Section 69-10-01-03.2 - Equipment repair notice - Applicable usageAn equipment repair notice tag defaults to a rejection seal if the device is not repaired or modified to a compliant state within sixty days. An equipment repair notice tag may be used in the following circumstances:
1. During the period any one of the following is pending:a. Response to a variance permit request;b. Completion of design requirements; orc. Repair of required peripheral equipment;2. When a point of sale liquid-measuring device:a. Is a retail liquid-measuring device that is no more than two cubic inches [32.77 milliliters] outside of the applicable tolerance for over-registration or ten cubic inches [163.87 milliliters] outside the applicable tolerance for under-registration, using a five gallon [18.93 liter] test measure;b. Is a vehicle tank or wholesale liquid-measuring device that is no more than twenty-two cubic inches [360.52 milliliters] outside of the applicable tolerance for over-registration or one hundred cubic inches [1638.71 milliliters] outside the applicable tolerance for under-registration, using a one hundred gallon [378.54 liter] prover;c. Is a liquefied petroleum gas liquid-measuring device that is no more than five-tenths of one percent outside of the applicable tolerance for over-registration or five percent outside the applicable tolerance for under-registration, using a one hundred gallon [378.54 liter] test with a one hundred gallon [378.54 liter] prover;d. Is a liquefied petroleum gas or anhydrous ammonia liquid-measuring device equipped with an automatic temperature compensating system, the allowable error difference between an activated and not activated mechanical or electronic automatic temperature compensating system is no more than one-half of one percent outside of the applicable tolerance for over-registration or under-registration; ore. Is a liquid hydrocarbon or agri-chemical measuring device that has an automatic temperature compensating system, the difference between the meter error (expressed as a percentage) for results determined with and without the mechanical or electronic automatic temperature compensating system activated may be no more than one-tenth of one percent outside of the applicable tolerance for over-registration or under-registration;3. When a point of sale weighing device is no more than one scale division outside of applicable tolerance for over-registration or two scale divisions outside the applicable tolerance for under-registration; 4. When a point of purchase or point of sale weighing device is no more than one scale division outside of applicable tolerance for over-registration or under-registration; or5. When fifty-one percent or more of retail fuel devices tested, either by grade or by location, over-registers: a. Four cubic inches [65.55 milliliters] or more when using a five-gallon [18.93-liter] test measure; orb. Forty-seven cubic inches [770.19 milliliters] or more when using a one hundred-gallon [378.54-liter] prover.N.D. Admin Code 69-10-01-03.2
Effective March 1, 2003; amended effective November 1, 2003; May 1, 2005; July 1, 2008.Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02, 64-02-13