonable of law.rulesSuchfor rules the enforcement shall be of this chapter, 1which rules shall have the force and adopted pursuant such rules, the director shall consider, to chapter 6 of this tiUe In making by other states and by authority as far as is practicable,.the requirements established of the United States, except that no rules shall be made in copflict with the provisions of this chaflter.

5. Publish such rules adopted pursuant to this chapter and issue appropriate copies at no cost to all new applicants for licensure and certification. Updated copies of the rules shall be distributed, on request, at no cost to the public.

Laws 1993k Cli. 1,17, 3, provides: “Sec 3. Purpose ..

measures

“The purpose of the department of weights and is to assure that weights and measures in commercial service are suitable and accurate for

. ‘

e of 

e

performaninstrurnen’

9. Del€

proper adi

10. Ins

11. Ins

used eithe

(a)Ind

or expOSer

(b) In C(

measure

a

12. TeE

the mainte

13. TeE

commerCia

state as it

and devict

rejected ia

or dispose

may seize

capable of

14. Sat

is stored

f

gasoline

s

director F’

same meat

15. Te

this state s

the law

systems (14

16. Ins

offered fcc

17. Pui

18. We

sold or in 1

and wheth

rules adop

shall empl

institute 01

or rejecte(

19. All

tyhasent gain of mc

in good in

20. Pr

test and ii

i

of

6.

thisInvestigate chapter and,complaints upon made to the department concerning violations of the provisions to develop information relating its own initiative,’ conduct such investigations as deemed appropriate and relating to possible to prevailing procedures in commercial quantity determination objective of accuracy in violations of this chapter, and in order to promote the general transactions. . the determination and representation of quantity in commercial . ‘• ,

50
q

, 

p

tment shall conduct inspections of the instruments, standards or devices and charge a fee pursuant to § 41—2092, subsection B.

9. Delegate to appropriate personnel any of the responsibilities of the director for the proper administration of this chapter.

10. Inspect and test weights and measures kept, offered or exposed for sale.

11. Inspect and test, to ascertain if they are correct, weights and measures commercially used either:

(a) In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on ‘the basis of weight, measure or count.

(b) In computing the basic charge or payment for services rendered on the basis of weight, measure or count . , .

• 12. Test all cot nodities arid weghta and 1neaures used in every, public institution, for the maintenance of which funds are appropriated by ‘the legislature.

13. Test, approve for use ‘and affix a seal of apjoval for ,use of ll weights, ineaáures, commercial devices and liquid fuel measuring devices manufactured in or brought into this state as it finds to be correct, and shall reject and mark as rejected such weights, measures and devices as it finds to be incorrect Weights, measures and devices that have been rejected. may be seized by the department if not corrected within the time specified or if used

may

or disposed of in a inamier not specifically authorized. The department shall condemn and seize weights, measures and devices that are found to be incorrect and that are not capable of being made correct

14. Sample and test gasoline which is stored, sold or exposed or offered for sale or which is stored for use by a fleet owner to determine whether the gasoline meets the standards for gasoline set forth in § 41—2083 and article 6 of this chapter 3and in any rule adopted by the director pursuant to this chapter. For the purposes of this paragraph, “fleet owner” has the same meaning as prescribed in § 41—2121.

15. Test all stage I and stage II vapor recovery systems that are installed or operated in this state not less than annually and if the systems are determined to be in compliance with the law affix a seal of approval for use and reject, mark as rejected and stop the use of those systems determined not to be in compliance with the law.

16. Inspect facilities at which gasoline or oxygenated fuel is stored, sold or exposed or offered for sale to determine whether dispensing devices re properly labeled.

17. Publish and distribute to consumers weighing and measuring information.

18. Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or rules adopted pursuant thereto. In carrying out the provisions of this section, the director shall employ recognized sampling, procedures, such as are designated in appropriate national institute of standards and technology handbooks and supplements thereto, except as modified or rejected by rule.

19. Allow reasonable variations from the stated quantity of contents only after a commodi ty has entered intrastate commerce. Such variations shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice.

20. Prescribe the standards of weight and measure and additional equipment methods of test and inspection to be employed in the enforcement of this chapter. The director may ‘51

is detrmIied ‘at

traceable to the

cedures, and used in

light..

ieters or counters of

counting and any

lidevices.

U

I.’ ‘ i unfair dealink tea sold ,aid pur wovlde standards ‘end

measuring equipMEASURES

•traceable to the

by the federal

onal institute of

Ithe metrology the laboratory sal institute of

iter and adopt ave the force and

e.2.In making

ta established

all be made in

te copies at no

rules shall be

qf the provisions d appropriate

determination

the general

y in commez
25. Establish by rule fees, including late charges, if any, to be paid by a used oil or used oil fuel transporter, generator, marketer or burner to cover the full cost of each test conducted as prescribed by paragraph 24 and issue stop-use and stop-sale orders as provided in subsection

F of this section.

26. Establish by rule labeling standards. for tanks and containers of liquid fuels and used

B. The director may provide for the periodic examination and inspection of metering devices .of utility companies, including but not limited to such devices utilized.tomeasure

usage of electricity, natural gas or water by a consumer

• .C. The director ma establish standards for the preseniation of càsiiiltixformatión • Nothing inthis subsection shall conátrued

W mandate the use of cost-per-unit information in connec6oñ with the sale’f any standard packed commodity. . •. .

