reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 817 - Marine Facility Contingency Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						heading filed 11-4-93 with the Secretary of State by the Department of Fish and
						Game; operative 11-4-93. Submitted to OAL for printing only pursuant to
						Government Code section
						8670.28(e)
						(Register 93, No. 45).
2. Amendment of section heading filed 6-1-98;
						operative 6-1-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 23).
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 817.01 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Plans
Oil spill contingency plans shall be prepared, submitted
						and used pursuant to the requirements of this subchapter for all marine
						facilities located in the marine waters (as defined in Section
						815.05 of this subchapter) of
						California, or where a discharge of oil could reasonably be expected to impact
						the marine waters of California.
(1) A
					 facility will be considered to have potential impact on marine waters based on
					 the geographical and locational aspects of the site. Such aspects shall include
					 proximity to marine waters or adjoining shorelines, land contour, and local
					 drainage patterns. The existence of dikes, equipment or other structures used
					 to prevent a spill from reaching marine waters will not necessarily affect the
					 determination of which facilities are required to submit a plan.
(2) Contingency plans shall not be required
					 of facilities located outside of the zone as measured from the mean high tide
					 line to three nautical miles offshore. Any pipelines connecting such facilities
					 to the shoreline, however, will be subject to the contingency planning
					 requirements of this subchapter.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 817.02 - Marine Facility Plan Content (Except for those Small Marine Fueling Facilities Addressed in Section 817.03 of this Subchapter)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the degree the information required by Subsections
						817.02(b) through
						(k) exists elsewhere, copies of the
						pre-existing information may be submitted. If the information provided is not
						sufficient to meet the requirements of this subchapter, additional information
						may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following
					 information:
(A) name and address of the
					 marine facility, and mailing address if different. The name and address of the
					 facility shall be referenced in the plan title or on a title page at the front
					 of the plan;
(B) name, address,
					 phone number, fax number and e-mail address, if available, of the owner and/or
					 operator of the marine facility;
(C) name, address and phone number, fax
					 number and e-mail address, if available, of the person to whom correspondence
					 should be sent;
(D) a certification
					 statement signed under penalty of perjury by an executive within the plan
					 holder's management who is authorized to fully implement the oil spill
					 contingency plan, who shall review the plan for accuracy, feasibility, and
					 executability. If this executive does not have training, knowledge and
					 experience in the area of oil spill prevention and response, the certification
					 statement must also be signed by another individual within the plan holder's
					 management structure who has the requisite training, knowledge, and experience.
					 The certification shall be submitted according to the following format;
"I certify, to the best of my knowledge and belief, under
						penalty of perjury under the laws of the State of California, that the
						information contained in this contingency plan is true and correct and that the
						plan is both feasible and executable."
______________________________ (signature), (title),
						(date);
(E) The California
					 Certificate of Financial Responsibility (COFR) number for the marine facility
					 shall be included in the front of the plan. If the COFR is not available when
					 the plan is submitted because the marine facility is not yet operational, the
					 COFR number must be provided as soon as it becomes available. The COFR number
					 must be provided before the plan can be approved.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 817.03 - Small Marine Fueling Facility Plan Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the degree the information required by Subsections
						817.03(b) through
						(k) exists elsewhere, copies of the
						pre-existing information may be submitted. If the information provided is not
						sufficient to meet the requirements of this subchapter, additional information
						may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following
					 information:
(A) name and address of the small
					 marine fueling facility (as defined in Section
					 790 of this subdivision), and
					 mailing address if different. The name and address of the facility shall be
					 referenced in the plan title or on a title page at the front of the
					 plan;
(B) name, address, phone
					 number, fax number and e-mail address, if available, of the owner and/or
					 operator of the small marine fueling facility;
(C) name, address, phone number, fax number
					 and e-mail address, if available, of the person to whom correspondence should
					 be sent;
(D) a certification
					 statement signed under penalty of perjury by an executive within the plan
					 holder's management who is authorized to fully implement the oil spill
					 contingency plan, who shall review the plan for accuracy, feasibility, and
					 executability. If this executive does not have training, knowledge and
					 experience in the area of oil spill prevention and response, the certification
					 statement must also be signed by another individual within the plan holder's
					 management structure who has this requisite training, knowledge, and
					 experience. The certification shall be submitted according to the following
					 format;
"I certify, to the best of my knowledge and belief, under
						penalty of perjury under the laws of the State of California, that the
						information contained in this contingency plan is true and correct and that the
						plan is both feasible and executable."
