reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.9 - Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitions for
				  Alternatives.
(1) Any person subject to these
				  regulations may submit a petition to the Division Chief for alternatives to the
				  requirements of Article 4.8 as applied to the petitioner.
(2) All petitions for alternatives must be
				  submitted in writing. A petition may be in any written form, but it must
				  contain all data and information necessary to evaluate its merits to fulfill
				  the purposes of these regulations to move the State expeditiously toward
				  elimination of the discharge of nonindigenous species into the waters of the
				  State, or into waters that may impact the waters of the State, based on the
				  best available technology economically achievable.
(3) All petitions for alternatives must be
				  submitted and must receive approval prior to the vessel's arrival to a
				  California port.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.9.1 - Emergency Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A vessel will be exempt from the requirements contained within Article 4.8 if
				  all of the following conditions are satisfied:
(1) The vessel makes an unscheduled arrival
				  to a California port because of an emergency, where the safety of the vessel or
				  crew is compromised;
(A) Arrival for the sole
				  purpose of scheduled bunkering is not an emergency under this
				  clause;
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.01 - Purpose and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the regulations in Title
				  2, Division 3, Chapter 1, Article 4.9 of the California Code of Regulations is
				  to establish policies and procedures the Executive Officer of the California
				  State Lands Commission shall undertake in assessing and commencing
				  administrative enforcement actions pursuant to California Public Resources Code
				  section
				  71216.
(b) This article shall govern the enforcement
				  and procedures related to violations of any of the provisions of Division 36 of
				  the Public Resources Code and Title 2, Division 3, Chapter 1, Articles 4.5,
				  4.6, 4.7, and 4.8 of the California Code of Regulations.
(c) The provisions of this article apply to
				  all vessels, United States and foreign, carrying, or capable of carrying,
				  ballast water into the coastal waters of the state after operating outside of
				  the coastal waters of the state as well those vessels operating exclusively
				  within the pacific coast region, except those vessels described in section
				  71202
				  of the Public Resources Code.
1. New
					 article 4.9 (sections
					 2299.01-2299.09) and section filed
					 3-21-2017; operative 7-1-2017 (Register 2017, No.
					 12).
Note: Authority cited: Sections
						71201
						and
						71201.7,
						Public Resources Code. Reference: Section
						71201,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.02 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "CCR" means the
				  California Code of Regulations.
(b)
				  "Cited Party" means the master, owner, operator, agent, or person in charge of
				  a vessel that has violated a provision or provisions of the California Marine
				  Invasive Species Act (codified as Cal. Pub. Resources Code §
										71200
				  et seq.) or title 2, California Code of Regulations, Articles 4.5, 4.6, 4.7,
				  and 4.8.
(c) "Coastal waters" means
				  estuarine and ocean waters within 200 nautical miles of land or less than 2,000
				  meters (6,560 feet, 1,093 fathoms) deep and rivers, lakes, or other water
				  bodies navigably connected to the ocean.
(d) "Commission" means the California State
				  Lands Commission.
(e) "Exchange"
				  means to replace the water in a ballast tank using, and strictly complying
				  with, either of the methods described in Division 36, Chapter 1, of the
				  California Public Resources Code section
				  71200,
				  subdivision (h).
(f) "Executive
				  Officer" means the Executive Officer of the California State Lands
				  Commission.
(g) "Incorrect
				  exchange" means an exchange that is not performed in full compliance with
				  either of the methods described in Division 36, Chapter 1 of the California
				  Public Resources Code section
				  71200,
				  subdivision (h).
(h) "Land" means
				  the material of the earth, whether soil, rock, or other substances that sit
				  landward of, or at an elevation higher than the ocean's mean high-tide line.
				  Land includes rock outcroppings or islands located offshore.
(i) "PRC" means Public Resources
				  Code.
1. New
					 section filed 3-21-2017; operative 7-1-2017 (Register 2017, No.