D. The director may, when necessary to carry out the provisions of this chapter, adopt and enforce rules relating to quality standards for gasoline, motor fuel, kerosene, oil, except used oil fuel, and hazardous waste fuel, lubricating oils lubricants, antifreeze and other liquid or gaseous fuels. The director shall adopt rules to assure that oxygenated fuels, as described in article 6 of this chapter, stored, used, sold, or exposed or offered for use or sale are blended and stored, sold, exposed or offered in such a manner as to assure that the oxygenated fuels are properly blended, that they meet the standards set forth in 41—2083 and article 6 of this chapter, and in rules adopted pursuant to this chapter, and that dispensers at which the oxygenated fuels are dispensed are labeled as defined by rule of the department in such a manner as to notify persons of the type of oxygenated fuel being dispensed and the maximum percentage of oxygenate by volume contained in the oxygenated fuel. The director of the department of weights and measures shall consult with the director of the department of environmental quality in adopting rules pursuant to this subsection.

E. All testing and inspection conducted pursuant to this chapter shall, to the extent practicable, be done without prior notice and by a random systematic method determined by the director. The testing and inspection may be done by private persons and firms pursuant to contracts entered into by the director in accordance with chapter 23 of this title. 4 The director shall establish, by rule, qualifications of persons and firms for selection for purposes of this subsection. The persons or firms conducting the testing and inspection shall immediately report to the department any violations of the provisions of this chapter and incorrect weights, measures and devices for investigation and enforcement by the depart ment...

A person or firm that tests or inspects a weight, measure or device which is rejected shall not correct the defect causing the rejection.

F. The director has fill enforcement powers prescribed under this section and § 41—2066 with respect to used oil as defined in § 49—801. Fees and late charges collected by the director pursuant to subsection A, paragraph 25 of this section shall be deposited monthly in the weights and measures used oil fund established by § 41—2069. Failure to pay the prescribed fee and late charge, if required, shall result in the department issuing a stop-use or stop-sale order until the fees are paid in full .

G. For purposes of the labeling requirements prescribed in this section, “oxygenated fuel” means a motor fuel blend containing 1.8 per cent or more by weight of oxygen. Amended by Laws 1992, Ch. 176., § 2; Laws 1992, h. 299, § 2.

52

chapter. • . ..• . .

24. Adopt rules to sample and test used oil or used oil fuel to the allowable levels prescribed by § 49-801 and any rules adopted pursuant to § 49401.

oil.

9 

y

“The director of

measures,

in consul

environmental quail

quired under title

4

Revised Statutes, 1

forth in title 41, cha

utes, no later than

rector, in consultatl(

of the attorney gene

§ 41—2066. En

• and rules adopted

agents and inspec

1. Enter any

operating hours, €

his credentials.

2. Issue stopcommercially usec

ties or bulk comn

removal orders wi

of this chapter or

weights and meas

any action taken

• 3. Seizeforus

measure, package

in violation of the

4. Stop any co

evidence of a vi

credentials, inspe(

documents in his

vehicle to some si

B. With respe

director or his ag

• accordance with t

C. The direct*

inspection of real

title 49, chapter

manner and in th

§ 49—433.

Amended by Laws

• ‘Section 41—2051

25tion 49401

§ 41—2068. Fe

The director sh

the state treasur

Arnéndedby Laws
levels

r used

test

5rovided

•used

aetering

en—on

• tion.

adopt

except

liquid

bed

are

hat the

2083

that

f the 4 being

nated

r

tion.

extent

ed by

uant

The

urposes

‘shall

and

.part

ejected

2066

y the

n,yin

the

use

-

-,....,...... . .- .....-....

measures, in consultation with the department of environmental quality, shall adopt the rules re

quired under title 41, chapter 15, article 7, Arizona

Revised Statutes, by emergency procedures set forth in title 41, chapter 10, Arizona Revised Stat

utes, no later than November 1, 1992. The di

rector, in consultation with and with the assistance

of the attorney general, shall maintain emergency

This act is effective only if house bill 2564, fortieth legislature, second regular session [Laws 1992, Ch. 361], is enacted into law.”

1992 Reviser’s Note:

This section contains the amendments made by Laws 1992, Ch. 176, sec. 2 and Cli. 299, sec. 2 that

were blended together as shown above pursuant to authority of § 41—1304.03.

I,

a.

§ 41—2066. Enforcement powers of the director, and inspectors

A. When necessary for the enforcement of this to’ and title 49, chapter 4, article 72 and rules adopted pursuant to this chapter and title 49, chapter 4, article 7, the director or his agents and inspectors shall: , .. .

. . . -

1 Enter any commercial, nonprofit business or governnntal premise during normal operating hours, except that if uch.pretnises are not open to the public, he shall first present his credentials.

2. Issue stop-use, hold and removal orders with respect to any weights and measures commercially used, stop-sale, hold and removal orders with respect to any packaged commodi ties or bulk commodities kept, offered or exposed for sale and stop-use, stop-sale, hold and removal orders with respect to any liquid fuel, used oil or used oil fuel found to be in violation of this chapter or rules adopted pursuant to this chapter. The director of the department of weights and measures shall inform the director of the department of environmental quality of any action taken pursuant to this paragraph which relates to used oil or used oil fuel.