_______________________________________________
						(signature), (title), (date);
(E) The California Certificate of Financial
					 Responsibility (COFR) number for the small marine fueling facility shall be
					 included in the front of the plan. If the COFR is not available when the plan
					 is submitted because the facility is not yet operational, the COFR number must
					 be provided as soon as it becomes available. The COFR number must be provided
					 before the plan can be approved.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 817.04 - Inland Facility Oil Spill Contingency Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose and Scope
(1) This section describes the requirements
					 for an owner or operator of an inland facility to have an oil spill contingency
					 plan that provides the best achievable protection for potential oil spills into
					 inland waters.
(2) The standards
					 set forth in this section are only planning standards and may not reflect the
					 exigencies of actual spill response. However, these are the minimum standards
					 that must be used to determine the amount of equipment and personnel that must
					 be available for a spill. An inland facility owner or operator is ultimately
					 responsible for mitigating, cleaning up, and remediating the effects of the
					 entire volume of an actual spill regardless of the reasonable worst case spill
					 volume listed in the contingency plan.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 818 - Tank Vessel Contingency Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						heading filed 11-4-93 with the Secretary of State by the Department of Fish and
						Game; operative 11-4-93. Submitted to OAL for printing only pursuant to
						Government Code section
						8670.28(e)
						(Register 93, No. 45).
2. Editorial correction of section heading
						(Register 95, No. 41).
3. Amendment of heading filed 3-20-2007;
						operative 5-1-2007 (Register 2007, No.
						12).
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 818.01 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Plans
Unless tank vessels are exempt as provided in Subsection
						(b) below, oil spill contingency plans shall be prepared, submitted and used
						pursuant to the requirements of this section by all tank vessels which transit
						in the marine waters (as defined in Section
						815.05 of this subchapter) of
						California, or conduct business in the state. Business in the state would
						include such transactions as lightering operations off the coast of
						California.
(b) Exemptions
(1) This subchapter shall not apply to a tank
					 vessel that enters the marine waters of the state because of imminent danger to
					 the crew, or in an effort to prevent an oil spill or other harm to public
					 safety or the environment. This exemption applies if the following are met:
(A) the operator and crew comply with all
					 orders given by the Administrator or his/her designee, unless the orders are
					 contradicted by orders from the U.S. Coast Guard;
(B) except for fuel, oil may be transferred
					 to or from the tank vessel only if permission is obtained from the
					 Administrator and one of the following conditions is met;
1. the transfer is necessary for the safety
					 of the crew; or
2. the transfer is
					 necessary to prevent harm to public safety or the environment; or
3. a contingency plan is approved or made
					 applicable to the tank vessel.