					 12).
Note: Authority cited: Sections
						71201
						and
						71201.7,
						Public Resources Code. Reference: Section
						71200
						and
						71216,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.03 - Classification of Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A violation of any provision within Division 36, Chapter 2
					 (comprising sections
					 71203 through
					 71207), of the PRC or Title 2,
					 Division 3, Chapter 1, Articles 4.6, 4.7, and 4.8 of the CCR shall be
					 considered within one of three classes:
(a) Class 1: Class 1 violations shall be
				  issued to a cited party when a vessel discharges ballast water in the coastal
				  waters of the state without first complying with the appropriate ballast
				  management practices identified in section
				  71204.3
				  of the PRC or
				  2 CCR
				  section 2284.
(1) Class 1 violations will be considered to
				  be:
(A) Minor:
(1) if a vessel subject to section
				  71204.3, subdivision (c) of the
				  PRC, prior to discharging ballast water into the coastal waters of the state,
				  performs an incorrect exchange of ballast water in an area less than 200
				  nautical miles and equal to or greater than 180 nautical miles from land;
				  or
(2) if a vessel subject to
				  2 CCR
				  section 2284, prior to discharging ballast
				  water into the coastal waters of the state, performs an incorrect exchange of
				  ballast water in an area less than 50 nautical miles and equal to or greater
				  than 45 nautical miles from land.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.04 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The cited party shall be assessed a penalty for each
					 violation issued pursuant to this article. The penalty structure for each class
					 of violation, as described in section
					 2299.03 of this Division, shall be
					 as follows:
(a) Class 1 violations
(1) Class 1 violations are subject to
				  penalties in the amount listed in the following table:
Minor
Not to exceed $5,000 per violation
Moderate
Not to exceed $10,000 per violation
Major (I)
Not to exceed $20,000 per violation
Major (II)
Not to exceed $27,500 per violation
(2)
				  Every ballast tank involved in a ballast discharge violating this Division
				  shall be deemed a separate Class 1 violation.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.05 - Preliminary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to pursuing any enforcement action under the provisions of this article,
				  the following preliminary procedures shall be followed.
(1) The Executive Officer shall provide a
				  written notice of a violation to the cited party containing the following:
(A) a description of the violation;
(B) a statement that enforcement proceedings
				  may be initiated; and
(C)
				  notification that the cited party may, within ten (10) working days after
				  receipt of the notice, submit a request in writing to the Executive Officer for
				  a preliminary meeting.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.06 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Civil penalties shall be administratively imposed for violations of the
				  provisions of Division 36, Chapter 2 (commencing with section
				  71203) of the Public Resources Code
				  and Title 2, Division 3, Chapter 1, Articles 4.6, 4.7, and 4.8 of the
				  California Code of Regulations.
(b)
				  Except as otherwise specified in this article, the process to impose civil
				  penalties shall be conducted in accordance with the Administrative Procedure
				  Act located within Title 2, Division 3, Part 1, Chapter 5 (commencing with
				  section 11500) of the Government Code and
				  section
				  71216
				  of the PRC. The Executive Officer and the cited party may agree to settle the
				  violation before, during, or after the commencement of proceedings to impose
				  civil penalties.
1. New
					 section filed 3-21-2017; operative 7-1-2017 (Register 2017, No.
					 12).
Note: Authority cited: Sections
						71201.7
						and
						71216,
						Public Resources Code. Reference: Section
						71216,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.07 - Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After following
				  the preliminary actions described in section
				  2299.05 of this article, the
				  Executive Officer may commence proceedings to impose civil penalties by issuing
				  a complaint.