3. Seize for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of the provisions of this chapter or rules adopted pursuant thereto.

4. Stop any commercial vehicle upon reasonable cause to believe that the vehicle contains evidence of a violation of any provision of this chapter and, after presentment of his credentials, inspect the contents, require that the person In charge of the vehicle produce any documents in his possession concerning the contents and require him to proceed with the vehicle to some specified place for inspection.

B. With respect to the enforcement of this chapter and title 49, chapter 4, article 7, the director or his agents or inspectors may issue a citation to any violators of this chapter in accordance with the provisions of 13—3903.

C. The director, his agents or an inspector may apply for a special inspection warrant for inspection of real or personal property for the purpose of enforcement of this chapter and title 49, chapter 4, article 7. Such a special inspection warrant shall be issued in the same manner and in the same form as a special inspection warrant for air pollution as provided in § 49—433.

Amended by Laws 1992, Ch. 176, § 3.

‘Section 41—2051 et seq. 2 Section 49—801 et seq.

§ 41—2068. Fees to general fund

The director shall remit all fees collected, except monies collected pursuant to § 41—2069, to ,the state treasurer to be deposited in the state general fund. Amended by Laws 1992, Ch. 176, § 4.

53
all be consistent with the 

standards specified in ASTM D4814, standard specification for automotive spark ignition engine fuel. The director may establish by rule exceptions to these standards if the director business determines it is necessary in order to carry out the purposes of this chapter. H. The dep D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that that he is rel is intended as a final product for the fueling of motor vehicles in a nonattainment area as departmerl defined by § 49-541 with a population of one million two hundred thousand or more persons Amended by La shall be en pounds per square inch from and after September 30, 1991 through March 31, 1992 and from and after September 30 through March 31 of each year thereafter. Motor vehicles used at a manufacturer’s proving ground or a motor vehicle racing event as defined by § 41—2121 are exempt from this subsection.

Amended by Laws 1992, Ch. 176, § 7.

HistoricalandStatutoiyNotes. •‘V

V••V 1992 Reviser’s Note

•. “r wasVnioved to correct

5 manifest Pursuant to authority of§ 41-1304.02, in subsec. clerical error. V

V V Lion C, first sentence after the first “director” the

ARTICLE 4. LICENSING, TESTING AND CERTIFICATION

§ 41—2091. Licensing devices used for commercial purposes; authorization to test devices used for all other purposes; fees; certification; transaction privilege tax license records; notification

weight,

A. No

measure

person may use any weighing or measuring device commercially in determining the

basis

or count of commodities or things sold,

r offered or exposed for sale, on the

payment

of weight, measure or count, nor use any such device in computing the basic charge or for services rendered on the basis of weight, measure or count unless such device is licensed or certified as provided in this chapter.

B. Such license shall be obtained annually from the department on forms prescribed and furnished by the department, which shall be accompanied by the fee prescribed in this chapter.

A license shall be obtained not later than the first day of commercial use for original V

a

installations.

penalty

Failure to pay the initial or renewal fee on or before the date due shall result in equal to the amount of the fee required. If the ownership of a device which is licensed is transferred, the ownership of the license may be transferred. Upon transfer of a license, new licensees shall notify the department of the licensee’s name and address and the location of the device. V V

C. Any license issued under the provisionsof this chapter applies only to the instrument or device specified in the license, except that the director may permit such license to be applicable to a replacement for the original instrument or device.

weighing

D. Noncommercial

device

devices may be tested by the department pursuant to this chapter.

A owned by a person who uses it only for the purpose of weighing his or her

noncommercial

own livestock or agricultural products and for no commercial purposes is declared to be a device, and the owner thereof is exempt from paying any licensing fees collected pursuant to this chapter.

B. Certification fees shall be charged for ranch livestock scales used for commercial purposes. Such fees shall be based on the actual cost of such service. Noncommercial devices, tested at the request of the owner or user, and portable batch plants, if certification

56

§ 41—2092. 1

A The foll(

commercial pu:

V Weig

2. Liqui

liqi

V Moto

liqi

es

4 Liqu
motive spark ignition ards if the director

pter.

qr any person and that. ionattainment area as

d or more persons through March 31, thereafter. Motor

icing event as defined

I

$ 12.00

18.00

36.00

120.00

180.00

STANDARD

15.00

30.00

45.00

60.00

75.00

90.00

105.00

120.00

STAGE II

30.00

60.00

90.00

120.00

150.00

180.00

210.00

240.00

15.00

22.50

p

ent with 

a monthly report of all transaction privilege tax licenses issued business name, type of business and in the prior month. Such report shall include the business address of the licensee.

that

H.

he

The

is department required to ofregister revenue shall annually notify each transaction privilege tax licensee new or existing weighing or measuring devices with the department of weights and measures.

Amended by Laws 1992, Ch. 176, § 8.

