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The purpose of these regulations is to establish and support a system at the Airport for the safe, efficient, professionally-managed and environmentally-responsible storage, handling and dispensing of Fuel to Aircraft.
Recognizing the County’s obligation to provide Aircraft owners and operators with the opportunity to Fuel their own Aircraft, these regulations also provide for Self-Fueling. For purposes of this Chapter 10.20, references to “Fueling Operations”, “Fueling Operations Permit” or “Permitte” shall apply to both Retail Fuel Sales and Self-Fueling, unless a contrary meaning is plainly indicated. (§ 10.20.010 repealed reenacted Ord. 028-05)
A. Prior to, and as a pre-requisite to, the conduct of any Fueling Operations, a Person must possess a Fueling Operations Permit issued by the Director of Aviation, which permit may be either a Retail Fuel Sales permit or a Self-Fueling permit, and conform to all procedures outlined herein and therein.
B. A Retail Fuel Sales permit may be included in a written lease between the County and an FBO or S-FBO and shall be subject to the applicable provisions of that lease, the Minimum Standards and this division. (Ord. 93-14 § 1 (part)). For purposes of this Chapter 10.20, conditions on Fueling Operations imposed on “Permittees” shall apply equally to any FBO or S-FBO conducting Retail Fuel Sales pursuant to a lease with the County. (§ 10.20.020 repealed reenacted Ord. 028-05)
A. The Director of Aviation reserves the right to publish and amend, from time to time, all forms and documents referred to in these regulations or reasonably necessary to accomplish the purpose of these regulations including, without limitation, permit application form; permit form; permit denial form; mobile Fuel dispenser checklist; flowage fee reports; Fuel handler’s examination and study guide; Fuel spill report form; and notice of permit suspension form.
B. Such forms and documents shall be created or amended by an internal County rule-making process that includes notice to affected parties, an opportunity to be heard (or for written comments) and an appeal or objection process. (§ 10.20.030 repealed reenacted Ord. 028-05)
A. An applicant for a Fueling Operations Permit shall file with the Director of Aviation an application on a form provided for that purpose which must be signed by the applicant. The burden shall be on the applicant to provide the County with a true and complete application and to promptly update the application information as necessary during the term of a permit or renewal thereof. Information provided in the application will be maintained as confidential, if so requested by the applicant, to the extent permitted by law. Such application form shall include, without limitation, the following:
- The name, address and twenty-four (24) hour telephone numbers of the primary (and, if available, secondary) contact Person of the applicant;
- The requested date for commencement of the Fueling Operations and the requested term of conducting the same, provided that the term of any Self-Fueling Permit shall be no longer than 12 months;
- A map to scale of the location of property requested or desired to be occupied or used;
- An identification of any necessary or desirable capital improvements to be constructed in conjunction with the Fueling Operations and applicant’s proposal for and constructing/installing and financing the same;
- A detailed description and identification of the Aircraft to be fueled and all equipment and Facilities to be used and copies of all documents indicating ownership and/or the applicant’s right to use of same;
- The number and identification of Persons proposed to conduct the Fueling Operations;
- The hours of proposed Fueling Operations;
- Proof of insurability to the types and limits of insurance coverage as provided herein;
- A listing of the federal, state and local laws, rules and regulations to which the operations are subject;
- A plan for compliance with the County’s management, environmental and land-use requirements, policies and goals;
- The mailing address to which notices under these regulations are to be sent by certified mail;
- Any other information determined by the Director of Aviation to be reasonably necessary or useful in the review and evaluation of the application and/or the conditions of the permit.
B. The Director of Aviation reserves the right, prior to certification of an application as complete, to forward applications to referral agencies including, without limitation, the fire marshal, the sheriff’s department and the building inspection department, for review and comment on safety and hazardous materials concerns arising from the proposed Fueling Operations. In that event, no Fueling Operations Permit shall issue and no Fuel dispensed without requisite approvals from these agencies or departments.
C. When an application has been filed with the Director of Aviation and certified by the Director to be in complete and proper form, the Director shall arrange inspections(s) of the applicant’s proposed Fueling Operations including, without limitation, the site, Facilities and equipment for the proposed operation(s) in order to verify compliance or determine what action is necessary in order to be in compliance with these regulations.