(C) the tank vessel shall leave the marine
					 waters of the state as soon as it is safe to do so, unless a contingency plan
					 is approved or made applicable to its operation.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 818.02 - Tank Vessel Plan Content (Except for those Vessels Carrying Oil as Secondary Cargo Addressed in Section 818.03 of this Subchapter)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the degree the information required by Subsections
						818.02(b) through
						(m) exists elsewhere, copies of the
						pre-existing information may be submitted. If the information provided is not
						sufficient to meet the requirements of this subchapter, additional information
						may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following
					 information for each tank vessel covered by the plan:
(A) the tank vessel's name, country of
					 registry, year built, classification society, radio call sign, and Lloyd's IMO
					 identification number. For U.S. flagged (registered) tank vessels without a
					 Lloyd's IMO identification number, the vessel's official number (also known as
					 the document number) shall be used;
(B) name, address, phone number, fax number
					 and e-mail address, of the owner and/or operator of the tank vessel(s). This
					 information shall be referenced in the plan title or on a title page at the
					 front of the plan;
(C) the name,
					 address, phone number, fax number and e-mail address, of the person to whom
					 correspondence should be sent;
(D)
					 the tank vessel's classification, hull type, gross registered tonnage (GRT),
					 maximum cargo amounts, length, draft and beam;
(E) a certification statement signed under
					 penalty of perjury by an executive within the plan holder's management who is
					 authorized to fully implement the oil spill contingency plan, who shall review
					 the plan for accuracy, feasibility, and executability. If this executive does
					 not have training, knowledge and experience in the area of oil spill prevention
					 and response, the certification statement must also be signed by another
					 individual within the plan holder's management structure who has this requisite
					 training, knowledge, and experience. The certification shall be submitted
					 according to the following format;
"I certify, to the best of my knowledge and belief, under
						penalty of perjury under the laws of the State of California, that the
						information contained in this contingency plan is true and correct and that the
						plan is both feasible and executable."
__________________________ (signature), (title),
						(date);
(F) the California
					 Certificate of Financial Responsibility (COFR) number for the tank vessel(s)
					 covered by the plan shall be included in the front of the plan, or for fleet
					 plans shall be listed separately in a subsection of the
					 plan.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 818.03 - Vessels Carrying Oil as Secondary Cargo (VCOASC) Plan Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the degree the information required by Subsections
						818.03(b) through
						(
l
) exists elsewhere, copies of the pre-existing information
						may be submitted. If the information provided is not sufficient to meet the
						requirements of this subchapter, additional information may be requested by the
						Administrator.
(a) Introductory
					 Material
(1) Each plan shall provide the
					 following information for each vessel carrying oil as secondary cargo (VCOASC,
					 as defined in Section
					 790 of this subdivision) covered
					 by the plan:
(A) the vessel's name, country
					 of registry, call sign, and official identification number;
(B) name, address, phone number, fax number
					 and e-mail address, if available, of the owner and/or operator of the
					 vessel(s). This information shall be referenced in the plan title or on a title
					 page at the front of the plan;
(C)
					 the name, address, phone number, fax number and e-mail address, if available,
					 of the person to whom correspondence should be sent;
(D) a certification statement signed under
					 penalty of perjury by an executive within the plan holder's management who is
					 authorized to fully implement the oil spill contingency plan who shall review
					 the plan for accuracy, feasibility, and executability. If this executive does
					 not have training, knowledge and experience in the area of oil spill prevention
					 and response, the certification statement must also be signed by another
					 individual within the plan holder's management structure who has this requisite
					 training, knowledge, and experience. The certification shall be submitted
					 according to the following format;
"I certify, to the best of my knowledge and belief, under
						penalty of perjury under the laws of the State of California, that the
						information contained in this contingency plan is true and correct and that the
						plan is both feasible and executable."
_______________________________________________
						(signature), (title), (date);
(E) the California Certificate of Financial
					 Responsibility (COFR) number for the tank vessel(s) covered by the plan shall
					 be included in the front of the plan, or for fleet plans shall be listed
					 separately in a subsection of the plan.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 819.01 - Oil Spill Response Organization (OSRO) Ratings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An oil spill response organization may
					 voluntarily apply to the Administrator for any or all of the following ratings:
					 terrestrial service rating, on-water service rating for marine water, on-water
					 service rating for inland water, non-floating oil rating, or a shoreline
					 protection service rating.
(b) The
					 Administrator will only grant ratings for applicable planning time frames
					 within each area contingency plan or response planning area, as applicable.
