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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.24 - Designated Reporting Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The VTIS area includes the waters of San
						Pedro Bay, San Pedro Channel, and Santa Monica Bay and navigable waters seaward
						of the breakwaters that are encompassed by the arc of a circle having its
						center at Point Fermin Light, with a radius of twenty-five (25) nautical miles
						drawn from a position on the shore in the vicinity of Laguna Beach, clockwise
						to a point on the shore approximately midway between Santa Monica and
						Malibu.
(b) The VTIS area does not
						include any waters inland from the lines of demarcation, as specified in Title
						33 Code of Federal Regulations, Section
						80.1114.
1. New
						  section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2.
						  Change without regulatory effect amending subsection (a) filed 1-9-97 pursuant
						  to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 2).
Note: Authority cited: Section
							 8670.21,
							 Government Code. Reference: Section
							 8670.21,
							 Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation
							 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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.25 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						No person shall operate, navigate or transit within the VTIS area with a
						covered vessel unless the operator of such covered vessel complies with
						reporting requirements specified in Section
						446
						of the Harbors and Navigation Code, the Tariff Rules of the applicable port,
						and pays the fee as prescribed by local Tariff Rule or by Section
						852.28 of this
						subchapter.
(b) No person shall
						operate, navigate or transit within the VTIS area with a vessel described in
						subsections
						852.23(b) of this
						subchapter, unless the operator of such vessel complies with the reporting
						requirements specified in Section
						447.5
						of the Harbors and Navigation Code, and the Tariff Rules of the applicable
						port.
(c) Vessels moving from an
						anchorage area within the VTIS area shall report to the Marine Exchange at
						least 15 minutes, but no more than 1 hour, prior to getting underway.
(d) In addition to information required by
						Section
						446
						of the Harbors and Navigation Code, the operator of a covered vessel shall also
						report the vessel's LOA, as defined, and whether or not any dangerous cargo, as
						listed in 33 Code of Federal Regulations Part 160, Subpart C, is on board the
						vessel or its tow.
(e) A covered
						vessel operating within the harbor complex inland of the lines of demarcation,
						as specified in Section
						852.24(b) of this
						subchapter, and not engaging a pilot, shall report to the appropriate pilot
						station in accordance with the Tariff Rules of each of the ports.
(f) All communication with the VTIS required
						by this section shall be conducted in accordance with applicable Federal
						regulations which have been incorporated in the VTIS Operations Manual
						developed by the Marine Exchange.
1. New
						  section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2.
						  Change without regulatory effect adding new subsection (b) and subsection
						  relettering filed 1-9-97 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 2).
Note: Authority cited: Section
							 8670.21,
							 Government Code. Reference: Section
							 8670.21,
							 Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation
							 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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.26 - Duties of the Marine Exchange and the Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrator shall enter into an
						agreement with the Marine Exchange which shall operate the VTIS in accordance
						with Section
						8670.21 of
						the Government Code, and Division 3, Chapter 1, Article 4 of the Harbors and
						Navigation Code. The Administrator shall direct the Marine Exchange to perform
						the following duties:
(1) facilitate the safe
						transit of vessel traffic to prevent collisions, rammings, groundings, and
						environmental damage through aiding navigation by providing information
						regarding ship locations and traffic; and
(2) receive notification of a covered
						vessel's arrival and movement as required under Section
						446
						of the Harbors and Navigation Code prior to the entry of such vessels into the
						VTIS area; and
(3) monitor
						compliance with the requirements of this subchapter and report all violations
						to the office of Oil Spill Prevention and Response and the Harbor Safety
						Committee for the Los Angeles/Long Beach Region; and
(4) act as an agent of the Administrator for
						the collection of the fee as prescribed in Section
						852.27 of this subchapter. The
						requirements of this subchapter create no other agency relationship, express or
						implied, between the Administrator and the Marine Exchange.
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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.27 - Collection and Payment of Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event that the Ports of Los
						Angeles and/or Long Beach fail to impose a fee in accordance with Section
						446.5
						of the Harbors and Navigation Code and Section
						8670.21(e)(2)
						of the Government Code that the Administrator deems sufficient to pay the cost
						of operating the vessel traffic service, the Administrator shall assess a VTIS
						reporting fee as set forth in Section
						852.28. The fee shall be collected
						by the Marine Exchange, acting for the Administrator for fee collection
						purposes only.
(b) The fee shall be
						imposed on all covered vessels whenever transiting through or navigating within
						the VTIS area.
1. New
						  section filed 3-2-95; operative 4-3-95 (Register 95, No. 9).
2.
						  Change without regulatory effect amending subsection (a) filed 1-9-97 pursuant
						  to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 2).