(b) The complaint must
				  contain all of the following:
(1) a brief
				  statement of the violation alleged, including the acts or failures to act that
				  constitute a basis for liability;
(2) the amount of the civil
				  liability;
(3) a statement that the
				  cited party has the right to a formal hearing, upon request, at which they may
				  be represented by counsel; and
(4)
				  a statement that the cited party's right to a hearing will be deemed waived if
				  the cited party fails to file a notice of defense with the Executive Officer
				  within thirty (30) days from the date the complaint was served on the cited
				  party, or their agent for service.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.08 - Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  cited party may, no later than thirty (30) days after service of the complaint,
				  submit a notice of defense to the Executive Officer at the principal office
				  address identified in section
				  1901 of this Division.
(b) The notice of defense shall be in the
				  form and include the content described in section
				  11506 of
				  the Government Code.
(c) If, within
				  the notice of defense the cited party requests a hearing on the merits, such a
				  hearing shall commence within thirty (30) days after the Executive Officer
				  receives the notice of defense. The Executive Officer and the cited party may
				  stipulate to commence the hearing date later than thirty (30) days.
(d) If the Executive Officer does not receive
				  a notice of defense within thirty (30) days after service of the complaint, the
				  Executive Officer shall issue an order setting liability in the amount of the
				  complaint.
(1) If the Executive Officer and
				  cited party have reached a settlement of the violation, the Executive Officer
				  shall issue an order setting liability in the amount of the
				  settlement.
(2) An order setting
				  liability shall not be subject to review by a court or
				  agency.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process › Section 2299.09 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hearing shall
				  be conducted by an independent hearing officer in accordance with the
				  procedures specified in Title 2, Division 3, Part 1, Chapter 5 (commencing with
				  section 11500) of the Government Code,
				  except as otherwise specified in this section. In making a determination, the
				  hearing officer shall take the following into consideration:
(1) the nature, circumstances, extent, and
				  gravity of the violation, taking into account the harm to the environment and
				  ecology;
(2) the cited party's past
				  and present efforts to prevent, abate, or clean up conditions posing a threat
				  to the public health and safety of the environment; and
(3) the cited party's ability to pay the
				  proposed civil penalty.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2300 - The Marine Environmental Protection Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There is in the Staff of the California State Lands
					 Commission the Marine Environmental Protection Division, which has the primary
					 responsibility for carrying out the provisions of the Lempert-Keene-Seastrand
					 Oil Spill Prevention and Response Act of 1990 within the Commission's
					 jurisdiction.
1. New
					 section filed 6-10-91 as an emergency; operative 6-10-91 (Register 91, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 10-8-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-23-91 as an emergency; operative
					 8-23-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted
					 to OAL 12-23-91 or emergency language will be repealed by operation of law on
					 the following day.
3. New section filed 12-5-91; operative 12-5-91
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Repealer and new section filed 11-20-92;
					 operative 12-21-92 (Register 92, No. 47).
5. Editorial correction
					 amending article and section headings (Register 93, No. 10).
6.
					 Amendment of article 5 heading, section heading and section filed 3-9-99;
					 operative 4-8-99 (Register 99, No. 11).
7. Change without regulatory
					 effect amending subsection (b) filed 12-20-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 51).
8. Change without regulatory
					 effect amending section heading and section filed 11-25-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 48).
Note: Authority cited: Sections
						8751,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8755
						and
						8757,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2301 - The Marine Facilities Inspection and Management Division. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-10-91 as an emergency; operative 6-10-91 (Register 91, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 10-8-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-23-91 as an emergency; operative
					 8-23-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted
					 to OAL 12-23-91 or emergency language will be repealed by operation of law on
					 the following day.
3. New section filed 12-5-91; operative 12-5-91
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Repealer filed 11-20-92; operative
					 12-21-92 (Register 92, No. 47).
Note: Authority cited: Sections
						6005,
						6105,
						6108,
						6216,
						6301,
						6321,
						6501,
						6501.1,
						6501.2,
						8751,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8755
						and
						8757,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2302 - Compliance with Federal, State and Local Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-10-91 as an emergency; operative 6-10-91 (Register 91, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 10-8-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-23-91 as an emergency; operative
					 8-23-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted
					 to OAL 12-23-91 or emergency language will be repealed by operation of law on
					 the following day.