§ 41—2092. Licensing fees; definitions

.A’ The following fees shall be paid to the department as license fees for devices used for commercial purposes:

‘Schedules of Fees

1.. Weihing devices:

0-500 pounds capacity (or metric equiva lent)

501—2,000 pounds capacity 2,001—7,500 pounds capacity 7,501-60,000 pounds capacity 60,001 pounds capacity and over 2. Liquid metering devices (meters) other than for liquid petroleum gas: maximum 12 gallons per minute and under rnaxhnum 13—150 gallons per minute maximum 151400 gallons per minute maximum 501—1,000 gallons per minute maximum 1,001 gallons per minute and over 3• Motor fuel devices (dispensers) other than for liquid petroleum gas (not including satellite hos es or nozzles):

one hose and nozzle

two hoses and nozzles or blends three hoses and nozzles or blends four hoses and nozzles or blends five hoses and nozzles or blends V six hoses and nozzles or blends

• V V

V seven hoses and nozzles or blends eight hoses and nozzles or blends • high volume (over 19 gallons per minute) diesel per hose and nozzle keylock, V

V

limited access, with accumulators, per hose and nozzle V

V

currency and credit card reader (no hoses or nozzles) (accessory only) • V remote indicator and control unit (no hoses or V

V

V nozzles) (accessory only) 4. Liquid measuring devices for liquid petroleum gas (meters): .•

coectanifeat

lION

authorization to -

certification;

ttjo

indeterminingthe.

o d for sale, on the e basic charge or

V

as such device is

prescribed and rescribed in this

use for original due shall result in

device which is n transfer of a address and the

the instrument ch license to be

this chapter.

A hing his or her

eclared to be a y licensing fees

for commercial

Noncommercjal

a, if certification

12.00

36.00

90.00

138.00

168.003

22.50

—

57
sating

2” meters and larger, temperature compen sating

5. Linear measuring devices:

all linear measuring mechanical devices

6 Time measuring devices:

all time measuring mechanical, electrical’ and electronic devices

1. Public weighmaster 2. Registered service agency 3. Registered serviceman

5400.

2. Impersonates in any way ti of his seal, or a counterfeit of hi

3. Uses, or has in possession offers or exposes for sale or hire, incorrect weight or measure or weight or measure.

4. Sells, or offers or expose commodity, thing or.servicç.

5. Takes more than the quanti

as buyer, he furnishes the weil commodity, thinor er’iee is de

:B. Aperson is guilty of a cl&

1. !Uses, ohas’in’posSession

f weight or measure that does not b

as provided in § 41—2065, subseel been exempted from testing by brL in service as provided in this’ ch metering, measuring or counting ci his deputies, inspectors or agent metering, measuring or counting d weighing, metering, measuring or

2. Disposes of any rejected or

or rule.

3. Removes from any weight c placed thereon by the appropriate

4. Keeps for the purpose of se

any commodity, thing or service ii

5. Uses in retail trade, except L of medical prescriptions, a weight be accurately read and the weigh from some position which may rca

6. Violates any provision of thi this chapter.

A coninuing violat during which the violation is corns

C. The provisions of this secti provision of law.

D. The attorney general and 1 prosecute violations of this chapte

Amended by Laws 1992, Ch. 176, § 10

fist

p

ure compensating 14”, 1Y? and 1%” meters, temperature compen

90.00

96.00

24.00

24.00-

schedule

B. Testing,

set forth

inspection,

in the

certification and calibration fees shall be paid pursuant to the fee rules of the department.

C Issuance or renewal of’ license as

48.0024.00

4.80

the

D.

director

The fees

may,

set

at

forth

his

in

discretion,

this section are the maximum amounts which may be charged, but reduce such fees to any amount he deems necessary. E. The director may prorate the fees set forth in this section for partial year application. F. For the purposes of this section:

than

1.

seven

“Taxicab”

passengers

means a

and

motor vehicle that has a driver for hire and a seating capacity of less that is not operated on a regular route.

except

2. “Time

when measuring utilized devices” and “linear measuring devices” do not include odometers

taxicab.

as the device upon which a charge is determined in the operation of a

Amended by Laws 1992, Ch. 176, § 9; Laws 1992, Ch. 299, § 3.

Historical and Statutory Notes For conditional enactment provision of Laws deposit in the air quality fund. If less than Historical 1992, Ch. 299,andand occunence Statutory ofNotes the condition, following see . $300,000 of fees are collected, the balance shall be transferred to the state treasurer for deposit in the § 49—401.01. .

Laws 1993, 2nd S.S., Ch.

. air quality fund by the department of weights and 3, § 11, provides: measures from fees collected for licensing of stage “Sec. 11. Transfer of monies; air quality §41—2092, recovery equipment to

vised Statutes.”

