Pennsylvania Act 2004-134 — COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT - SELF-SERVICE DISPENSING STATIONS, PROHIBITION AND PENALTIES

Act text

COMBUSTIBLE AND FLAMMABLE LIQUIDS ACT - SELF-SERVICE DISPENSING STATIONS,
                        PROHIBITION AND PENALTIES
                 Act of Nov. 23, 2004, P.L. 937, No. 134              Cl. 35
                             Session of 2004
                               No. 2004-134

     HB 1238

                                  AN ACT

     Amending the act of February 11, 1998 (P.L.58, No.15), entitled
        "An act providing for the regulation of combustible and
        flammable liquids; allocating functions of the Department of
        Labor and Industry and the Pennsylvania State Police;
        imposing penalties; and making repeals," further providing
        for self-service dispensing stations, for prohibition and for
        penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 7 of the act of February 11, 1998
     (P.L.58, No.15), known as the Combustible and Flammable Liquids
     Act, amended October 18, 2000 (P.L.574, No.74), is amended to
     read:
      Section 7.  Retail service stations.
        (a)  Kerosene.--At a retail service station, the intake or
     receiving pipe opening for a kerosene storage tank shall be
     smaller than the nozzle on the hose used to deliver gasoline or
     diesel fuel into the storage tank.
        (b)  Self-service.--An attended self-service gasoline station
     may use a hold-open gasoline-dispensing or hold-open diesel
     fuel-dispensing nozzle if all of the following are met:
            (1)  The nozzle meets safety standards adopted by
        regulation of the department.
            (2)  A sign is posted indicating that Pennsylvania law
        requires that any person, other than the attendant, who uses
        a hold-open gasoline-dispensing or hold-open diesel fuel-
        dispensing nozzle shall remain [at] within ten feet and
        within plain sight of the refueling point during the
        refueling operation.
        (c)  Portable container specifications.--In addition to
     established container construction requirements under 37 Pa.
     Code § 11.7 (relating to container construction), portable
     containers used for the storage and handling of flammable and
     combustible liquids shall be color-coded to properly identify
     the contents of the container as follows:
            (1)  Blue shall represent kerosene.
            (2)  Red shall represent gasoline.
            (3)  Yellow shall represent diesel.
     No other color may be used for portable containers as provided
     for in this section which are used for the storage and handling
     of flammable and combustible liquids. At least 75% of the
     surface area of the container shall be of the required color.
        (d)  Attended self-service station operator facilities.--It
     is the responsibility of the operator of the attended self-
     service station to familiarize attendant employees with the
     location and operation of the station's emergency fuel shut-off
     switch.
        Section 2.  Section 10 of the act is amended to read:
      Section 10.  Prohibitions.
        A person may not do any of the following:
            (1)  Hinder, delay or interfere with the department's
        enforcement of this act or regulations promulgated under this
        act.
            (2)  Fail to place out of service, in accordance with an
        order of the department, a tank, pump or drawing-off device
        for the possession, use, storage or sale of combustible
        liquids or flammable liquids.
            (3)  Cause or permit a delivery or acceptance of fuel
        into a kerosene storage tank in violation of section 7(a).
        Each delivery or acceptance constitutes a separate offense.
            (4)  Fail to remain at a location no more than ten feet
        from the nozzle being utilized and within plain sight of the
        nozzle during the use of hold-open gasoline-dispensing or
        hold-open diesel fuel-dispensing nozzles if the sign required
        under section 7(b)(2) is posted. Responsibility for
        compliance with this paragraph shall reside exclusively with
        the person utilizing a hold-open device.
        Section 3.  Section 11 of the act, amended October 18, 2000
     (P.L.574, No.74), is amended to read:
      Section 11.  Penalties and remedies.
        (a)  Initial offense.--Except as provided for in subsection
     (c), a person that violates this act or a regulation under this
     act commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of $500.
        (b)  Subsequent offenses.--A person that, after being
     sentenced under subsection (a), violates this act or a
     regulation under this act commits a summary offense and shall,
     upon conviction, be sentenced to pay a fine of $1,000.
        (c)  Improper container.--A person who violates section 7(c)
     relating to portable container specifications commits a summary
     offense and, upon conviction thereof, shall be sentenced to pay
     a fine of not more than $100. The responsibility for compliance
     with section 7(c) shall reside exclusively with persons who use
     portable containers to store or handle flammable combustible
     liquids. The filling of such containers in connection with the
     sale or distribution of gasoline or kerosene shall not
     constitute an act of storage or handling for purposes of this
     section, and no seller shall incur any civil liability for
     failure to properly identify the contents of such containers.
        (d)  Restitution.--If the sign required under section 7(b)(2)
     is posted, a person that violates section 10(4) shall be liable
     for payment of all environmental cleanup costs associated with a
     fuel spill resulting from the person's violation of section
     10(4).
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 23rd day of November, A. D. 2004.

     EDWARD G. RENDELL