3745-72-05 Liability.

 

 

 

3745-72-05                  Liability.

 

 

 

(A)    Except as provided in rule 3745-72-07 of the Administrative Code, a violation of paragraph (A) of rule 3745-72-03 of the Administrative Code by a carrier, whose gasoline is in a transport vehicle, storage vessel, or elsewhere at the facility, shall be deemed a violation for all of the following parties:

 

(1)    The refiner at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (A)(1) of rule 3745-72-06 of the Administrative Code.

 

(2)   The distributor, except as provided in paragraph (A)(2) of rule 3745-72-06 of the Administrative Code.

 

(3)      The ethanol blender at whose ethanol blending plant the gasoline was producedblended, except as provided in paragraph (A)(3) of rule 3745-72-06 of the Administrative Code.

 

(4)     The carrier(s) who previously transported the gasoline to a facility in the gasoline distribution network, except as provided in paragraph (A)(4) of rule 3745-72-06 of the Administrative Code.

 

(B)    Except as provided in rule 3745-72-07 of the Administrative Code, a violation of paragraph (A) of rule 3745-72-03 of the Administrative Code by a distributor who is or is not operating under the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries shall be deemed a violation for all of the following parties:

 

(1)    The refiner at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (A)(1) of rule 3745-72-06 of the Administrative Code.

 

(2)   The distributor, except as provided, in paragraph (A)(2) of rule 3745-72-06 of the Administrative Code.

 

(3)     The carrier(s) who previously transported the gasoline to a facility in the gasoline distribution network, except as provided in paragraph (A)(4) of rule 3745-72-06 of the Administrative Code.

 

(C)    Except as provided in rule 3745-72-07 of the Administrative Code, a violation of paragraph (A) of rule 3745-72-03 of the Administrative Code by an ethanol blender who is or is not operating under the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries shall be deemed a violation for all of the

 

 

following parties:

(1)    The refiner at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (A)(1) rule 3745-72-06 of the Administrative Code.

(2)   The distributor, except as provided in paragraph (A)(2) rule 3745-72-06 of the Administrative Code.

(3)   The ethanol blender, except as provided in paragraph (A)(3) of rule 3745-72-06 of the Administrative Code.

(4)     The carrier(s) who previously transported the gasoline to a facility in the gasoline distribution network, except as provided in paragraph (A)(4) rule 3745-72-06 of the Administrative Code.

(D)    Except as provided in rule 3745-72-07 of the Administrative Code, a violation of paragraph (A) of rule 3745-72-03 of the Administrative Code by a retailer or wholesale purchaser-consumer who sells gasoline under the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries shall be deemed a violation for all of the following parties:

(1)    The refiner at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (A)(1) of rule 3745-72-06 of the Administrative Code.

(2)    The distributor, except as provided in paragraph (A)(2) of rule 3745-72-06 of the Administrative Code.

(3)   The ethanol blender at whose ethanol blending plant the gasoline was blended, except as provided in paragraph (A)(3) of rule 3745-72-06 of the Administrative Code.

(4)   The retailer or wholesale purchaser-consumer, except as provided in paragraph (A)(5) of rule 3745-72-06 of the Administrative Code.

(5)   The carrier who previously transported the gasoline to a facility in the gasoline distribution network, except as provided in paragraph (A)(4) of rule 3745-72-06 of the Administrative Code.

(E)    Except as provided in rule 3745-72-07 of the Administrative Code, a violation of

paragraph (A) of rule 3745-72-03 of the Administrative Code by a retailer or wholesale purchaser-consumer who is not operating under corporate, trade,  or brand name of a gasoline refiner or any of its marketing subsidiaries shall be deemed a violation for the following associated parties:

(1)    The refiner at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (A)(1) of rule 3745-72-06 of the Administrative Code.

(2)    The distributor, except as provided in paragraph (A)(2) of rule 3745-72-06 of the Administrative Code.

(3)      The ethanol blender at whose ethanol blending plant the gasoline was producedblended, except as provided in paragraph (A)(3) rule 3745-72-06 of the Administrative Code.

(4)   The retailer or wholesale purchaser-consumer, except as provided in paragraph (A)(5) of rule 3745-72-06 of the Administrative Code.

(5)     The carrier(s) who previously transported the gasoline to a facility in the gasoline distribution network, except as provided in paragraph (A)(4) of rule 3745-72-06 of the Administrative Code.

Effective:                                                     05/12/2011

R.C. 119.032 review dates:                         01/03/2011 and 08/04/2015

CERTIFIED ELECTRONICALLY

Certification

05/02/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           3704.03(E)

Rule Amplifies:                                  3704.03(A), 3704.03(E)

Prior Effective Dates:                         11/08/94, 1/16/06