1992 Reviser’s Note:

“Notwithstanding the provisions of

§ 41—2068, 41—2092 and 41-2132, Arizona Revised Statutes, up to $300,000 of the vapor recovery plan review and approval fees collected in fiscal year 1993-1994 pursuant to § 41—2132, Arizona Revised Statutes, shall be transmitted to the state treasurer for

58

I

This section contains the amendments made by

were

Laws 1992, Ch. 176, sec. 9 and Ch. 299, sec. 3 that The 1992 axnendmen -in Par. 1 of blended together as shown above pursuant to substituted “11” for “12’ following “ authority of § 41—1304.03. and, in par. 6 of such subsection, di

i•’
2: Impersonates in any way the director or aiiy’on of his agents or inspectors by the use

of his.seal, or a counterfeit of his seal,- or in any other manner. -

3. Uses, or has in possession for the purpose of using for any commercial purpose, sells,

offers or exposes for sale or hire, or ba in possession for the purpose of selling or hiring anincorrect weight or measure or any device or instrument used or calculated to falsify any

weight or measure. - -‘ - - -

4. Sells, or offers or exposes for sale, less than the quantity he represents of any commodity, thing or service. , - - -. -

5. Takes more than the quantity he represents of any commodity, thing- or service, when,

as buyer, he furnishes the weight or measure by means of which the amount of the

commodity, thing or service is determined

B

A person is guilty of a class 2 misdemeanor who

1 i Uses, or has in possession for the purpose of current use for any commercial purpose, a weight or measure that does not bear a seal or mark of approval based on inspection and test

as provided in § 41—2065, subsection A, paragraph 11, unless such weight or measure has been exempted from testing

b order of the department, or unlein the device has been placed in service as provided in this chapter. Any person or persons making use of weighing, metering, measuring or counting devices subject té this chapter shall report to the director or his deputies, inspectors or agents, in writing, the number and location of such weighing, metering, measuring or counting devices and shall promptly report the installation of any new weighing, metering, measuring or counting device.

2. Disposes of any rejected or condemned weight or measure in a manner contrary to law

L

or rule.

g capacity of less

dude odometers

he operation of a

d. If less than

the balance shall be

for deposit in the

rtment of weights and I for licensing of stage

ent pursuant to

graph 3, Arizona Re

[iendments made by

i Ch. 299, sec. 3 thatiWn above pursuant to

90.00

96.00

24.00

-. 24.00

1

1rsuant to the feet

• . -:-•-

480024.00

4.80

y be charged, but

deems necessary.

al year application.

V.

3. Removes from any weight or measure, contrary to law or rule, any tag, seal or mark placed thereon by the appropriate authority pursuant to this chapter.

4. Keeps for the purpose of selling, advertising, or offering or exposing for sale or sells

any commodity, thing or service in a condition or manner contrary to law or rule.

5. Uses in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is so positioned that its indications may not be accurately read and the weighing, metering, measuring or counting operation observed from some position which may reasonably be assumed by a customer.

6. Violates any provision of this chapter or of the rules adopted under the provisions of this chapter.

A continuing violation may be deemed to be a separate violation each day during which the violation is committed for the purpose of imposing a fine.

C. The provisions of this section are in addition to and not in limitation of any other V provision of law. V

V V

D. The attorney general and the county attorney shall have concurrent jurisdiction to prosecute violations of this chapter.

Amended by Laws 1992, Ch. 176, § V10• V

Historical and Statutory Notes . V

The 1992 amendment, par. 1 of subsec. B, promulgated” following “adopted” in the first sen substituted “ii” for “12” following “paragraph”; - tence:- - . -. and, in par. 6 of such subsection, deleted “and

59
Added by Laws 1992, Ch. 176, § 11.

ARTICLE 6. OXYGENATED FUEL

§ 41—2121. Definitions

In this article, unless the context otherwise requires:

1. “Area A” means a county with a population of one million two hundred thousand or

more persons that contains a carbon monoxide vehicle emissions cohtrol area.

2. “Area B” means a carbon monoxide vehicle emissions control, area in a county with a

population in excess of four hundred thousand but fewer than one million two hundred

housa1d persons

3; “Fleet owner” ‘means ‘a registered owner or lessee ‘Of at least twenty-five vehtcles as - deIinedin49—541. ,-

‘‘i. .:

4. “Gasoline” means a iolatile, highly flammable liquid mixture of hydrocarbons which is

produced, refined, manufactured, blended, distilled or compounded from petroleum, natural

gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment

or suspended matter, with or without additives, and which is commonly used as a fuel for

spark ignition internal combustion engines. Gasoline does not include diesel fuel.

5. “Leaded gasoline” means gasoline containing more than five one-hundredths grams of

lead per United States gallon.

6. “Manufacturer’s proving ground” means a facility whose sole purpose is to develop

complete advanced vehicles for an automotive manufacturer.

7. “Motor vehicle racing event” means a race that uses unlicensed vehicles which are

designed and manufactured specifically for racing purposes and that is conducted on a public

or private racecourse for the entertainment of the general public.

A motor vehicle racing

event includes practice, qualifying and demonstration laps conducted as part of the activities

related to a motor vehicle race.

8. “Oxygenate” means any oxygen-containing ashless, organic compound, including alip

hatic alcohols and aliphatic ethers, ‘winch may be used as a fuel or as a gasoline blending

component and which is approved as a blending agent under the provisions of a waiver issued

by the United States environmental protection agency pursuant to 42 United States Code

§ 7545(f)1

9. “Oxygenated fuel” means a motor fuel blend, whether leaded or unleaded, consisting

primarily of gasoline and a substantial amount of one or more oxygenates, and which has been

blended consistent with the provisions of a waiver issued by the United States environmental

protection agency pursuant to 42 United States Code § 7545(0.

