Section 50. Record keeping and transfer requirements

A. Any terminal operator who ships or causes to have shipped gasoline to or within the control area during a control period shall make a record to be made no later than the time of shipment of the gasoline. Any person who ships the gasoline to or within the control area during a control period shall carry a copy of the record made by the terminal operator. The terminal operator shall retain for one year after the creation of the record or until this chapter ceases to have effect, whichever is the sooner, a copy of the record and shall make such record available for inspection by the commissioner. Such record shall contain for each batch of gasoline leaving the terminal operator:

1. The volume of gasoline;

2. The class of oxygenate in the gasoline, if any, that is to say whether the gasoline contains an ether or an alcohol based oxygenate;

3. The oxygen content, if any;

4. A declaration of whether the destination of the batch of gasoline leaving the terminal operator is within the control area or not; and

5. The name and address of the person to whom the terminal operator shipped the batch of gasoline and the date of such shipment.

B. Any blender who ships or causes to have shipped gasoline to or within the control area during a control period shall make a record, to be made no later than the time of shipment of the gasoline.

Any person who ships the gasoline to or within the control area during a control period shall carry a copy of the record made by the terminal operator. The blender shall retain for one year after the creation of the record or until this chapter ceases to have effect, whichever is the sooner, a copy of the record and shall make such record available for inspection by the commissioner. Such record shall contain for each batch of gasoline leaving the blender:

1. The volume of gasoline;

2. The class of oxygenate in the gasoline, if any, that is to say whether the gasoline contains an ether or an alcohol based oxygenate;

3. The oxygen content, if any;

4. A declaration of whether the destination of the batch of gasoline leaving the blender is within the control area or not; and

5. The name and address of the person to whom the blender shipped the gasoline and the date of the shipment.

C. Any retail outlet operator who purchases or receives the gasoline and record specified in subsection A or B of this section shall retain the record for one year after the creation of the record or until this chapter ceases to have effect, whichever is the sooner, and shall make such record available for inspection by the commissioner.

D. Any wholesale purchaser-consumer who purchases or receives the gasoline and record specified in subsection A or B of this section shall retain the record for one year after the creation of the record or until this chapter ceases to have effect, whichever is the sooner, and shall make such record available for inspection by the commissioner.

E. Any blender or terminal operator who ships or causes to have shipped gasoline destined for the control area during a control period other than to be sold to a retail outlet operator or a wholesale purchaser-consumer shall make a record to be made no later than the time of shipment of the gasoline. Any person who ships the gasoline destined for the control area during a control period shall carry a copy of the record made by the blender or terminal operator. The blender or the terminal operator shall retain for one year after the creation of the record or until this chapter ceases to have effect, whichever is sooner, a copy of the record and shall make such record available for inspection by the commissioner. Such record shall contain for each batch of gasoline shipped the following information:

1. The date of the shipment of the gasoline;

2. The name and address of the blender or terminal operator shipping or causing to have shipped the gasoline and where the blender or terminal operator is not the person shipping the gasoline, the name and address of the person shipping the gasoline;

3. The name and address of the recipient of the gasoline;

4. The volume of gasoline shipped;

5. The identification of the gasoline as nonoxygenated or oxygenated; and

6. The class of oxygenate used in the gasoline, if any, that is to say whether the gasoline contains an ether or an alcohol based oxygenate, and the oxygen content of the gasoline, if any, required by 2VAC5-480-30 of this chapter.

The person shipping the gasoline destined for the control area during a control period shall provide the recipient of the gasoline with a copy of the record required by this subsection E upon delivery of the gasoline to the recipient. The recipient shall retain for one year after the creation of the record or until this chapter ceases to have effect, whichever is the sooner, a copy of the record and shall make such record available for inspection by the commissioner.

Historical Notes

Derived from VR115-04-28 § 5, eff. November 1, 1993.

Statutory Authority

§§ 59.1-153 and 59.1-156 of the Code of Virginia.