3. New section filed 12-5-91; operative 12-5-91
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Repealer filed 11-20-92; operative
					 12-21-92 (Register 92, No. 47).
Note: Authority cited: Sections
						8751,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8755
						and
						8757,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2303 - Inspections and Monitoring. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-10-91 as an emergency; operative 6-10-91 (Register 91, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 10-8-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-23-91 as an emergency; operative
					 8-23-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted
					 to OAL 12-23-91 or emergency language will be repealed by operation of law on
					 the following day.
3. New section filed 12-5-91; operative 12-5-91
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Repealer filed 11-20-92; operative
					 12-21-92 (Register 92, No. 47).
Note: Authority cited: Sections
						8751,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8670.25
						through
						8670.37.5,
						Government Code; Sections
						8750,
						8751,
						8755
						and
						8757,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2304 - Prior Notice of Transfer Operation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-10-91 as an emergency; operative 6-10-91 (Register 91, No. 33).
					 A Certificate of Compliance must be transmitted to OAL by 10-8-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-23-91 as an emergency; operative
					 8-23-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted
					 to OAL 12-23-91 or emergency language will be repealed by operation of law on
					 the following day.
3. New section filed 12-5-91; operative 12-5-91
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Repealer filed 11-20-92; operative
					 12-21-92 (Register 92, No. 47).
Note: Authority cited: Sections
						8751,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8755
						and
						8757,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2305 - Purpose, Applicability and Date of Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the regulations in Title
				  2, Division 3, Chapter 1, Article 5 of the California Code of Regulations is to
				  provide the best achievable protection of the public health and safety and of
				  the environment by using the best achievable technology.
(b) The provisions of this article shall not
				  apply to:
(1) Oil transfer operations
				  conducted at offshore drilling and production platforms.
(2) Tank cleaning operations which begin
				  after the removal of cargo or fuel from any tank vessel or barge.
(3) Oil transfer operations to or from
				  vessels other than tank vessels or barges if such vessels have oil carrying
				  capacities of less than 250 barrels.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2310 - Alternative Requirements or Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitions for Alternative Requirements or
				  Exemptions.
(1) Any person subject to these
				  regulations may submit a petition to the Division Chief for alternative
				  requirements or exemptions to the requirements of Article 5.
(2) All petitions for alternative
				  requirements or exemptions must be submitted in writing. A petition may be in
				  any form, but it must contain all data and information necessary to evaluate
				  its merits.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2320 - Inspections and Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Division shall carry out an inspection program which shall include the
				  following:
(1) At least once a year, the
				  Division shall cause to be carried out an inspection of each marine terminal in
				  the state to determine whether all parts of the terminal are being maintained
				  and operated in such a manner to ensure the public health and safety and the
				  protection of the environment and in accordance with the operations manual
				  required, and approved under Section
				  2385 of these regulations and 33
				  CFR Part 154.
(2) On a continuing
				  basis in accordance with Chapter 31F of Divisions 1 through 11, Title 24, Part
				  2, Volume 1 of the California Code of Regulations, the Division shall carry out
				  or cause to be carried out inspections and investigations of each onshore
				  marine terminal in the state to determine whether the structural integrity of
				  the terminal, the oil transfer operations system and the safety equipment are
				  designed and being maintained in a safe working condition.
(3) On a continuing basis, the Division shall
				  monitor transfer operations at all terminals.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2325 - Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless the
				  Division and a terminal operator agree otherwise, at least four (4) hours, but
				  not more than twenty four (24) hours, prior to the initiation of any transfer
				  operation, the operator of the terminal where the transfer is to take place
				  shall provide notice of the transfer to the Division. For barge operations,
				  where the terminal operator has less than four (4) hours advance notice of the
				  transfer, the terminal operator shall provide the Division with notice of the
				  transfer as soon as possible after receiving notice of the anticipated
				  transfer, but in any case prior to the initiation of transfer
				  operations.