Note: Authority cited: Section
							 8670.21,
							 Government Code. Reference: Section
							 8670.21,
							 Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation
							 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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.28 - Fee Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On behalf of the Ports or the
						Administrator, the Marine Exchange shall collect a fee from every covered
						vessel for each entry to the harbor complex, according to the following
						schedule:
(1)
Each
								  Vessel Over
But Not
								  Over
Fee
0 Meters
150 Meters
								  LOA
$180.00
150 Meters
190 Meters
								  LOA
$200.00
190 Meters
230 Meters
								  LOA
$230.00
230 Meters
270 Meters
								  LOA
$270.00
270 Meters
310 Meters
								  LOA
$300.00
310
								  Meters
-
$340.00
(A)
						Exceptions to this requirement are as follows:
1. Any covered vessel for hire operating in a
						scheduled passenger or freight service between the mainland California coast
						and Santa Catalina Island which traverses the VTIS area, shall pay a fee of
						$300.00 per month, per covered vessel during the months of June, July and
						August and $150.00 per month, per covered vessel during all other months of the
						year.
2. Any covered vessel engaged
						in commercial rescue or emergency assistance service for hire, primarily to
						recreational boaters, which traverses the VTIS area, shall pay a fee of $25.00
						per month per covered vessel.
3.
						Any covered vessel for hire, engaged in off shore oil well maintenance and
						service, or, any vessel engaged in construction projects, when such vessels is
						navigating between points in the California mainland coast range, from Point
						Dume south to Dana Point and including Santa Catalina Island or a designated
						dumping area for dredging spoils, which traverses the VTIS area, shall pay a
						fee of $300.00 per month per covered vessel.
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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.29 - Fee Usage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fee collected on behalf of the Administrator by the
						  Marine Exchange shall be deposited in the Vessel Safety Account of the Oil
						  Spill Prevention and Administration Fund in the State Treasury. Money in this
						  account shall be used only for the following purposes:
(a) to establish and fund the operation of a
						VTIS for the Ports;
(b) to
						reimburse the U.S. Coast Guard for the cost of assigning Coast Guard personnel
						to the VTIS;
(c) to reimburse the
						Marine Exchange for actual costs incurred in the collection of fees pursuant to
						this subchapter;
(d) to repay any
						loans made to establish and operate the VTIS;
(e) to provide a reasonable reserve for
						contingencies.
1. New
						  section filed 3-2-95; operative 4-3-95 (Register 95, No.
						  9).
Note: Authority cited: Section
							 8670.21,
							 Government Code. Reference: Section
							 8670.21,
							 Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation
							 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 4 - Vessel Requirements › Subchapter 6 - Vessel Traffic Information Service for the Ports of los Angeles and Long Beach › Article 1 - General Requirements › Section 852.30 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who intentionally or negligently violates
						  any provision of this subchapter shall be liable for an administrative civil
						  penalty as prescribed in Government Code Section
						  8670.67(b).
1. New
						  section filed 3-2-95; operative 4-3-95 (Register 95, No.
						  9).
Note: Authority cited: Section
							 8670.21,
							 Government Code. Reference: Sections
							 8670.21
							 and
							 8670.67(b),
							 Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 1 - General Provisions and Definitions › Section 852.60.1 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter shall be known and may be cited as the
						  Local Government Grant Program.
1. New
						  chapter 4, subchapter 1 and section filed 2-22-93; operative 2-22-93 (register
						  93, No. 9).
2. Change without regulatory effect renumbering former
						  chapter 4 to chapter 5, amending subchapter 1 heading, and amending section
						  filed 7-12-95 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 95, No. 28).
3. Change without regulatory
						  effecting amending section filed 9-23-97 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
4. Amendment of NOTE filed
						  6-9-2003; operative 7-9-2003 (Register 2003, No.
						  24).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Sections
							 8574.1,
							 8574.7,
							 8670.1,
							 8670.3,
							 8670.6,
							 8670.35
							 and
							 8670.38,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 1 - General Provisions and Definitions › Section 852.60.3 - Objectives of Local Government Grant Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The objective of the local government grant program is
						  to encourage local governments adjacent to marine waters to update their local
						  plan and to assist in providing a coordinated response and cleanup effort
						  between local governments and state and federal officials in order to provide
						  the best achievable protection of the California Coast and marine
						  waters.
NOTE: All local governments adjacent to marine waters
						  have submitted their local oil spill contingency plan. Therefore, grant
						  selection and application review information are being repealed. Only updates
						  to local plans are being received at this time.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Amendment of NOTE filed 6-9-2003; operative 7-9-2003 (Register 2003, No.
						  24).
3. Amendment filed 7-22-2011; operative 8-21-2011 (Register
						  2011, No. 29).
Note: Authority cited: Sections
							 8574.7,
							 8670.35,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Sections
							 8574.7 and
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.1 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regulations contained in this Article
						set forth the minimum criteria to be developed or identified in a local plan
						submitted by local governments responsible for the revision of their oil spill
						plan in order to apply for and receive a grant from the Oil Spill Prevention
						and Administration Fund (Fund).