10. “Supplier” means any person who imports gasoline into a carbon monoxide vehicle

emissions control area by means of a pipeline or in truckload quantities for his own use within

the vehicle emissions control area or any person who sells gasoline intended for ultimate

consumption within a vehicle emissions control area, except that supplier does not mean a

person with respect to gasoline supplied or sold by the person to another for resale to a

retailer within a vehicle emissions control area or to a fleet owner for consumption within a

vehicle emissions control area.

60

For conditional enactment pro

1992, Ch. 299, and occurrence of Ui

Histoncal and Statutory NI

§ 49—401.01.

1992 Reviser’s Note:

This section contains the amend

Laws 1992, Ch. 176, sec. 12 and Ch

§ 41—2122. Stand rds for

•A. From amid after Septeii

September 30 through March

ethanol may é*ceed the volatilii

the dirctqr under that section

requirements’ of AStM D-4814

cent ethanol by volume but d

period, of.time, blends of gas

determined by. 4epartment nil

B. Notwithstanding subsec

environmental protection ager

attainment in area

A or if the

agency finds that area

A has f:

to attain the national ambient

attainment date, from and afte

year and for each oxygenate p

not exceed the volatility requ

director. The director of the

director of the department of e

of gasoline notice of any ch:

Notice of any required change

ing September 30, 1993, shall 1

period, and notice shall be

g

oxygenate period thereafter.

C. Notwithstanding subsec

and measures in consultation

shall approve alternate fuel

gasoline which the directors d

reductions which will equal or

section In making such dete:

against the emission reductior

pressure standard prescribe(

standard prescribed by § 4:

director of the department of

department of environmenta

gasoline unless the approval

measures at least one hundre

the future. Manufacturers

control measure shall annuall

weights and measures not Ia

- -QC’’ qeo-‘- --
B. Notwithstanding subsection

A of this section, within sixty days of notification that the administrator of the United States environmental protection agency has determined that the state implementation plan is inadequate and that additional emissions reductions are neces

sary in area B, the minimum oxygen content shall be raised from 1.8 per cent 1y weight of oxygen to 2.1 per cent by weight of oxygen. This is a specific contingency measure as required by § .112(c)(9) of the clean air act •. .

Axneidedb3’ Laws 1993,Ch244, § 2, eff’:April 22,’1993: . -: .

.. ......

§ 41-2127. Exemption , .

:‘

‘‘

The provisions of this article do not apply to a motor vehicle racing event held in a vehicle emissions control area.

Amended by Laws 1992, Ch. 299, § 5.

Historical and Statutory Notes

For conditional enactment provision, and occur

rence of the condition, see Historical and Statutory Notes following § 49-401.01.

§ 6.

§ 41—2131. Definitions

In this article, unless the context otherwise requires:

1. “Annual throughput” means the amount of gasoline transferred into or dispensed from a gasoline dispensing site during twelve consecutive months.

2. “Clean air act” means the clean air act of 1963 (P.L 88-206; 42 United States Code

§ 7401—7671) 1 as amended by the clean air act amendments of 1990 (P.L. 101—549).

3. “Gasoline dispensing site” means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel.

4. “Stage I vapor collection system” means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system though 4irect displacement by the gasoline being loaded.

5. “Stage II vapor collection system” means a system where at least ninety per cent by weight of the gasoline vapors that are displaced or drawn from a vehicle fuel, tank during refueling are transferred to a vapor-tight holding system or vapor control system.

62

A. From and after September 30, 1990 through March 31, 1991 and from and after September 30 through March 31 of each year thereafter, all leaded or unleaded gasoline which is supplied or sold by any person and which is intended as a final product for the fueling of motor vehides within area

B or which is consumed in a motor vehicle within area

B by a fleet owner shall contain not less than 1.8 per cent by weight of oxygen nor more than 3.7 per cent by weight of oxygen.

Historical and Statutory § 49-401.01.

‘ 1992 RevIser’s Note:

Pursuant to authority ‘of graphs 1, 2 and 3 were renun

§ 41—2132. Stage I an

A.

A person shall not

‘recovery system, or any o California air resources

b

certified manufacturer ‘or z

aid keep current a list of

vapor recovery Systems ‘CE

so certifld shall be used

B. Beginning Ju1y1,..

thousand gallons per mor

thousand persons accordin

not transfer or allow the i

unless the storage tank is

1. A stage I vapor cc

storage tank or its vent

t

2.

A properly installe

system.

C. In an ozone nonatta

the environmental protecti

area as provided in subsec

site shall not transfer or

gasoline dispensing site ur

collection system. This

throughput of less than te:

a throughput of less than f

business marketer of gas dispensing site that is lpc

D. An owner or operat

dispensing site subject to:

the following:

1. Install all necessary

any modifications necessai

2. Provide adequate ti

gasoline dispensing site ai

3. Replace, repair or

ensure the vapor-tight mt

systems.

4. Connect and ensur€

systems whenever gasolin

129 A,.Rov.SIau.-3

1993 P.P.

ARTICLE 7. GASOLINE VAPOR CONTROL

Article 7, consisting of §f 41—218l to 41—218.9, was added by Laws 1992, Cli. 299,
1991 and from and after

ded or unleaded gasoline

a final product for the

otor vehicle within area

B

it of oxygen nor more than

[a of notification that the

has determined that the dons reductions are neces

.8

per cent by weight of contingency measure as

•‘

•, S.

ng event held in a vehicle

II

IL

1992, Ch. 299,

I

into or dispensed from

42 United States Code lL. 101—549).

ispensed into a motor

line vapors are forced

system though direct

ast

1ninety per cent by hicle fuel tank during itrol system.

p

1992, Cli. 299, and oecunence of the condition, see them. Historical and Statutory Notes following

§ 49-401.01.