D. The Director shall issue or deny in writing a Fueling Operations Permit within thirty (30) days of receipt of a complete application or within other such reasonable time as may be necessary for the full and complete review of the application. If issued, the permit may contain such conditions, requirements and restrictions as are determined by the Director of Aviation to be reasonably necessary to accomplish the purposes of these regulations. Grounds for denial shall be a finding of one or more of the following:
- The applicant has failed to provide required information or has provided incomplete, false or misleading information in his or her application;
- The applicant’s proposed Fueling Operation(s) will violate an applicable law, ordinance or regulation;
- The applicant (or proposed personnel) is then subject to a suspension under these regulations or has had a Fueling Operations Permit revoked within the two years immediately preceding the date of application;
- The applicant has failed to prove that it meets the minimum requirements of these regulations; or
- The applicant has failed to prove that it holds any other permits, licenses or certificates required by the Uniform Fire Code or other ordinances or laws.
E. A Self-Fueling permit issued by the Director of Aviation shall be displayed in a conspicuous place on the Permittee’s premises at all times. Such permit shall be made available for inspection at any reasonable time upon request by the Director of Aviation or designee.
F. A Self-Fueling permit will be valid for no more than twelve (12) consecutive calendar months from the date of issuance.
G. Fueling permits expressly are not assignable or transferable. (§ 10.20.040 repealed reenacted Ord. 028-05)
A. A Permittee shall at all times insure that Fueling Operations conducted by the Permittee thereunder are in strict compliance with all then-current applicable County, state and federal laws and regulations and the terms and conditions of applicable insurance policies.
B. A Permittee shall comply with all standards of the National Fire Protection Association (NFPA) and the American Petroleum Institute (API) including, but not limited to, those standards set out in the NFPA’s Part 407, Aircraft Fueling and Servicing, API’s Bulletin Number 1542, Airport Equipment Marking for Fueling Identification, the Uniform Fire Code, and applicable FAA Advisory Circulars, all as they may be amended.
C. It shall be the responsibility of the Permittee to know and keep current all changes to applicable County, state and federal laws and regulations, whether then in effect or enacted after the permit is issued.
D. FAA Advisory Circular No. 150/5230-4, Subj: Aircraft Fuel Storage, Handling, and Dispensing on Airport, with all current changes, shall be used for determining the minimum requirements for training of fueling personnel, inspections, procedures for dispensing, filtering, minimum safety requirements for refueling vehicles, emergency procedures, and other related fueling safety items. (§ 10.20.050 repealed reenacted Ord. 028-05)
A. Personnel.
- Aircraft Fueling Operations shall be conducted solely and exclusively by the Permittee personally or by Permittee’s own employees.
- Aircraft Fueling Operations, including the use of Facilities and equipment, shall be conducted only by Persons instructed in the methods of proper use and operation of such equipment and who are qualified to use such equipment.
- Permittee shall not allow unauthorized personnel to occupy or use its sites, Facilities or equipment.
B. Training Program/Policies and Procedures.
- A Permittee shall not conduct Fueling Operations, until the Permittee has successfully completed a fueling training program approved by the County. Proof of training, i.e., test scores, shall be kept on file for inspection in the office of the Director of Aviation.
- A Permittee shall not conduct Fueling Operations until the Permittee has adopted a written policies and procedures manual covering all aspects of its Fueling Operations, including self-inspection procedures.
C. Inspection.
- A Permittee or the employees of Permittee shall not begin Fueling Operations until the Director of Aviation has inspected all of the Permittee’s fueling Facilities, equipment and policies and procedures and has determined that they comply with the requirements of these regulations.
- Each Permittee shall prepare a record of its self-inspection and inspection procedures in sufficient detail to assure the Director that the self-inspection procedures are adequate and completed on a regular, recurring basis.
- A Permittee shall allow the Director of Aviation or his or her designated repre-sentative(s) to enter and inspect any and all equipment and Facilities at all reasonable hours to ensure compliance with the requirements of these regulations and at any time in response to an emergency or a reported or suspected hazardous condition.
D. Fuel Quality and Types.
- All Fuel shall be clean, bright, pure and free of microscopic organisms, water, or other contaminants.
