Michigan Compiled Laws — MOTOR FUELS QUALITY ACT (Act 44 of 1984)

Short title.

This act shall be known and may be cited as the "motor fuels quality act".

Definitions.

As used in this act: (a) "Additive" means any substance in gasoline other than gasoline but does not include approved blending components, other than lead, sodium, and phosphate components, introduced at refineries or terminals as octane or product quality enhancers in quantities of less than 1% of volume. (b) "America…

Establishment of standards by rules.

(1) The director shall establish standards pursuant to this act to ensure the purity and quality of gasoline and diesel fuel sold or offered for sale in this state. (2) The director shall establish standards for the amount and type of additives allowed to be included in gasoline and diesel fuel. (3) The director shall…

Transferring, selling, dispensing, or offering gasoline for sale; posting notice on pump dispensing gasoline; contents and design of notice; exception; rule to contain design for uniform notice; violation; liability; disposition of civil fine; applicability of subsection (1).

(1) A retail dealer shall not transfer, sell, dispense, or offer gasoline for sale in this state unless the pump dispensing the gasoline is posted with a notice, as provided in subsection (2), that indicates the grade of gasoline and the additives in the gasoline that are dispensed from the pump. If the gasoline contai…

Testing storage tank at retail outlet to determine water or water-alcohol level; prohibited sales; testing supplies.

(1) A storage tank at a retail outlet shall be periodically tested by the retail dealer to insure that the tank does not have water or water-alcohol at the bottom of that tank in an amount greater than 2 inches. If there is more than 2 inches of water or water-alcohol at the bottom of the storage tank, gasoline, diesel…

Prohibitions; contents of bill, invoice, or other instrument evidencing delivery of gasoline, diesel fuel, biodiesel, biodiesel blend, or hydrogen fuel; violation; disposition of civil fine.

(1) Except as provided by federal law or regulation, in the manufacture of gasoline, diesel fuel, or hydrogen fuel at any refinery in this state, a refiner shall not manufacture gasoline, diesel fuel, or hydrogen fuel at a refinery in this state unless the gasoline, diesel fuel, or hydrogen fuel meets the requirements…

Renewable fuels fund; creation; deposits; investment; funds at close of fiscal year; disbursement; department as administrator; definitions.

(1) The renewable fuels fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the renewable fuels fund. The state treasurer shall direct the investment of the renewable fuels fund. The state treasurer shall credit to the fund interest and earni…

(1) Before a distributor or retail dealer engages in transferring, selling, dispensing, or offering for sale gasoline, diesel fuel, biodiesel, biodiesel blend, or hydrogen fuel in this state, the distributor or retail dealer shall obtain a license from the department for each retail outlet operated by that person. In a…

Inspection, investigation, and testing program; establishment; purpose; monitoring; payment of expenses; consumer hot line; violation; providing documents; authority of director; enforcement powers; transmitting information; rules; implementation of program.

(1) The director shall establish a gasoline, diesel fuel, biodiesel, and biodiesel blend inspection, investigation, and testing program. The purpose of the inspection, investigation, and testing program is to determine whether gasoline, diesel fuel, biodiesel, and biodiesel blend transferred, sold, dispensed, or offere…

Gasoline inspection and testing fund; creation; administration; investment of money; use of money and earnings from investment; disposition of civil fines, appropriations, federal money, and other funds.

The gasoline inspection and testing fund is created in the state treasury and shall be administered by the director. The state treasurer shall direct the investment of money in the fund. The money in the fund and earnings from investment of the money shall be used exclusively for the purpose of funding the gasoline ins…

Civil action for damage to motor vehicle; costs; other rights to relief not restricted.

(1) Any person may commence a civil action on that person's own behalf seeking relief for damage caused to that person's motor vehicle as a result of a violation of section 4a or 5 or rules promulgated pursuant to section 4a or 5 against any person alleged to be in violation of section 4a or 5 or rules promulgated purs…

Rules.