1992 Reviser’s Note:

Pursuant to authority of § 41-1304.02, para graphs 1, 2 and 3 were renumbered as paragraphs

* 41—2132. Stage I and stage II vapor recovery systCriis

A.

A person shall not offer for sale sell, install or use a new or rebuilt gasoline vapor recovery system, or any of its component pata, unleSs the systeni, has, been ertified by. the (á]ifornia air resourées board and is clearly identified by a perniiñént idenflcation of the certified manufacturer or rebuilder. The department of weights and measures shall maintain and keep current.a list of those design and performance standards for Btage I end stage II •wapor recovery systeznacertifled by the CØltfornia air resources boarL Qthoaesystema. socertifleddhallbeusedanthisstate “

B Beginning July 1, 1993, for gasoline diapenmng sites with a throughput of over. ten. thousand gallons per month in a county with a population over one hundred twenty-five thousand persons according to the most recent United States decenmal census, a person shall not transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites- unless the storage tank is equipped with either of the foliowing 1.

A stage I vapor collection system consisting of a vapor-tight return line from the storage tank or its vent to the gasoline transport vehicle.

F a

A properly installed on-site vapor control system conected to a vapor collection tem.

C. In an ozone nonattainment area designated as moderate, serious, severe or extreme by the environmental protection agency under § 107(d) of the clean air act or other geographical area as provided in subsection J of this sectiOn, an owner or operator of a gasoline dispensing site shall not transfer or allow the transfer of gasoline into a motor vehicle fuel tank at a gasoline dispensing site unless the gasoline dispensing site is equipped with a stage

U vapor collection system. This subsection does not apply to gasoline dispensing sites with a throughput of less than ten thousand gallons per month_, or to a gasoline dispensing site with

a throughput of less than fifty thousand gallons pot. month in the case of an independent small business marketer of gasoline as defined in § 324 of the clean air act or

o a gasoline dispensing site that is lçcated on a ‘manufacturer’s proving ground. D. An owner or operator of a gasoline storage tank, gasoline transport vehicle or gasoline dispensing site subject to stage I or stage II vapor collection requirements shall comply with the following: . . -, .

1. Install all necessary stage I and stage II vapor collection and control systems and make any modifications necessary to comply with the requirements. - 2. Provide adequate training and written instructions to the operator of the affected gasoline dispensing site and the gasoline transport vehicle.

3. Replace, repair o’ modify any worn or ineffective component or. design element to ensure the vapor-tight integrity and efficiency of the stage I and stage II vapor collection systems. , -

4. Connect and ensure proper- operation of the stage I and stage

U vapor collections systems whenever gasoline is being loaded, unloaded or dispensed. . ‘, 129 Mz.Rev,Stats-3

l 63 P.P.
p

g 

tion

G The department of gasoline or oxygenated fuel ahd 1g prohibited of weights and measures in consultation with the department of environmental quality and the state fire marshal shall establish by rule standards ,fr the installation and operation of sgge,l.and stage Ii vapor recovery systems. The department of weights and measures shall establish by rule plan review and approval fees In establishing those rules and statidards, the director shall consider requirements in other states to assure thatonlyitateofthearttechnologyis,used. •. .. ., H. Appeoval of.a stage Ior stage

U ‘: r. : vapor collection system by the departmert 4oea not codes relieveand the rules ownerpertaining or operator of the responsibthty to comply with other apphcab1estatotes, to fire preveptioniL

I Gasoline envu”onn1ental quality dnd safetr mhtters dispensing sites ,subject to the Iequirements of subsection

C Qf tips section shall comply according to the fcjlowmg schedule.

,,

, . 1, Alt gasoline” dispnsiig sates for which construction .con’xnenced after Novetnber ,15, 1990, shall comply by May 15, 1993 Li

• 2. All gasoline l.i ,LJ disensing ‘siteswith ‘an athiual’throughput ‘of’ more than one million two hundred Thousand gallons for any year during which the site ‘waá’ dispensing gasoline starting with January 1, 1987, shall comply by November 15, 1993,

3 All other

V

J. Any

gasoline dispensing sites shall comply by November 15, 1994 county, city or town outside an ozone nonattainment area designated as moderate by the environmental protection agency under § 107(d) of the clean air ct may require gasoline dispensing sites with a throughput greater than ten thousand gallons per month or fifty thousand gallons per month ‘in th case of an independent small business marketer of gasoline as defined in § 324 of the cLean air act to install, operate and maintain stage II vapor collection systems in accordance with this section. Upon request of a county, city or town considering the adoption of a resolution to require stage II vapor collection systems within their respective jurisdiction, the department of environmental quality shall provide technical assistance in evaluating the air quality in that county, city or town. K.