- For Self-Fueling permits, permittee shall provide Aircraft Fuel of the types required only by those Aircraft expressly identified on its Self-Fueling permit.
- Aircraft using MOGAS must meet standards as identified in the applicable supplemental type certificate (STC) for the permitted Aircraft. A copy of this STC shall be provided to the Director of Aviation prior to the issuance of the permit. Permittee shall further certify that the MOGAS does not contain alcohol, methanol, or both which can be detrimental to rubber parts, carburetor, gaskets, and other engine components.
E. Location of Fueling Operations.
- Aircraft Fueling Operations may be conducted only on those portions of the Airport that are expressly identified and permitted for that purpose.
- A Permittee shall obtain the written approval of the Director prior to the construction or installation of any Improvement on Permittee’s permitted location.
F. Restrictions on Self-Fueling Operations.
- Permittees are prohibited from selling and/or storing, handling or dispensing Fuel(s) for or to other Airport users including locally based and transient Aircraft. A Permittee or the employees of a Permittee may dispense Fuel on or from Airport premises only to Aircraft expressly identified on its Self-Fueling permit.
- Fueling of any Aircraft not owned by the Permittee shall constitute violation of the fueling permit and be grounds for immediate suspension and revocation of the permit. Prior to issuance and subsequently upon request by the Director of Aviation, Permittee shall, as a continuing obligation under its permit, be required to provide evidence of ownership of any Aircraft being fueled.
G. Conduct of Fueling Operations.
- Fueling personnel shall be appropriately clothed. Garments that generate static electricity such as silk, polyesters, or nylon with wool shall not be worn. Shoes shall not contain taps, hobnails, or other material which could generate sparks on the pavement. No Person shall use any material during Fueling/defueling Operations which could cause a static discharge.
- Fuel dispensing Vehicles always shall be positioned to have a clear exit path.
- Fuel dispensing Vehicles shall always yield right of way to all Aircraft and snow removal equipment.
- Hangared Aircraft, while being fueled/defueled, shall be positioned outside of the hangars. At no time, and under no circumstances, shall any Aircraft be fueled or defueled while it is inside any hangar, storage or Maintenance facility.
- No Aircraft shall be fueled while the engine is running, except that helicopters and fixed-wing Aircraft on authorized and dedicated MEDEVAC, “flight-for-life,” disaster relief missions, or bona-fide emergency operations may be fueled while the engine is running provided that the Permittee has developed written safety precautions for such fueling operations and follows the safety precautions for each such fueling operation..
- No potential sources of Fuel ignition shall be allowed within fifty (50) feet of any Fueling Operation.
- No electrical switch in an Aircraft shall be operated during Fueling/defueling Operations.
- No passenger(s) will be permitted in any Aircraft during Fueling/defueling Operations; provided, however, that passengers may be aboard if such procedure is a part of an approved policies and procedures manual and exit stairs are in place and a trained attendant is at the exit at all times during the operations.
- Aircraft and fueling equipment shall be electrically bonded to each other to minimize the possibility of sparks from static electricity while fueling/defueling.
- Fueling equipment may be Parked or positioned on GA Aircraft Ramp, staging or Parking areas only when dispensing Fuel into Permittee’s Aircraft.
- The total amount of Fuel transported onto the Airport for Self-Fueling Operations shall not exceed that amount necessary for a single refueling of the Permittee’s Aircraft. All Fuel in excess of that amount shall be removed from the Airport immediately after the Fueling Operation is completed. (§ 10.20.060 repealed reenacted Ord. 028-05)
A. All Fuel stored on the Airport must be in permanent Fuel storage tanks. The installation of storage tanks shall conform to the current Uniform Fire Code and Environmental Protection Agency (EPA) standards and, in addition:
- The determination of whether the tanks shall be installed aboveground or underground is reserved to the County in keeping with then-current regulations and practices.
- The applicant for a Fueling Operations Permit shall be responsible for all applicable land-use and Building permit approvals including, without limitation, those required under the Airport FAA Master Plan and the Pitkin County land use code, as amended.
- A Permittee shall require any contractor it hires for construction of permanent Improvement to provide performance and payment bonds acceptable to the Director of Aviation in the full amount of the construction contract naming the Permittee and Pitkin County as joint obligees.
