66-2213.

Waiver; application; administrative order; issuance; termination.

(1) The director shall issue an administrative order that waives the requirement that a retail dealer comply with subsection (2) of section 66-2211 at a retail motor fuel site owned or operated by the retail dealer if the retail motor fuel site qualifies under this section based on the fact that the motor fuel storage and dispensing infrastructure located at such site is not compatible with the use of E-15 gasoline.

(2) A retail dealer may apply for a waiver under this section by submitting an application to the department in a manner prescribed by the department.

(3) The application shall be supported by credible evidence that the retail dealer is unable to comply with subsection (2) of section 66-2211 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline and the cost to replace the motor fuel storage and dispensing infrastructure would exceed fifteen thousand dollars as determined by a person certified by the department as a professional retail motor fuel site installer. For purposes of this section, motor fuel storage and dispensing infrastructure is compatible with E-15 gasoline if the equipment is included in a list published by an independent testing laboratory for use with E-15 gasoline or the manufacturer of the equipment has issued a written statement of compatibility with E-15 gasoline.

(4) The application shall include an inventory and description of the motor fuel storage and dispensing infrastructure located at the retail motor fuel site.

(5) The department may require a retail dealer to attach any supporting documentation to the application, which may include an inspection report completed by a person certified by the department as a professional retail motor fuel site installer. The certified professional retail motor fuel site installer may be a licensed engineer or other person who the department determines is qualified by education, testing, or experience to oversee a project involving the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure.

(6) The department, in consultation with the State Fire Marshal, shall review and evaluate an application to determine whether it is supported by credible evidence sufficient for the director to issue an order granting a waiver under this section. The department shall approve or disapprove a completed application within one hundred twenty days following the date that the application was submitted to the department.

(7) The retail dealer shall sign the application, which shall include a statement that the retail dealer swears or affirms that all information in the application completed by the retail dealer is true and correct. If a certified professional retail motor fuel site installer completes an inspection report to support an application, the installer shall sign a statement that the installer swears or affirms that all information in the inspection report completed by the installer is true and correct.

(8) The department may inspect the premises of a retail motor fuel site during normal business hours to administer and enforce the provisions of this section.

(9) The department shall publish a copy of each administrative order granting a waiver under this section on the department's website within ten days after the issuance of the order. The order shall take effect on its date of publication, unless the order specifies a later date.

(10)(a) The director shall terminate an administrative order issued under this section if a terminable event has occurred. A terminable event includes any of the following:

(i) The failure of a retail dealer to maintain a valid permit as required under section 89-187.01;

(ii) The cessation of the retail dealer's business of advertising for sale or selling motor fuel at the retail motor fuel site; or

(iii) The installation, replacement, or conversion of a motor fuel storage tank located at the retail motor fuel site.

(b) The department may require that a retail dealer notify the department that a terminable event as described in subdivision (10)(a) of this section is planned to occur, is occurring, or has occurred.