(b) Notifications shall
				  be made in person, by telephone, by facsimile machine, or by email to the local
				  area Division field office. For terminals located north of the boundary between
				  Monterey and San Luis Obispo Counties, notifications are to be made to the
				  Division field office in Hercules, (510) 741-4950; facsimile number (510)
				  741-4975; email address slcherc@slc.ca.gov. For terminals located south of the
				  boundary between Monterey and San Luis Obispo Counties, notifications are to be
				  made to the Division field office in Long Beach, (562) 499-6348; facsimile
				  number (562) 432-0563; email address slclb@slc.ca.gov.
(c) The notification shall include the
				  following:
(1) The location of the
				  transfer;
(2) The expected time of
				  arrival of the vessel;
(3) Time
				  anticipated for initiation of the transfer operations;
(4) The name of the tank vessel or barge
				  involved; and
(5) The type or types
				  of oil, oil products, or mixtures containing oil expected to be transferred,
				  including, but not limited to, cargo, bunker fuel, slops and dirty
				  ballast.
(6) The approximate
				  quantity of material being transferred under the categories of feedstock,
				  product or slops.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2330 - Exchange of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Exchange of Information Prior to a Vessel's Arrival at a Terminal.
(1) Prior to arrival of a tank vessel or
				  barge at the terminal, the terminal operator shall acquire from the tank vessel
				  or barge or its owners, operators or agents, and the vessel's owner, operator
				  or agent shall provide, all of the following items of information which are
				  applicable:
(A) Draft on arrival;
(B) Maximum draft and trim expected during
				  transfer operation;
(C) Whether
				  tank cleaning or crude oil washing will be undertaken;
(D) Any repairs that could delay commencement
				  of cargo transfer;
(E) Manifold
				  details, including type and size;
(F) Quantity and nature of slops, dirty
				  ballast to be transferred at the terminal and any contamination thereof by
				  chemical additives;
(G) Any defect
				  of hull, machinery, piping, valves or other equipment which may:
1. Affect the safe maneuverability of the
				  tank vessel or barge; or
2.
				  Constitute a hazard to public health and safety and the environment;
				  and
(H) Any other
				  information pertinent to mooring, transfer of vessel's stores and cargo
				  transfer operations.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2335 - Declaration of Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  No person may transfer oil to or from a vessel unless both the TPIC and VPIC
				  have filled out and signed a declaration of inspection described in subsection
				  (c) of this section.
(b) No person
				  in charge may sign the declaration of inspection unless he or she has
				  determined by visual inspection, unless visual inspection is precluded, and
				  indicated by initialling in the appropriate space on the declaration of
				  inspection form, that the terminal, vessel, or both, as appropriate, meets the
				  requirements of Section
				  2340.
(c) The declaration of inspection may be in
				  any form, but must contain at least the following:
(1) The name or other identification of the
				  transferring vessel and the terminal;
(2) The address of the terminal;
(3) A list of the requirements in Section
				  2340, subsection (c), with each
				  requirement set forth separately and with spaces on the form following each
				  requirement for the person in charge of the vessel, terminal, or both, as
				  appropriate, to indicate by initialling that the requirement is met for the
				  transfer operation; and
(4) A space
				  for the date, time of signing, signature, and title of each person in charge
				  during transfer operations on the transferring vessel or terminal and space for
				  the date, time of signing, signature, and title of each person in charge during
				  transfer operations on the receiving terminal or vessel.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2340 - Requirements for All Transfer Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No operator, crew member or personnel of
				  a vessel or terminal shall carry out or perform any willful or negligent act or
				  omission which causes the entry of any amount of oil into marine waters during
				  any transfer operation.