B. Mobile dispensing equipment shall be a minimum capacity of four hundred (400) gallons for each type of Fuel dispensed and, in addition:
- Jet Fuel and aviation gasolines are prohibited on the same chassis.
- Approved aviation gasolines of different octanes may be dispensed from separate tanks on one chassis if the Fuel systems are complete and independent of each other. The systems shall include separate loading, plumbing, sumps, pumps, filters, meters, hoses and dispensing nozzles.
- Mobile refuelers shall have Facilities for bottom loading.
- Airport Fueling Vehicles shall be maintained and operated to conform to the NFPA Standard Part 407 and shall comply, at all times and in all respects, with the County’s published checklist for such equipment.
C. Fuel transport containers shall have a capacity of not less than fifty (50) gallons each, and shall be clearly marked with the type of Fuel to FAA standards.
- Fuel transport and dispensing tanks/containers must comply with all applicable federal, state and County regulations regarding the transportation and storage of flammable or combustible liquids.
- Fuel transport and dispensing container(s) shall be mechanically secured in or on the transport Vehicle and shall at all times be clean, leak-free and otherwise well-maintained.
- Fuel dispensing container(s) shall have a valve mechanism such that water or other contaminants can be drained from the lowest point on the tank, unless equipped with a glass bowl type filter of adequate size approved by the Director of Aviation. A Fuel uplift standpipe shall be constructed such that approximately five (5) to ten (10) percent of the total capacity of the dispensing tank cannot be delivered through the dispensing system (five (5) to ten (10) percent unusable sump).
- Portable gas cans are prohibited.
D. All Fuel dispensing equipment shall be subject to the following requirements:
- Pumps, either hand or power operated, shall be used when Aircraft are fueled. Pouring or gravity flow shall not be permitted. Meters for monitoring and reporting flowage shall be used.
- All Fuel dispensing equipment must be of a kind that requires manual operation to dispense fuel. Neither the dispensing equipment itself nor the operation of the dispensing equipment shall permit unattended Fueling Operations.
E. All fueling Facilities and equipment shall be maintained in a safe and clean condition equal in appearance and character to other similar airport equipment, Facilities and Improvements.
Upon written notice, a Permittee shall perform any reasonable fueling facility maintenance the Director of Aviation determines is necessary. If a Permittee fails to undertake such maintenance within ten (10) working days of receipt of written notice, the Director may perform the maintenance and/or suspend the permit. If maintenance is performed by the County, the Permittee shall reimburse the County, via the Director of Aviation, for the cost of the maintenance performed.
F. Adequate fire extinguishers of an approved type shall be within ready, easy and accessible reach of Persons engaged in the Fueling Operation. There shall be maintained at all times at least one fully charged, approved portable fire extinguisher of not less than “20:B, C” rating.
G. At all times while conducting Fueling Operations, Permittee shall have available for immediate use adequate equipment and materials to clean up small spills including, without limitation, absorbent materials, brooms, shovels and a container for cleaned-up Fuel. (§ 10.20.070 repealed reenacted Ord. 028-05)
A. Upon the occurrence of any Fuel spill at the Airport, all fueling at or near the site of the spill must cease until corrective action, as required by the Director of Aviation, his or her designated representative, or the local fire marshal, is complete. Any Person must immediately report to the Director of Aviation any Fuel spill that meets or exceeds one of the following criteria: Fuel in excess of five (5) gallons); Fuel spreading on the ground in excess of ten (10) feet in length or diameter; Fuel of any amount entering or approaching a storm drain; or Fuel of any amount entering or approaching a temporary or permanent body of water.
B. If there is any cause to believe the amount spilled may be hazardous to the environment or a fire hazard, the Person conducting operations shall next inform the Aircraft Rescue and Firefighting (ARFF) Department orand the Aspen Fire Protection District (AFPD) and thereafter co-operate with ARFF and AFPD in the containment and cleanup of the spill. The Director of Aviation may, in his or her sole discretion, charge Permittee the actual costs of a Fuel spill response by the ARFF. The AFPD may, at its sole discretion, charge Permittee the actual costs of a Fuel spill response by the AFPD. Such costs may include costs for materials, equipment time and crew time.
