§ 4-33-108 — Locking and sealing of pumps in violation of chapter -- Posting notice -- Removal of sealed fuel -- Resealing.

(1) (1)(a) The department may lock and seal any pump or other dispensing device that is in violation of this chapter.
(1)(b) If the department locks and seals a pump or other dispensing device pursuant to Subsection (1)(a), the department shall post a notice in a conspicuous place on the pump or other dispensing device stating that the device has been sealed by the department and to break or destroy the seal or to mutilate or alter the notice is unlawful.
(2) (2)(a) Any person who is aggrieved by the action of the department may advise the department that such person intends to remove the balance of the motor fuel from the tank or other container which contains the sealed motor fuel.
(2)(b) The department, within two working days after the receipt of such notice, shall break the seal or lock for the container to be emptied.
(3) (3)(a) If the aggrieved party fails to remove the sealed motor fuel within 24 hours after the department breaks the seal, the department may reseal the dispensing device.
(3)(b) The seal may not be broken nor the contents of any container removed, except after a subsequent written notice of intent to remove is filed with the department and upon the payment of a service charge determined by the department pursuant to Subsection 4-2-103(2).
(3)(c) A notice of intent to remove may be filed on paper or electronically.

Legislative History

Renumbered and Amended by Chapter 345, 2017 General Session