290.650b Conduct as misdemeanor or felony; assessment of costs.

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Sec. 10b.

(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 effective or inoperable any part of a stage I vapor-recovery system.

(b)Makes a false statement, representation, or certification on an application, report, plan, label, or other document that is required to be maintained under this act or rules promulgated under this act.

(c)Fails to disclose to the department any knowledge or information relating to or observation of any modification of a stage I vapor-recovery system which makes the system less effective or inoperable, or falsification of records required to be maintained under this act or rules promulgated under this act.

(d)Removes a tag, seal, or mark placed on a dispensing device by the director.

(e)Violates this act or a rule promulgated under this act for which a specific penalty is not prescribed.

(2)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 acts is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $2,000.00 or more than $10,000.00, or both:

(a)Violates a prohibited act listed in this section within 24 months after another violation of this section that results in a conviction.

(b)Impersonates in any way the director or any department inspector.

(3)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 acts is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $10,000.00 or more than $15,000.00, or both:

(a)Intentionally commits a prohibited act under this section.

(b)Violates a prohibited act listed in this section within 24 months after 2 previous violations of this section that result in convictions.

(4)If a violation of this section results in a conviction, the court shall assess against the defendant the costs of the department's investigation, and these costs shall be paid to the state treasury and deposited in the gasoline inspection and testing fund to be used for the enforcement of this act.

History: Add. 1993, Act 236, Imd. Eff. Nov. 13, 1993 ;-- Am. 2002, Act 13 , Imd. Eff. Feb. 19, 2002 ;-- Am. 2006, Act 104 , Imd. Eff. Apr. 6, 2006