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 blended, 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 blended, 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
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