					 Ratings are issued based on the capability to provide the services of
					 containment, recovery, oil storage, or sensitive site protection in the
					 following environments:
(1) Inland waters
					 designated as intermittent or ephemeral in the National Hydrography Dataset and
					 the statewide quarter mile buffer data layer (as depicted in the Southwest
					 Environmental Response Management Application, on the National Oceanic and
					 Atmospheric Administration's website). This is applicable to terrestrial
					 service ratings.
(2) Inland waters
					 designated as perennial in the National Hydrography Dataset. This is applicable
					 to inland on-water ratings.
(3)
					 Marine waters.
(4) Shoreline
					 protection of environmentally sensitive sites, as described in subsection
					 819.02(e)(4).
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 819.02 - Oil Spill Response Organization Rating Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual
					 or entity may apply for consideration as a rated oil spill response
					 organization to provide oil spill response services and capabilities to plan
					 holders. A written application meeting all of the applicable requirements of
					 this section shall be delivered by mail or e-mail to the following:
DEPARTMENT OF FISH AND WILDLIFE
OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR)
ATTN: PREPAREDNESS BRANCH
P.O. BOX 944209
SACRAMENTO, CA 94244-2090
E-MAIL: OSRO@WILDLIFE.CA.GOV
(b) All applicable information in this
					 subsection and subsections (c), (d), (e) and (f) is required before an
					 application will be considered complete and reviewed by the Administrator:
(1) The oil spill response organization's
					 name, contact person, mailing and physical address, e-mail address, facsimile
					 and telephone numbers;
(2) All
					 subcontractor company names (if applicable), contact person, mailing and
					 physical addresses, e-mail address, facsimile and telephone numbers;
(3) List of plan holders contracted
					 with;
(4) For the previous two
					 years from the date of the application, documentation of California oil spills
					 responded to or California equipment deployment drills participated in,
					 including personnel and equipment used;
(5) An organizational diagram depicting the
					 oil spill response organization's response organization and management or
					 command structure;
(6) A
					 description of the roles, responsibilities and method to integrate the oil
					 spill response organization with an incident command system or a unified
					 command as required by Title 8, California Code of Regulations, section
					 5192(q)(3)(A);
(7) For each type of service, identify the
					 types of oil to which the oil spill response organization is willing and able
					 to respond; and
(8) A description
					 of the oil spill response organization's communications equipment, to include:
(A) The amount and type of
					 equipment;
(B) The frequencies to
					 be used; and
(C) The number of
					 certified operators.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 819.03 - Application Review, Verification and Drills

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Review of Rating Application
(1) A complete application for a rating will
					 be reviewed within 90 calendar days of receipt.
(2) The Administrator shall rate an oil spill
					 response organization upon determination that the applicant has met the
					 requirements for the appropriate rating criteria, as outlined in this
					 subchapter, for the equipment, services, and operating environments listed in
					 the application.
(3) The
					 Administrator shall not issue a rating until the oil spill response
					 organization applicant successfully completes an unannounced equipment
					 deployment drill to verify the information in the oil spill response
					 organization's application, pursuant to subsection (d)(2) below.
(4) A requested rating may be denied or an
					 existing rating may be modified if the Administrator determines that the oil
					 spill response organization applicant fails to meet the rating criteria of any
					 response services, based upon inspection, verification or performance at an
					 announced or unannounced drill or actual spill, or for other reasons as
					 determined by the Administrator. The Administrator may require the satisfactory
					 completion of an unannounced drill of a rated oil spill response organization
					 prior to being granted a modified rating, or prior to reinstatement of a
					 revoked or suspended rating.
(5)
					 Upon meeting the requirements of this subchapter, an oil spill response
					 organization will receive an approval letter from the Administrator that will
					 state the type of response services for which the rating is valid, the area
					 contingency plan or response planning area where the rating(s) apply, rating
					 time frames, on-water or terrestrial daily containment and recovery rates,
					 storage capacity, shoreline protection, as applicable, and any conditions or
					 restrictions.