The director shall promulgate rules as necessary to implement sections 9b to 9h and 9j.

Dispensing facility exempt from certain requirements; annual report; records; notice.

(1) Except as otherwise provided for in this section, a dispensing facility that never dispenses 10,000 gallons (37,850 liters) or more of gasoline per month on average in any 12-month period, beginning with the 12 months preceding the effective date of this section is exempt from the requirements of sections 9a to 9d,…

Maintenance of stage I vapor-recovery system; inspection of systems; repair, modification, or tampering prohibited.

(1) The operator shall maintain the stage I vapor-recovery systems in proper operating condition as specified by the manufacturer and free of defects that could impair the effectiveness of the system. Any component identified as defective, but which does not substantially impair the effectiveness of the system, may rem…

Records.

(1) An operator shall maintain accurate records of all of the following at the dispensing facility location: (a) All current licenses and permits required to operate the dispensing facility. (b) The location, including the contact person's name, address, and telephone number, of the records required under this act whic…

Duties of director to implement MCL 290.649a to 290.649h; rejected or condemned equipment; enforcement; temporary restraining order or permanent injunction.

(1) To implement this section and sections 9a to 9g, the director shall do all of the following: (a) Develop and conduct training for department inspectors to provide knowledge and proficiency on stage I vapor-recovery program requirements and procedures. (b) Prepare information on the purposes and benefits of stage I…

Dispensing permit; requirements; fees; issuance of license within certain time period; “completed application” defined.

(1) A dispensing facility in Wayne, Oakland, Macomb, Washtenaw, Livingston, Monroe, or St. Clair County constructed after November 15, 1990 shall obtain a dispensing permit. The fee for a dispensing permit is $25.00 for each year or portion of a year. (2) The department shall not issue a dispensing permit unless the di…

Delivery of gasoline; Stage I vapor-recovery system; applicability of subsection (7).

(1) A person shall not deliver gasoline or permit the delivery of gasoline to a dispensing facility that lacks a stage I vapor-recovery system. (2) Prior to delivery of gasoline to a dispensing facility, a delivery vessel shall be certified by the department of environmental quality as vapor tight by meeting the requir…

Declaration of emergency.

If the governor declares an emergency under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 1982 PA 191, MCL 10.81 to 10.89, the governor may exercise his or her discretion to grant a temporary variance suspending the low vapor pressure fuel provisions of this act or rules promulgated under this act…

Variance; conditions for granting; fines; disposition.

(1) A gasoline refiner, distributor, or terminal may petition the department for a temporary variance from the vapor pressure standards established by the director or in this act. In order to receive a variance, the refiner, distributor, or terminal shall demonstrate that fuel necessary to meet the current standard can…

Hindering, obstructing, assaulting, or committing bodily injury upon director or authorized representative as misdemeanor; penalty.

A person who hinders or obstructs in any way, or assaults or commits a bodily injury upon the director or an authorized representative of the director while in the performance of his or her official duties, knowing that person to be the director or an authorized representative of the director, shall be guilty of a misd…

Violation; administrative fine; hearing; judicial review; action brought by attorney general; payment and disposition of fine, costs, and economic benefit.

(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another violates this act or a rule promulgated under this act is subject to an administrative fine. Upon the request of a person to whom an administrative fine is issued, the director shall conduct a hearing…

Conduct as misdemeanor or felony; assessment of costs.

(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $1,000.00 or more than $2,000.00, or both: (a) Renders less ef…

Stage I vapor control program; implementation.

The director retains the authority to implement the stage I vapor control program in areas where it is determined necessary to attain or maintain national ambient air quality standards.

Areas requiring certain vapor pressure; termination of requirement.

Beginning June 1 through September 15 of 2007 and for that period of time each subsequent year, the vapor pressure standard shall be 7.0 psi for dispensing facilities in Wayne, Oakland, Macomb, Washtenaw, Livingston, Monroe, St. Clair, and Lenawee counties. The director retains the authority to implement the vapor pres…