(b)
						This Article applies to all eligible local governments.
(c) The NCP, RCP and ACPs are the primary
						response plans used for an oil spill response. These plans are not to be in
						conflict with each other, but support the overall mission of the
						response.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Amendment of NOTE filed 6-9-2003; operative 7-9-2003 (Register 2003, No.
						  24).
3. Amendment filed 7-22-2011; operative 8-21-2011 (Register
						  2011, No. 29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38
							 and
							 8670.39,
							 Government Code. Reference: Sections
							 8574.1,
							 8574.7,
							 8670.7,
							 8670.35
							 and
							 8670.38,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.2 - Grant Renewal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						local government shall submit the documents specified in Section
						852.61.6 of this Article in order
						to obtain a grant.
(b) An original
						and Seven (7) copies of the documents required in Subsection (a) shall be
						submitted to the CDFG, Contract Management Section.
(c) Documents required in Subsection (b)
						shall be delivered to (CDFG).
(d)
						Submission of the documents required in Subsection (b) shall be deemed to be
						the local government's acceptance of the terms and conditions set forth in this
						subchapter.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsections (c) and (d) filed
						  9-23-97 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4.
						  Amendment of section heading and section filed 7-22-2011; operative 8-21-2011
						  (Register 2011, No. 29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.3 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The Administrator may award a grant if the following criteria are met:
(1) The local government has jurisdiction
						over or is directly adjacent to marine waters as defined; and
(2) The local government has elected to
						update their local plan, in accordance with 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.4 - Grant Application Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Repealer filed 6-9-2003; operative 7-9-2003 (Register 2003, No.
						  24).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code; and section
							 22 of the Act. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.5 - Grant Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Grant amounts shall be determined by the Administrator, based on available
						funds from the Oil Spill Prevention and Administration Fund.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending section filed 9-23-97 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4.
						  Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.7 - Review of Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE: All local governments adjacent to marine waters
						  have submitted their initial oil spill contingency plan. Therefore, grant
						  selection and review information are being repealed. Only updates to local
						  plans are being received at this time.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsection (c) filed 9-23-97
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of subsections (a)
						  and (c) and amendment of NOTE filed 6-9-2003; operative 7-9-2003 (Register
						  2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011
						  (Register 2011, No. 29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.8 - Evaluation and Selection of Grant Recipient. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsections (a), (b)(1), (b)(1)(A)
						  and (b)(2) filed 9-23-97 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4.
						  Repealer filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.9 - Notice of Grant Award or Denial. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsection (a) filed 9-23-97
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of NOTE filed
						  6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Repealer
						  filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.10 - Grant Agreement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending section filed 9-23-97 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of subsections
						  (a)-(c) filed 6-9-2003; operative 7-9-2003 (Register 2003, No.
						  24).
4. Repealer filed 7-22-2011; operative 8-21-2011 (Register
						  2011, No. 29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.11 - Terms and Conditions of a Grant Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Grant Agreement shall contain the following terms
						  and conditions:
(a) Midterm Report.
						The grant recipient shall be required to submit a midterm progress report to
						the Administrator within thirty (30) calendar days following the midterm of the
						project. The midterm of the project shall be based on the completion date
						specified in the grant proposal, unless otherwise agreed to by the
						Administrator. The report shall include, but not be limited to, all of the
						following:
(1) A statement that the oil spill
						contingency plan being updated is or is not on schedule, and a description of
						the project tasks or milestones and the status of each. Pertinent reports or
						interim findings shall be appended.
(2) A discussion of any difficulties or
						special problems encountered in accomplishing the project tasks.
(3) A financial report comparing costs to
						date with the approved scope of work and the original approved budget. The
						report should state whether the program is progressing within the approved
						budget, and an explanation of any current or anticipated deviations. The report
						shall include a Statement of Expenditures showing the program's expenditures
						incurred to date.
(4) A report of
						any changes in personnel assigned to the development, review or approval of the
						project.
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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.61.12 - Payment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The grant recipient may submit payment requests made in arrears consistent with
						the time frames set forth in the Grant Agreement.
(b) All payment requests, including the final
						payment request, shall be submitted to the OSPR within three (3) years from the
						date the Grant Agreement is executed, unless the Administrator approves
						requests submitted after that period.
(c) The balance of any grant award which is
						not expended during the period set forth in the preceding subparagraph (b)
						shall be deemed forfeited by the grant recipient. In no event may grant monies
						be expended following three years from the date of the Grant
						Agreement.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsection (b) filed 9-23-97
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4.
						  Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.62.1 - Format and Consistency Requirements for Local Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the greatest extent possible, the
						local plan content shall be consistent with the ACP or an approved emergency
						response plan.