(6) A rating cannot
					 be assigned, transferred, or assumed.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 819.06 - Rating Modification, Suspension, or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Criteria for Modification, Suspension, or
					 Revocation
(1) Criteria for modification.
The Administrator may modify a rating at any time if the
						oil spill response organization is not in compliance with the conditions of the
						issued rating. Situations that may cause a modification include, but are not
						limited to: a failure to meet the objectives of an equipment deployment drill;
						failure to perform the rated services at a spill; a change or reduction in
						equipment or personnel; or any other factor that would affect the ability to
						perform the rated services. The oil spill response organization shall only
						perform consistent with the modified rating.
(2) Criteria for suspension.
The Administrator may suspend a rating at any time if the
						oil spill response organization is not in compliance with the requirements of
						this subchapter. Situations that may cause a suspension of a rating include,
						but are not limited to: self-initiated stoppage of services; bankruptcy;
						natural disaster; or a situation beyond the control of the oil spill response
						organization that prohibits it from providing the rated services. An oil spill
						response organization with a suspended rating shall not provide the suspended
						services until either the suspension is lifted or the rating is
						modified.
(3) Criteria for
					 revocation.
The Administrator may revoke all issued ratings based on
						a determination that the oil spill response organization cannot perform any of
						its rated services.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 819.07 - Reconsideration and Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for Reconsideration
(1) A person may request reconsideration of a
					 modification, suspension, revocation, or denial if that person is one of the
					 following:
(A) An applicant for an oil spill
					 response organization rating or renewal who has received written notice of
					 denial; or
(B) An oil spill
					 response organization who has had a rating modified, suspended, or
					 revoked.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 820.01 - Drills and Exercises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-1-98; operative 6-1-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 23).
2. Change without regulatory effect amending
						NOTE filed 8-29-2000 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2000, No. 35).
3. Amendment of section heading
						and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No.
						12).
4. Amendment of subsections (d)(1)-(2), (f), (f)(2) and (f)(4),
						repealer of subsection (f)(5), subsection renumbering, amendment of newly
						designated subsections (f)(6), (f)(7)(A)-(B), (f)(8)(A)-(B) and (f)(9)(A),
						amendment of subsections (g), (h)(1)(B)-(C) and (h)(2), repealer and new
						subsections (h)(2)(A)-(C), new subsections (h)(3)-(h)(3)(K), amendment of
						subsections (k)-(k)(1)(B) and (k)(1)(D)-(E) and repealer of subsections
						(k)(1)(F)-(G) filed 5-3-2010; operative 7-1-2010 (Register 2010, No.
						19).
5. Change without regulatory effect amending subsection
						(k)(1)(B) filed 10-21-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 43).
6. Amendment filed 12-9-2013;
						operative 4-1-2014 (Register 2013, No. 50).
7. Change without
						regulatory effect amending subsections (d), (e)(1), (f)(1), (g)(1), (h)(1) and
						(k)(3)(B)2. filed 4-7-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 15).
8. Amendment filed 11-14-2014;
						operative 1-1-2015 (Register 2014, No. 46).
9. Amendment of
						subsection (j), repealer of subsections (j)(1)-(j)(4)(B), amendment of
						subsection (k)(3)(D) and repealer of subsections (k)(3)(D)1.-(k)(3)(D)3.b.
						filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
10.
						Repealer filed 9-26-2022; operative 1-1-2023 (Register 2022, No.
						39).