(b)
(1) Unless, because of emergencies or
				  unanticipated circumstances, doing so would harm public health or safety or the
				  environment, all transfer operations shall be conducted in accordance with the
				  terminal operations manual approved under §
											2385 of these regulations or vessel
				  transfer procedures required by
				  33 CFR
				  155.720, as appropriate, and with the mutual
				  agreements and understanding established during the pre-transfer
				  conference.
(2) Notwithstanding the
				  provisions of subsection (b)(1) of this section, in circumstances where for
				  operational or safety reasons the sequence of transfer operations or any other
				  conditions or procedures agreed to in the pre-transfer conference are to be
				  changed, the TPIC and VPIC shall, prior to continuation of the transfer
				  operation, confer with each other to ensure that each person in charge clearly
				  understands all information regarding the changes and agrees to all procedures
				  necessary for continuation of a safe and pollution free transfer
				  operation.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2341 - Requirements to Prevent Electrical Arcing at Onshore Terminals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insulating Flange Joint.
For the purpose of this section, an "insulating flange
					 joint" means a typical insulating flange joint as described in Appendix D of
					 ISGOTT or any other insulating flange that meets the electrical resistance
					 requirements of subsection (e) of this section.
(b) Insulating Flange Joints on Metallic
				  Cargo or Vapor Control Arms.
Each metallic cargo or vapor control arm used during a
					 transfer operation shall be fitted with an insulating flange joint to ensure
					 electrical discontinuity between the terminal and vessel. All metal on the
					 vessel's side of the insulating flange joint shall be electrically continuous
					 to the vessel and that on the terminal's side shall be electrically continuous
					 to the terminal's grounding system.
(c) Cargo and Vapor Control Hose Connections.
Each cargo hose string or vapor control hose used during a
					 transfer operation shall have either an insulating flange joint or a single
					 length of non-conducting hose to ensure electrical discontinuity between the
					 terminal and vessel. All metal on the vessel's side of the non-conducting
					 length of hose shall be electrically continuous to the vessel and that on the
					 terminal's side shall be electrically continuous to the terminal's grounding
					 system.
(d) Testing of
				  Insulating Flange Joints.
(1) The terminal
				  operator shall test or cause to be tested each insulating flange joint by
				  measuring the electrical resistance between the metal pipe on the terminal side
				  of the flange joint and the end of the hose or metal arm when freely suspended.
				  Such tests shall be conducted at intervals not exceeding three
				  months.
(2) At terminals which
				  conduct infrequent transfers of oil and the interval between transfers exceeds
				  three months, the test specified in subsection (d)(1) of this section need not
				  be conducted at intervals not exceeding three months. However, such test shall
				  be conducted no more than 7 days prior to the connection of any metallic
				  loading or vapor recovery arm or hose string for the purpose of transferring
				  oil.
(3) The terminal operator
				  shall maintain records of test dates, measured electrical resistance and name
				  and designation of person conducting the test at the terminal for a period of
				  at least one year from the date of testing.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2345 - Fire Prevention for Transfer Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Immediately before or on arrival at a
				  terminal at which it is intended to conduct an oil transfer operation, fire
				  hoses shall be connected to the tank vessel's fire main, one forward and one
				  aft of the tank vessel's manifold. Where monitors are provided, they shall be
				  pointed towards the manifold and be ready for immediate use.
(b) At least two type B-II portable fire
				  extinguishers shall be placed near the manifold, one forward and one aft of the
				  manifold.
(c) When oil is being
				  transferred, pressure shall be maintained on the tank vessel's fire main from
				  the tank vessel's fire pump. Where this is impracticable, the tank vessel's
				  fire pump shall be in a standby condition and ready for immediate use. Fire
				  mains shall be pressurized or be capable of being pressurized within 2
				  minutes.
(d) The vessel's fire
				  extinguishing equipment shall be operational and ready for immediate
				  use.