C. Persons engaged in Fueling/defueling Operations shall exercise due care to prevent overflow or spillage and will take immediate measures to report and remove or assist in the removal of any volatile liquid when spilled.
D. No Person shall start the engine of any Aircraft when there is Fuel on the ground under or aroundvisible from any such Aircraft.
E. After a spill that requires ARFF or AFPD response, athe Fueling Operations Permit associated with the spill is deemed to be immediately suspended until the formal written report described below is filed by the Permittee with the Director of Aviation.
F. The formal written report to be filed by the Permittee with the Director of Aviation as soon as possible after the Fuel spill incident shall include:
- Permittee name;
- Registration number(s) of Aircraft involved or affected by the spill;
- Exact time/date and location of spill;
- Description of spill including type of Fuel spilled and Permittee’s representation as to total amount of the spill;
- Itemized listing of personnel and equipment on scene during the spill and spill response;
- Representation as to the cause of the spill;
- Description of all clean-up and remedial actions;
- Step(s) undertaken to ensure no further reoccurrence of such an incident; and
- Any other information determined by the Director of Aviation to be reasonably necessary or useful in reviewing or evaluating the spill, the cause of the spill and the steps necessary to prevent future similar spills. (§ 10.20.080 repealed reenacted Ord. 028-05)
A. A Permittee shall, at his or her own expense, purchase, maintain and keep in force during the term of the permit such categories of casualty and liability insurance as are set forth below. The Permittee shall not commence Fueling Operations under a permit unless all the insurance required under the permit has been obtained and such insurance has been approved by the County.
B. The Director of Aviation reserves the right, in consultation with the Airport’s insurance advisors, to establish from time to time in response to each application or renewal application for a Fueling Operations Permit, required indemnity and insurance forms and coverages including, without limitation: types of coverages (including endorsements, conditions and exclusions); limits of liability and deductibles; and the written proof of required coverages. Such requirements shall be commercially-reasonable for the activities to be undertaken by Permittee, non-discriminatory, and consistent with standards and forms then-current in the industry.
C. The minimum coverages and endorse-ments shall be:
- Employer’s insurance:
- a. Worker’s compensation; and
- b. Employer’s liability.
- Liability insurance: comprehensive broad form general liability (including endorsements for contractual indemnity, premises, products/completed operations, independent contractors, personal injury and broad form property).
- Motor Vehicle liability insurance: comprehensive liability (including coverage for owned, hired and non-owned Vehicles).
D. It shall be the responsibility of a Permittee to deliver and maintain a current copy of a complying certificate of insurance with the Director of Aviation. (§ 10.20.090 repealed reenacted Ord. 028-05)
A. Each Permittee shall maintain complete and accurate records of all Fuel delivered and dispensed and shall allow the Director or his or her official representative to inspect its records at any reasonable time.
B. Each Permittee shall, on the tenth day of each month, submit to the Director of Aviation a report of Fuel dispensed during the previous month.
C. Each Permittee shall, on the tenth day of each month, submit to the Director of Aviation a copy of the original report received from the Permittee’s supplier(s) showing the types, amounts and date(s) of Fuel delivered to Permittee.
D. Each Permittee shall keep on file written daily sump check records for inspection. (§ 10.20.100 repealed reenacted Ord. 028-05)
An application for renewal of a Fueling Operations Permit must be made at least forty-five (45) days prior to expiration of the existing permit. A new application must be filed for each renewal but new applications may incorporate any previous application(s) to the extent that any such information on previous applications is expressly represented to be unchanged. (§ 10.20.110 repealed reenacted Ord. 028-05)
A. The Director of Aviation may suspend a Fueling Operations Permit or suspend Fueling Operations authorized by a lease upon proof by a preponderance of the evidence that one or more of the following has taken place:
- The Permittee or Lessee has violated any provision of these regulations or the subject permit;
- Permittee or Lessee has failed to properly report or respond to a Fuel spill or failed to properly pay charges assessed as a result of a Fuel spill;
- The Permittee or Lessee has given false or misleading information during the application or renewal process;
- The Permittee or Lessee has given false or misleading information in the reporting of any information specified in these regulations;
- The Permittee or Lessee has failed to pay any fees or charges required by these regulations;
- The Permittee or Lessee has knowingly failed to co-operate, or has impeded or hindered an inspection by the Director of Aviation or his or her authorized representative to inspect any and all elements of the subject Fueling Operations;
- The Permittee or Lessee has failed to maintain or to prove then-current required insurance coverages;
- The Permittee or Lessee has failed to make needed corrections to its Fueling Operations in a timely manner as directed by the Director;
- Permittee or Lessee has knowingly or persistently failed to comply with reasonable directions of the Director of Aviation; or
- Permittee or Lessee has taken any action that causes or is likely to cause a safety risk or hazard.