Note: Authority cited: Sections
						  8670.10
						  and
						  8670.29,
						  Government Code. Reference: Sections
						  8670.7,
						  8670.10,
						  8670.28,
						  8670.29,
						  8670.30
						  and
						  8670.31,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 3.5 - Oil Spill Response Organization Ratings › Section 820.02 - Drills and Exercises-Inland Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL
						for printing only pursuant to Government Code section
						8670.7.5,
						which provides that the regulation shall be deemed an emergency, shall be
						exempt from describing facts showing the need for immediate action, shall not
						be subject to OAL review, and shall remain in effect for twelve months or until
						readopted, whichever is earlier (Register 2015, No. 36).
2. New
						section refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL
						for printing only pursuant to Government Code section
						8670.7.5,
						which provides that the regulation shall be deemed an emergency, shall be
						exempt from describing facts showing the need for immediate action, shall not
						be subject to OAL review, and shall remain in effect for twelve months or until
						readopted, whichever is earlier (Register 2016, No. 36).
3. New
						section refiled 8-7-2017 as an emergency; operative 8-7-2017 (Register 2017,
						No. 32). Submitted to OAL for filing and printing only pursuant to Government
						Code section
						8670.7.5,
						as deemed emergency and not subject to OAL review, and shall remain in effect
						for twelve months or until readopted, whichever is earlier.
4. New
						section refiled 7-30-2018 as an emergency; operative 7-30-2018 (Register 2018,
						No. 31). Submitted to OAL for filing and printing only pursuant to Government
						Code section
						8670.7.5,
						as a deemed emergency, not subject to OAL review, and shall remain in effect
						for twelve months or until readopted, whichever is earlier.
5.
						Certificate of Compliance as to 7-30-2018 order, including new subchapter 3.7
						heading and amendment of section heading, section and NOTE, transmitted to OAL
						10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2018, No. 51).
6. Amendment of subsection (l) and repealer
						of subsections (l)(1)-(l)(4)(B) filed 7-5-2022; operative 10-1-2022 (Register
						2022, No. 27).
7. Repealer of subchapter 3.7 heading and section
						filed 9-26-2022; operative 1-1-2023 (Register 2022, No.
						39).
Note: Authority cited: Sections
						  8670.7.5,
						  8670.10
						  and
						  8670.29,
						  Government Code. Reference: Sections
						  8670.7,
						  8670.10,
						  8670.28,
						  8670.29
						  and
						  8670.31,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 825.01 - General Outline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
825.01 General Outline.
825.03 Purpose and Scope
825.05 Definitions
825.07 General Requirements
826 Plan Submittal, Review and Approval
826.01 Plan Submittal
826.02 Plan Format
826.03 Plan Review and Approval
826.04 Plan Implementation and Use
826.05 Plan Updates/Resubmission
826.06 Compliance Requirements/Penalties
827 Nontank Vessel Contingency Plans
827.01 Applicability
827.02 Nontank Vessel Plan Content
1. New
						subchapter 4 (sections
						825.01-827.02) and section filed
						12-28-99; operative 2-3-2000 pursuant to Government Code section
						11343.4
						(Register 99, No. 53).
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 825.07 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A nontank vessel of 300 gross tons or greater shall not operate in marine
					 waters unless the owner or operator has an oil spill contingency plan prepared
					 and submitted in accordance with this subchapter for the Geographic Regions (as
					 defined in Section
					 790 of this subdivision) the
					 nontank vessel transits. A nontank vessel owner or operator who is required to
					 submit an oil spill contingency plan pursuant to this subchapter shall:
(1) Identify and ensure by contract or other
					 approved means (as defined in section
					 790 of this subdivision) a rated
					 oil spill response organization (as specified in subchapter 3.5) for the
					 booming, on-water recovery and storage, and shoreline protection services
					 required. An OSRO's existing Letter of Approval issued from the Administrator
					 shall remain valid unless revoked and shall be deemed to meet the requirements
					 of this subchapter for three years from the date of the letter's
					 issuance.
(2) Identify and ensure
					 by contract or other approved means a certified spill management team, as
					 described in subchapter 5 of this chapter. The certified spill management team
					 shall be the appropriate tier classification, pursuant to section
					 830.3 of subchapter 5.