(e) No packaged cargo or
				  vessel's stores may be transferred between the terminal and the vessel during a
				  transfer operation unless authorized by both the TPIC and VPIC. When
				  authorizing transfers under this subsection, the TPIC and VPIC shall consider
				  any potential risk of fire or explosion.
(f) Blending of two or more oil products in
				  any tank or tanks of a tank vessel or barge alongside a terminal by the
				  introduction of pressurized air shall not be permitted.
1. New
					 section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).
2.
					 New subsection (e) filed 10-5-94; operative 11-4-94 (Register 94, No.
					 40).
3. New subsection (f) filed 3-9-99; operative 4-8-99 (Register
					 99, No. 11).
Note: Authority cited: Sections
						8750,
						8751,
						8752,
						8755
						and
						8757,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8752,
						8755,
						8757
						and
						8758,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2350 - Unauthorized Visitors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except for authorized agents or employees of federal, state or local
				  governmental entities, anyone who does not have the TPIC's permission shall not
				  be allowed access to the terminal.
(b) Except for authorized agents or employees
				  of federal, state or local governmental entities, anyone who does not have the
				  VPIC's permission shall not be allowed access to the vessel.
1. New
					 section filed 11-20-92; operative 12-21-92 (Register 92, No.
					 47).
Note: Authority cited: Sections
						8750,
						8751
						and
						8755,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8752
						and
						8755,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2351 - Marine Terminal Physical Security Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-7-2002 as an emergency; operative 3-7-2002 (Register 2002, No.
					 10). A Certificate of Compliance must be transmitted to OAL by 7-5-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 6-27-2002 as an emergency; operative
					 6-27-2002 (Register 2002, No. 26). A Certificate of Compliance must be
					 transmitted to OAL by 10-25-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 10-24-2002 as an emergency; operative 10-24-2002 (Register 2002, No. 43). A
					 Certificate of Compliance must be transmitted to OAL by 2-21-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						8751,
						8755
						and
						8756,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8752,
						8755
						and
						8756,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2355 - Warning Signs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Vessel Warning Signs.
Any vessel berthed at a terminal for the purpose of
					 conducting a transfer operation shall display warning signs and notices
					 indicating emergency escape routes as recommended in chapter 4 of
					 ISGOTT.
(b) Terminal Warning
				  Signs.
The terminal operator shall ensure that:
(1) Permanent notices and signs indicating
				  that smoking and naked lights are prohibited are conspicuously displayed in the
				  terminal and on the berth and similar permanent notices and signs are displayed
				  at the entrance to the terminal area or shore approaches to the
				  berth;
(2) In buildings and other
				  shore locations where smoking is allowed, appropriate notices are conspicuously
				  displayed; and
(3) Emergency escape
				  routes from the tank vessel berth to a safe place on the shore are clearly
				  indicated.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2360 - Precautions for Performing Hot Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hot Work on Terminal.
No construction, repair, maintenance, dismantling or
					 modifications of facilities which include hotwork shall be carried out at a
					 terminal without the written permission of the terminal operator. If a tank
					 vessel or barge is moored at the terminal, the written agreement of the Master
					 or the VPIC, as appropriate, shall also be obtained if the work is on the
					 berth. The person or entity performing such work shall ensure that work does
					 not commence until written permission is obtained.
(b) Hot Work on Tank Vessel or Barge.
(1) When any repair or maintenance is to be
				  done on board a tank vessel or barge alongside a terminal, the Master or VPIC
				  shall inform the terminal operator. Agreement shall be reached on the safety
				  precautions to be taken, with due regard to the nature of the work.