B. The Director of Aviation may immediately and summarily suspend any permit or Fueling Operations authorized by a lease (or any unpermitted Fueling Operations) for any violation of any term or condition of a permit or these regulations. Notice of suspension may be given orally by the Director of Aviation, if followed promptly by written notice served as provided herein. The County may pursue additional or alternative remedies as may be authorized pursuant to a lease with an FBO or S-FBO.
C. A notice of suspension shall contain a statement setting forth the reasons for the suspension and the period of the suspension and notify the Permittee or lessee of his or her right to appeal.
D. Notices hereunder shall be served upon a Permittee, Lessee or unpermitted Person by the Director of Aviation by certified mail, return receipt requested, or by personal delivery. Such notice shall be effective two (2) Business days following proper mailing or personal delivery. The refusal to accept such notification, if properly made by the Director, will not stay the suspension action.
E. A request for an appeal of a suspension must be made in writing to the County court and served on the Director of Aviation within ten (10) calendar days of the effective date of a written notice of suspension in the same manner provided for service on Permittee, Lessee or unpermitted Person. A timely request for appeal stays the effect of the suspension unless the Director certifies in a written denial of reinstatement served upon the suspended Permittee or lessee that such a stay would, in his opinion, cause imminent peril to life or property.
F. Upon receipt of a timely request for appeal, the County courtDirector of Aviation shall promptly schedule a hearing before the duly appointed County hearing officer in order to allow the Permittee or lessee to show cause why the permit or lease provisions should not be suspended. The hearing officer’s written decision after such a hearing shall be served on the Permittee, Lessee or unpermitted Person as provided herein. (§ 10.20.120 repealed reenacted Ord. 028-05)
A. The Director of Aviation may revoke a Fueling Operations Permit or terminate provisions of a lease authorizing Fueling Operations upon evidence that one or more of the following has taken place:
- Permittee or lessee has willfully violated any provision of these regulations or the subject permit and such an act or omission has resulted in the creation or Maintenance of a safety or environmental hazard;
- Permittee or lessee has been suspended twice for acts or omissions within a two-year period; or
- Permittee or lessee has conducted Fueling Operations while under suspension.
B. A notice of revocation shall contain a statement setting forth the reasons for the revocation and the period of the revocation and notify the Permittee or lessee of the right to appeal.
C. Notices hereunder shall be served upon a Permittee, lessee or unpermitted Person by the Director of Aviation by certified mail, return receipt requested, or by personal delivery. Such notice shall be effective two (2) Business days following proper mailing or personal delivery. The refusal to accept such notification, if properly made by the Director, will not stay the revocation action.
D. A request for an appeal of a revocation must be made in writing to the County court and served on the Director of Aviation within ten (10) calendar days of the effective date of a written notice of revocation in the same manner provided for service on Permittee or lessee. A timely request for appeal stays the effect of the revocation unless the Director certifies in a written denial of reinstatement served upon the suspended Permittee or lessee that such a stay would, in his or her opinion, cause imminent peril to life or property. (§ 10.20.130 repealed reenacted Ord. 028-05)
A. A notice of suspension (as it may be modified by the appeal process) shall specify the period of suspension. If the period of suspension is less than the time remaining on the subject permit or lease, Permittee or lessee may resume Fueling Operations only after an inspection by the Director of Aviation to determine that the basis of the suspension has been cured and a written certification of reinstatement by the Director. If the period of suspension is equal to or greater than the time remaining on the subject permit or lease, Permittee or lessee may resume Fueling Operations only after a new application process hereunder.
B. The minimum period of a revocation shall be two years, after which a Permittee or lessee is eligible to apply for a new Fueling Operations Permit. (§ 10.20.140 repealed reenacted Ord. 028-05)
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