(A) The spill management team may have an
					 interim certification.
(B) A single
					 spill management team may be listed if it is capable of responding in all
					 geographic regions in which the plan holder operates.
(C) The spill management team may consist of
					 personnel employed by the plan holder or persons affiliated with the plan
					 holder, contracted personnel, or a combination thereof.
(D) Within 90 calendar days after the
					 effective date of subchapter 5 of this chapter, any owner or operator that
					 currently has an approved contingency plan shall submit an Application for
					 Certification of Plan Holder Spill Management Team form DFW 1005 (new
					 11/12/20), incorporated by reference herein, pursuant to section
					 830.7 of subchapter 5.
(E) An owner or operator that is required to
					 have a new contingency plan shall submit an Application for Certification of
					 Plan Holder Spill Management Team form DFW 1005 (new 11/12/20), incorporated by
					 reference herein, pursuant to section
					 830.7 of subchapter 5, at the time
					 of submission of a new contingency plan for review and
					 approval.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826 - Plan Submittal, Review and Approval. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.01 - Plan Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Plans:
Unless otherwise exempt, each owner/operator of a nontank
						vessel shall provide an oil spill contingency plan for that nontank vessel. The
						plan may be specific to an individual nontank vessel or may apply to a fleet of
						nontank vessels. All nontank vessel-specific elements required by Subsections
						827.02(a) through
						(f) of this subchapter shall be addressed for
						an individual nontank vessel or all the nontank vessels included in a Fleet
						Plan.
(1) Response Elements:
(A) Nontank Vessel Fleet Plans
Fleet contingency plans may be submitted by an
						owner/operator that has a number of nontank vessels that transit the same or
						substantially the same routes in marine waters. Nontank vessels may be added to
						a fleet tank vessel contingency plan providing all of the requirements of this
						subchapter are met.
1. A fleet
					 contingency plan shall contain all prevention and response elements required
					 pursuant to this subchapter.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.02 - Plan Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before December 31, 2011, OSPR will accept either
						an original hard copy of the contingency plan or a CD-ROM formatted contingency
						plan with a signed copy of the "Feasibility and Executability Statement"
						required by this subchapter.
After December 31, 2011, OSPR will no longer accept
						original hard copies of the contingency plan. All submittals will either be
						made online as approved by OSPR, or in an electronic format approved by the
						Administrator. If changes are made to a plan, updates can either be submitted
						on-line, or a complete and up-to-date plan must be submitted in an electronic
						format approved by the Administrator.
Other documents required to be submitted with the
						contingency plan, such as evidence of the contracts or other approved means
						with Oil Spill Response Organizations and certified spill management teams, or
						general arrangement and tank diagrams, shall be scanned and submitted in an
						electronic format approved by the Administrator. Although not required, it is
						requested that the Table of Contents be linked to the different sections of the
						plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California
						plan format is used, it is requested that the plan be electronically linked to
						the plan sections that comply with California's requirements. Each plan shall
						be organized into at least two separate volumes: an initial response activity
						manual and a principal volume or volumes with related appendices. The format
						for each is outlined below:
(a)
					 Initial Response Activity Manual:
A simplified initial response activity manual, suitable
						for on-scene use in the event of a spill, which summarizes the key notification
						information outlined in subsection
						827.02 (d) and
						the initial shipboard response actions necessary to minimize the impact of a
						spill on marine waters, shall be prepared and submitted with each plan.