(2) Hot work on board a tank vessel or barge
				  shall be prohibited unless all applicable regulations and safety requirements
				  of the National Fire Protection Association's Standard for Fire Prevention in
				  Use of Cutting and Welding Processes -- NFPA 51B, 1994, NFPA, 1 Batterymarch
				  Park, Quincy, MA 02269-9101 have been met.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2365 - Lighting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided in subsection (c) of this section, for all transfer operations between
				  sunset and sunrise and during times of reduced visibility, a terminal shall
				  have fixed lighting that adequately illuminates the following:
(1) Each transfer connection point on the
				  terminal;
(2) Each transfer
				  connection point in use on any barge moored at the terminal to or from which
				  oil is being transferred;
(3) Each
				  transfer operations work area on the terminal; and
(4) Each transfer operations work area on any
				  barge moored at the terminal to or from which oil is being
				  transferred.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2370 - Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each terminal
				  shall have a means that enables continuous two-way voice communication between
				  the TPIC and the VPIC.
(b) The
				  means required by subsection (a) of this section shall be usable and effective
				  in all phases of the transfer operation and all conditions of weather at the
				  terminal.
(c) A terminal may use
				  the voice communications system for emergency shutdown specified in Section
				  2380, subsection (h)(6)(B), to meet
				  the requirement of subsection (a) of this section.
(d) An alternate continuous two-way voice
				  communication system shall be available in the event that the primary
				  communications system is disabled.
(e) Portable radio devices used in compliance
				  with this section shall be intrinsically safe, as defined in the Institute of
				  Electrical and Electronics Engineers Standard Dictionary, 1984 edition,
				  published by the Institute of Electrical and Electronics Engineers, available
				  from the American Society of Mechanical Engineers, 22 Law Drive, Box 2300,
				  Fairfield, New Jersey, and meet Class I, Division I, Group D requirements as
				  defined in the National Electric Code, Article 500, 1996 edition, published by
				  NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts
				  02269-9101.
(f) The means of
				  communication shall be continuously manned during a transfer operation by a
				  person or persons who can immediately contact the TPIC and VPIC.
(g) If the means of communications has not
				  been used within a period of 60 minutes during a transfer operation, the means
				  of communications shall be checked to ensure that it is operative.
1. New
					 section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).
2.
					 Amendment of subsection (e) filed 10-5-94; operative 11-4-94 (Register 94, No.
					 40).
3. Amendment of subsection (e) filed 3-9-99; operative 4-8-99
					 (Register 99, No. 11).
Note: Authority cited: Sections
						8750,
						8751
						and
						8755,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8752,
						8755,
						8757
						and
						8758,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2375 - Requirements for Persons in Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Terminal Person in Charge (TPIC).
(1) The TPIC of oil transfer operations shall
				  have successfully complied with all of the following:
(A) A program of operations and supervisory
				  personnel training as prescribed in
				  2 CCR
				  §
													2542(e);
(B) A testing and evaluation procedure to
				  qualify for certification as prescribed in
				  2 CCR
				  §
													2545(f);
(C) Recertification as prescribed in
				  2 CCR
				  §
													2545(g), as
				  appropriate;
(D) At least 48 hours
				  of experience in oil transfer operations, including a minimum of 6 connections
				  and transfers and 6 transfers and disconnects; and
(E) Sufficient experience at the terminal for
				  the terminal operator to determine that this experience is adequate for being
				  in charge of oil transfer equipment and procedures.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5 - Marine Terminals Inspection and Monitoring › Section 2376 - Limitations on Hours of Work for Terminal Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of this section, the term
				  "work" includes any operational or administrative duties associated with a
				  marine terminal.
(b) Except in an
				  emergency or a drill, no TPIC or terminal personnel engaged in transfer
				  operations shall be permitted to work more than 16 hours in any 24 hour period,
				  or more than 40 hours in any 72 hour period, or more than 72 hours in any
				  period of seven consecutive days.
1. New
					 section filed 10-5-94; operative 11-4-94 (Register 94, No.
					 40).
Note: Authority cited: Sections
						8750,
						8751
						and
						8755,
						Public Resources Code. Reference: Sections
						8750,
						8751,
						8752
						and
						8755,
						Public Resources Code.