(2) Fail to place out of service, in accordance with an
order of the Department of Labor and Industry, 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 8807(a)
(relating to retail service stations ). Each delivery or
acceptance constitutes a separate offense.
(4) Fail to remain at a location no more than 10 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 8807(b)(2) is posted. Responsibility for
compliance with this paragraph shall reside exclusively with
the person utilizing a hold-open device.
(5) Use or operate any of the emergency controls or
electrical disconnects to control the dispensing devices
other than for an emergency. An attendant may use or operate
any of the emergency devices or electrical disconnects for
security or antitheft purposes.
§ 8811. Penalties and remedies.
(a) Initial offense.--Except as provided for under
subsection (c), a person that violates this chapter or a
regulation under this chapter commits a summary offense and,
upon conviction, shall be sentenced to pay a fine of $500.
(b) Subsequent offenses.--A person that, after being
sentenced under subsection (a), violates this chapter or a
regulation under this chapter commits a summary offense and,
upon conviction, shall be sentenced to pay a fine of $1,000.
(c) Improper container.--A person who violates section
8807(c) (relating to retail service stations ) relating to
portable container specifications commits a summary offense and,
upon conviction, shall be sentenced to pay a fine of not more
than $100. The responsibility for compliance with section
8807(c) shall reside exclusively with persons who use portable
containers to store or handle flammable combustible liquids. The
filling of the 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 civil liability for failure to properly
identify the contents of the containers.
(d) Restitution.--If the sign required under section 8807(b)
(2) is posted, a person that violates section 8810(4) (relating
to prohibitions) shall be liable for payment of all
environmental cleanup costs associated with a fuel spill
resulting from the person's violation of section 8810(4).
§ 8812. Applicability.
This chapter shall not apply to the possession, use or
storage by a farm of motor fuel for noncommercial purposes or a
substance to facilitate the production of crops, livestock and
livestock products. This chapter shall not apply to a tank in
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