(1) Nontank vessels that have an approved
					 Ship-board Oil Pollution Emergency Plan (SOPEP), may certify compliance with
					 the emergency ship-board procedures requirements of the SOPEP, or may submit a
					 copy of their Letter of Approval for their SOPEP, in lieu of providing the
					 initial shipboard response actions specified in (a) above. The SOPEP shall be
					 submitted to the Administrator upon request,
(2) The initial response activity manual
					 shall be maintained on board the nontank vessel at all
					 times.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.03 - Plan Review and Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 nontank vessel shall operate in marine waters until the owner/operator is
					 notified that the contingency plan meets the minimum requirements listed in
					 this subsection. A contingency plan shall be reviewed for these minimum
					 requirements within five working days of notification that the nontank vessel
					 is entering marine waters, and the vessel owner/operator shall be notified in
					 writing that:
1) the plan meets the minimum
					 requirements; or
2) the plan is
					 deficient and what specific information is needed, and that the nontank vessel
					 shall not enter marine waters until the following information has been
					 provided:
(1) Nontank vessel name, call sign,
					 official number, length, gross tonnage, fuel type and total volume, capacity of
					 largest fuel tank, destination, intended route while in marine waters, and
					 address and telephone number of both the owner and operator;
(2) Evidence of a contract or other approved
					 means (as defined in Section
					 790 of this subdivision),
					 documenting that the oil spill response organization(s) and certified spill
					 management team named in the plan will provide the requisite equipment and
					 personnel in the event of an oil spill, for each Geographic Region the nontank
					 vessel transits;
(3)
					 Identification, including telephone number and facsimile number, of a Qualified
					 Individual; and
(4) Evidence of
					 financial responsibility in the amount of three hundred million dollars
					 ($300,000,000). Documentation that a California Certificate of Financial
					 Responsibility is being processed will fulfill this
					 requirement.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.04 - Plan Implementation and Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Availability:
(1) Nontank Vessel Initial Response Activity
					 Manual
(A) The owner/operator shall maintain a
					 copy of the nontank vessel's approved initial response activity
					 manual.
(B) The owner/operator
					 shall maintain a copy of the nontank vessel's approved initial response
					 activity manual on board the nontank vessel at all times.
(C) The approved initial response activity
					 manual must be in a central location accessible to key response personnel at
					 all times.
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 4 - Office of Spill Prevention and Response › Chapter 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.05 - Plan Updates/Resubmission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Time frames:
(1) Update and Review
(A) The plan holder shall ensure that all
					 plans are up-to-date and complete. All existing plans for nontank vessels shall
					 be resubmitted for review once every five years from the date of the most
					 recent approval letter.
(B)
1. If the most recently approved plan and all
					 updates submitted since the last plan approval letter have not changed, on or
					 before the 5 year resubmittal due date the owner/operator shall, in lieu of
					 submitting a complete plan as described in Subparagraph (A) above, submit
					 correspondence to the Administrator stating that the plan currently on file
					 with OSPR is up-to-date and complete.
2. If the contingency plan on file is over 5
					 years old from the date of most recent approval letter (original submission or
					 resubmittal) and there has been no correspondence to the Administrator stating
					 that the plan currently on file with the OSPR is up-to-date and complete, that
					 plan will be revoked.
(C)
					 The Administrator may require earlier or more frequent resubmission or updates
					 than that required in Subparagraph (A). The Administrator shall notify the
					 owner/operator in writing if an earlier resubmission or update is required. The
					 notice shall include an explanation of the reasons for the resubmission or
					 update and the time frame to comply with the resubmission. The circumstances
					 that would warrant an earlier review or update include, but are not limited to,
					 the following:
1. a change in regulations or
					 statute;
2. the development of new
					 oil spill response technologies as determined by the Administrator during any
					 review of response capability standards;
3. deficiencies identified during the
					 Administrator's review of all the oil spill contingency plans;
4. an increased need to protect plant and
					 wildlife habitat;
5. deficiencies
					 in oil spill response capability identified during an oil spill;
6. deficiencies in oil spill response
					 capability identified during an oil spill drill;
7. significant changes to the nontank vessel;
					 and
8. any other situation deemed
					 appropriate by the Administrator where deficiencies in the ability to provide
					 timely and effective oil spill response are
					 identified.