Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › REGULATORY › Chapter 16-662 - Weights and measures-National handbooks, sale of motor fuel, electric vehicle supply equipment, and penalties for violations › Section 16-662-165 - Civil penalties and enforcement-Motor fuel quality

Current through Register Vol. 24-14, July 15, 2024
(1) Enforcement actions and civil penalties
				will be assessed as described below. The department considers each violation to
				be a separate and distinct occurrence.
(a)
				Penalties for ASTM specifications violations include a gasoline or diesel
				sample not meeting one or more ASTM quality specifications as indicated by the
				department's contract laboratory certificate of analysis. The applicable
				standards include: D4814 gasoline and gasoline - oxygenate blends, ASTM D7467
				biodiesel blends greater than five percent and equal to or less than twenty
				percent, ASTM 6751 B100 and D975 diesel and biodiesel blends equal to or less
				than five percent, gasoline - ethanol blends exceeding legal limits, ASTM D5798
				ethanol flex fuel, also referred to as E85 fuel ethanol or E85 motor fuel.
Gasoline
Diesel
Biodiesel and biodiesel blends
Other fuels
1st Violation
Notice of Correction
Notice of Correction
Notice of Correction
Notice of Correction
2nd Violation
$1,500.00
$1,500.00
$1,500.00
$1,500.00
3rd Violation
$3,000.00
$3,000.00
$3,000.00
$3,000.00
4th and subsequent violations
$10,000.00
$10,000.00
$10,000.00
$10,000.00
(b)
				Penalties for biodiesel and biodiesel blend ratio violations, including
				biodiesel and biodiesel blends above or below what is labeled on the dispenser.
Blends between 0 and 5 percent
Blends between 6 and 20
						  percent
Blends between 21 and 99
						  percent
100% Biodiesel
1st Violation
Notice of Correction
Notice of Correction
Notice of Correction
Notice of Correction
2nd Violation
$1,200.00
$1,400.00
$1,400.00
$1,400.00
3rd Violation
$1,700.00
$1,900.00
$1,900.00
$1,900.00
4th and subsequent violations
$2,700.00
$2,900.00
$2,900.00
$2,900.00
(c)
				Penalties for water in retail fuel storage tanks violations, including failed
				field tests to determine water in fuel storage tanks exceeding NIST Handbook
				130, Uniform Engine Fuels and Automotive Lubricants Regulation, Retail Storage
				Tanks and Dispenser Filters, Subsections 4.1 and 4.2.
Water phase exceeding 1
inch in storage tanks used
for gasoline or diesel
Water phase exceeding 1/4
inch in storage tanks used
for biodiesel blends up to
20%
Water phase exceeding 1/4 inch in
						  storage tanks used for gasoline etha-nol blends or biodiesel blends above
						  20%
Any fuel storage tank with a water
						  phase exceeding 6 inches
1st Violation
NOC
Stop-Sale and $200.00
Stop-Sale and $1,500.00
2nd Violation
$1,000.00
Stop-Sale and $1,000.00
Stop-Sale and $3,000.00
3rd Violation
$2,500.00
Stop-Sale and $2,500.00
Stop-Sale and $6,000.00
4th and subsequent violation
$5,000.00
Stop-Sale and $5,000.00
Stop-Sale and $10,000.00
(d)
				Penalties for fuel dispenser labeling and retail storage tank fill connection
				marking violations, including biodiesel, eth-anol blended and other fuels
				offered for sale without dispenser labeling required by WAC
				16-662-105 and NIST Handbook 130,
				Uniform Engine Fuels and Automotive Lubricants Regulation, Section 3
				Classification and Method of Sale of Petroleum Products as modified by WAC
				16-662-115; and retail storage
				tanks missing fill connection markings as required by NIST Handbook 130,
				Uniform Engine Fuels and Automotive Lubricants Regulation, Retail Storage Tanks
				and Dispenser Filters, Subsection 4.4 Product Storage Identification.
Biodiesel blends
Gasoline and gaso-line-ethanol blends
						  up to 10 percent
Ethanol flex fuel
Other fuels
1st Violation
Notice of Correction
2nd Violation
$200.00
3rd Violation
$500.00
4th and subsequent violations
$1,000.00
(e)
				Penalties for octane labeling violations, including octane levels in gasoline
				lower than posted on the fuel dispenser.
Between .7 and .9 octane lower
Between 1 and 1.9 octane lower
Between 2 and 2.9 octane lower
Greater than 3 octane lower
1st Violation
Notice of Correction
Notice of Correction
Notice of Correction
Notice of Correction
2nd Violation
$1,000.00
$1,500.00
$2,500.00
$3,000.00
3rd Violation
$2,500.00
$3,000.00
$5,000.00
$6,000.00
4th and subsequent violations
$10,000.00
$10,000.00
$10,000.00
$10,000.00