A county board of supervisors

. or governing body of a city or town shall submit a resolution to the director requesting the imposition ‘of the requirements for stage II vapor collection systems within their respective jurisdiction L. The director shall ‘adapt, by rule, compliance schedules for gasoline dispensing sites located within the jurisdiction requesting stage II vapor collection’ system requirements no later than twelve months after receipt of the resolution from such county board of supervisors or governing board of a city or town. “All gasoline dispensing sites other than those that are exemptpursuant to subsection C. of this section shall be required to comply with stage II vapor collection system rules ‘within twenty-four months aftei the rules have been ‘flIed with the secretary of state. . ,.‘

..

.. V M.

A

V , county board of supervisors or’ governing body of a city or town that adopts the requirements for stage II vapor collection systems may repeal such requirements by adopting a resolution to remove the imposition of such requirements within their respective jurisdiction unless the county, city

r town is in an ozone nonattainment area that has since been designated as, moderate by the environmental protection agency under § 107(d) of the clean air act. Upon receipt of the resólütlón, the director shall consult with the director of the department of environmental quality to verify that a county, city or town is outside of an ozone nonattainment’ area designated as’ moderate ‘by The environmental protection agency under § 107(d) of the clean air act. ‘After consultation with the department of environmental

64

‘.‘

“The director of the depari measures, in consultation wit environmental quality, shall quired under title 41. chapter Revised Statutes, by euaergi forth in title 41, chapter 10, A utes, no later than Novenibc rectors In consultation with ani of the attorney general, shall rules In effect until such time

are certified by the attorney

g the secretary of state.”

For cdnditional enactment 1929,.an4’oceorrence.

§ 414133.,. Compliancf

NOtwithstanding § 41-21

1. Gasoline dispensing moderate by the environrnei geographical area as provid the certification of rules ado and stage II systems that department rules.

2.. All gasoliuie dispensir moderate by the environmer geographical area as provid tank replacement and that aj or after the effective date o effective date of the rules a

condition of the permit..

Added by Laws 1992, Oh. 299,

2

So in original. Should have Section 49-471 or § 49—Mi

For conditional enactment I 1992, Cli. 299, and occurrence ol

I

I
ith the department of rule standards for the 5ns. The department of oval fees. In establishing other states to assure

department does not other applirable statutes,

Land safety matters. on

C Qf this section

Ia after overnben-15, than one million two ensing gasoline starting

1994.

designated as moderate air act may require gallons per month or usiness marketer of maintain stage II vapor a county, city or town tion systems -within provide technical

town shall submit a for stage II vapor

soline dispensing sites in requirements no ard of supervisors than those that are

1

comply with stage II ave been filed with

ówn that adopts the irements by adopting pective jurisdiction t has since been 107(d) of the clean the director of the is outside of an protection agency nit of environmental

fuel prohibitJ

, § 

, provides “The dfrector of the department of weights and

- measures,

ec. 11. Transfer of monies; air quality in consultation with the department of ,

• . tel uali”

n Notwithstanding the provisions of

§ 41-2068, ‘ “ 41-2092 and 41-2132 Arizona Revised Statutes, u b quired under title 41, chapter 15, article 7, Arizona $300,000 of the vtpor recovery plan review an Revised Statutes, by emergency procedures set approval fees collected in fiscal year 1993-1994 forth in title 41, chapter 10, Arizona Revised Stat- pursuant to § 41-2182, Arizona Revised Statutes, I utes, no later than November 1, 1992. The dl- shall be transmitted to the state treasurer for rector, in consultation with and with the assistance deposit in the air quality fund. 11 less than of the attorney general, shall maintain emergency $300,000 of fees are collected, the balance shall be rules

are certified

in effect

by

until

the

such

attorney

time

general

that permanent rules transferred to the state treasurer for deposit In the

th secrct of state.” and mui with measures air quality fund by the department of weights and from fees collected for licensing of stage II vapor recovery equipment pursuant to - For conditional enactment provision of Laws § 41-2092, subsection A, paragraph 3, Arizona Re 1992, Ch. 299, and occurresee of the condition, see vised Statutes.” .1

:

1

§ 41—2133. - Compliance schedules - - Notwithstanding § 41—2132, subsection I or

L relating to schedules of compliance:

moderate

1. Gasoline

by thedispensing environmental facilities protection located in an ozone nonattainment area designated as agency under § 107(d) of the déañ air act or other geographical area as provided in § 41—2132, subsection J, for which construction began after the certification of rules adopted pursuant to § 41-2132 shall be consbucted to include stage I and stage II systems that meet the minimum stañdárds set forth in this chapter and department rules. - 2.. All gasoline dispensing sites located in an ozone nonattainxnent area designated as moderate by the environmental protection ageuiy under 107(d) of the clean air•act or other geographical area as provided in § 4121321 subsection

J that begin underground storage tank replacement and that apply for a permit pursuant to title 49 chapter 3, article 3 or 52 on or after the effective date of this article shall be in compliance within six months after the effective date of the rtilës adopted pursuant to § 41-2182. Complinnce with this article is a condition of the permit.

Added by Laws 1992, Cli. 299, § 6.

‘So in original. Should have included a comma to read, ‘ 41—2132, subsection .1”. 2 Section 49—471 or § 49—541 et seq.

Historical and Statutory Notes For conditional enactment provision of Laws Historical and Statutory Notes following 1992, Ch. 299, and occurrence of the condition, see § 49—401.01.

65

II

I