82-15-101. Definitions. As used in this part, the following definitions apply: (1) ”Antiknock index number” means the octane rating of the antiknock characteristics of a grade or type of motor fuel determined as provided in 16 CFR 306.0. (2) ”Dealer” means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers. (3) ”Department” means […]
82-15-102. Enforcement of part — rules. (1) Except as provided in subsection (2), this part must be enforced by the department. It may adopt necessary and reasonable rules for the implementation of the provisions and intent of this part, and those rules have the effect of law. (2) Section 82-15-110(8) must be enforced by the department of […]
82-15-103. Standards and specifications for petroleum products. The standards and specifications for petroleum products, including but not limited to gasoline, ethanol-blended gasoline, fuel oils, diesel fuel, kerosene, and liquefied petroleum gases, must be determined by the department and must be based on nationally recognized standards and specifications such as the standards and specifications that are published […]
82-15-104. Departments authorized to employ laboratory for testing. The department and, when testing for methyl tertiary butyl ether, the department of environmental quality may employ a laboratory that has sufficient facilities to make tests of petroleum products as required and may pay reasonable compensation for the analyses and tests made by the laboratory. History: En. 60-237 by […]
82-15-105. Licenses and fees — status of license on transfer of ownership. (1) A petroleum dealer or liquefied petroleum dealer may not do business in this state until licensed by the department. The license must be obtained by the dealer by making application to the department upon forms provided by the department. A dealer who has […]
82-15-106. Refusing, suspending, and revoking licenses — hearing required. The department may refuse to grant a license or may suspend or revoke a license already granted for due cause after a hearing for which notice was provided for not less than 10 days. Violation of any provision of this part, except 82-15-110(8), or any lawful order […]
82-15-107. Inspections, sampling, and tests by department to insure compliance with part. (1) For the purpose of obtaining information regarding suspected violation of this part, the department has access to all places where the commodities subject to regulation under this part are sold, offered for sale or kept for sale, manufactured, transported, or stored or where […]
82-15-108. Approved measure required for part delivery. Part of a compartment delivery may be made only by an approved, calibrated, and sealed meter or an approved measure. Gauge stick measurement is not permitted. All tank markers must be positioned and sealed as provided by the department. The department shall fix by rule fees for retesting meters […]
82-15-109. Full compartment sales — approval of meter. Full compartment sales or deliveries may only be made in a manner that shall be provided by the department by rule. All other sales or deliveries may only be made through a meter which has been approved, calibrated, and sealed by the department or by weight, unless otherwise […]
82-15-110. Unlawful acts. It is unlawful to: (1) use any meter or mechanical device for the measurement of gasoline or liquid fuels unless the meter or mechanical device has been approved by the department and sealed as correct; (2) change or in any way tamper with the department’s seal without written consent from the department; (3) make delivery from […]
82-15-111. Penalty for violations. A person who purposely, knowingly, or negligently violates any of the provisions of this part, except 82-15-110(8), or any rule promulgated by the department is guilty of a misdemeanor and upon conviction shall for the first offense be punished by a fine of not less than $10 or more than $1,000 and […]
82-15-112. Injunction against violations. The department may apply to any court of competent jurisdiction for a temporary or permanent injunction, or both, restraining any person for violating any provision of this part or any rule promulgated by the department pursuant to this part. History: En. 60-245 by Sec. 12, Ch. 77, L. 1977; R.C.M. 1947, 60-245.
82-15-113. Refilling of liquefied petroleum product containers — unlawful acts. Only the owner or a person authorized by the owner may: (1) fill or refill a liquefied petroleum product container; (2) deface, erase, obliterate, cover up, remove, conceal, or change the name or other identification of the owner or the information on the manufacturer’s specification plate; or (3) place […]
82-15-114. Violation — penalty. A person who violates 82-15-113 is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a term not exceeding 120 days, or both. History: En. Sec. 3, Ch. 65, L. 1993.
82-15-115. Owner identification. The owner of a liquefied petroleum product container shall place the name, initials, or trademark of the owner on the dome near the filling apparatus of each container. History: En. Sec. 4, Ch. 65, L. 1993.
82-15-116 through 82-15-119 reserved.
82-15-120. Department of environmental quality to enforce prohibition on methyl tertiary butyl ether — notice requirements — hearing — penalties. (1) (a) Whenever the department of environmental quality believes that a violation of 82-15-110(8) or of the rules adopted pursuant to 82-15-102(3) has occurred, it may serve written notice of the violation on the alleged violator […]
82-15-121. Repealed. Sec. 2, Ch. 15, L. 2017. History: En. Sec. 1, Ch. 452, L. 2005.
82-15-122. Repealed. Sec. 2, Ch. 15, L. 2017. History: En. Sec. 2, Ch. 452, L. 2005.
