Title 40

SECTION 80.172

80.172 Penalties.

§ 80.172 Penalties.

(a) General. Any person who violates any prohibition or affirmative requirement of § 80.168 shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation.

(b) Gasoline non-conformity. Any violation of § 80.168(a) shall constitute a separate day of violation for each and every day the gasoline in violation remains at any place in the gasoline distribution system, beginning on the day that the gasoline is in violation of the respective prohibition and ending on the last day that such gasoline is offered for sale or is dispensed to any ultimate consumer.

(c) Detergent non-conformity. Any violation of § 80.168(d) shall constitute a separate day of violation for each and every day the detergent in violation remains at any place in the gasoline or detergent distribution system, beginning on the day that the detergent is in violation of the prohibition and ending on the last day that detergent-additized gasoline, containing the subject detergent as a component thereof, is offered for sale or is dispensed to any ultimate consumer.

(d) Post-refinery component non-conformity. Any violation of § 80.168(e) shall constitute a separate day of violation for each and every day the PRC in violation remains at any place in the PRC or gasoline distribution system, beginning on the day that the PRC is in violation of the respective prohibition and ending on the last day that detergent-additized gasoline containing the PRC is offered for sale or is dispensed to any ultimate consumer.

(e) Product transfer document non-conformity. Any violation of § 80.168(c) shall constitute a separate day of violation for every day the PTD is not fully in compliance. This is to begin on the day that the PTD is created or should have been created and to end at the later of the following dates:

(1) The day that the document is corrected and comes into compliance; or

(2) The day that gasoline not additized in conformity with detergent certification program requirements, as a result of the PTD non-conformity, is offered for sale or is dispensed to the ultimate consumer.

(f) Volumetric additive reconciliation recordkeeping non-conformity. Any VAR recordkeeping violation of § 80.168(b) shall constitute a separate day of violation for every day that VAR recordkeeping is not fully in compliance. Each element of the VAR record keeping program that is not in compliance shall constitute a separate violation for purposes of this section.

(g) Volumetric additive reconciliation compliance standard non-conformity. Any violation of the VAR compliance standard established in § 80.170 shall constitute a separate day of violation for each and every day of the VAR compliance period in which the standard was violated.

(h) Volumetric additive reconciliation equipment calibration non-conformity. Any VAR equipment calibration violation of § 80.168(b) shall constitute a separate day of violation for every day a VAR equipment calibration requirement is not met.

[61 FR 35380, July 5, 1996, as amended at 61 FR 58747, Nov. 18, 1996]

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