(b) Each local oil
						spill contingency plan shall meet all applicable State and Federal Occupational
						Safety and Health Administration requirements.
(c) It is strongly recommended that the local
						oil spill contingency plan format follow the format outlined in Section
						852.62.2, Minimum Planning
						Requirements.
(d) To be eligible
						for funding, local government oil spill contingency plans shall be consistent
						with the Standardized Emergency Management System (SEMS) or the National
						Incident Management System (NIMS), whichever is applicable.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsections (a)(1)-(c) filed
						  9-23-97 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4.
						  Amendment of section heading, section and NOTE filed 7-22-2011; operative
						  8-21-2011 (Register 2011, No. 29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 5 - Loans, Claims and Grants › Subchapter 1 - Local Government Grant Program › Article 2 - Grant Application Provisions › Section 852.62.3 - Submittal and Approval of Local Oil Spill Contingency Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The oil spill contingency plan updated
						pursuant to the Grant Agreement, must be submitted within 180 calendar days
						after the execution of the Grant Agreement, or upon a schedule agreed to by the
						Administrator. Each submittal shall be made with an original and one copy.
						Extensions for submittal may be granted at the discretion of the
						Administrator.
(b) An update to the
						plan shall be approved if it adequately addresses the minimum planning
						requirements specified in Section
						852.62.2 of this subchapter, or
						addresses all of the minimum planning requirements required to be addressed
						pursuant to the Grant Agreement. The Administrator shall have ninety (90)
						calendar days, from the date of submission, in which to review the plan update
						and make an approval determination.
(c) If upon review the plan update is not
						approved, the plan shall be returned to the grant recipient that prepared it,
						specifying the basis of disapproval and identifying the items which must be
						addressed before the plan update may be approved. The grant recipient shall
						have ninety (90) calendar days within which to resubmit the plan update, and
						address all concerns. Failure to do so will result in disapproval of the
						project. Upon disapproval, the funds withheld pursuant to Section
						852.61.12(b) of
						this subchapter shall be forfeited. Such forfeitures shall revert to the
						Fund.
(d) Upon approval of the
						plan, the grant recipient shall submit a final report pursuant to Section
						852.61.11(g) of
						this subchapter.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending subsections (b)-(d) filed 9-23-97
						  pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 97, No. 39).
3. Amendment filed 6-9-2003;
						  operative 7-9-2003 (Register 2003, No. 24).
4. Amendment of section
						  heading and section filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Sections
							 8670.35,
							 8670.38,
							 8670.39
							 and
							 8670.40,
							 Government Code. Reference: Section
							 8670.35,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter establishes policies and procedures for
						  the Administrator to take administrative compliance actions pursuant to
						  Government Code Sections
						  8670.67,
						  8670.67.5
						  and
						  8670.68.
1.
						  Amendment of chapter 7 heading, new subchapter 1 (articles 1-2), article 1
						  (sections 873-873.8) and section filed
						  3-13-98; operative 4-12-98 (Register 98, No.
						  11).
Note: Authority cited: Sections
							 8670.68
							 and
							 11400.20,
							 Government Code. Reference: Sections
							 8670.67,
							 8670.67.5,
							 8670.68
							 and
							 11400.20,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to definitions found in Government Code
						  Section
						  8670.3 and
						  Chapter 1 of this subdivision, the following definitions govern the
						  construction of this subchapter.
(a)
						"Environment" means the total human surroundings, physical and biological,
						natural and artificial, and air, water, soil, plants, wildlife, and other
						ecological factors affecting the growth, development, and safety of people and
						other living organisms.
(b) "Notice
						to Comply" means a written alternative to issuing a Complaint for a
						violation.
(c) "Respondent" means
						any person against whom a Notice to Comply or a Complaint is filed, pursuant to
						the provisions of this subchapter.
(d) "Threat", for purposes of this
						subchapter, means an act or failure to act, the result of which could, by
						itself or in combination with other acts, endanger the public health and safety
						or harm the environment.
(e)
						"Wildlife" means and includes all wild animals, birds, plants, fish,
						amphibians, and related ecological communities, including the habitat upon
						which the wildlife depends for its continued viability.
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2.
						  Amendment of subsection (b) filed 5-14-2009; operative 6-13-2009 (Register
						  2009, No. 20).
Note: Authority cited: Sections
							 8670.68
							 and
							 11400.20,
							 Government Code. Reference: Section
							 711.2,
							 Fish and Game Code; and Sections
							 8670.56.5,
							 8670.67
							 and
							 8670.68,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.2 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The Administrator may take administrative compliance actions for violations of
						Chapter 7.4 of the Government Code (commencing with Section
						8670.1) or Division 7.8 of the
						Public Resources Code (commencing with Section
						8750) and any regulations,
						permits, or orders, issued or promulgated pursuant to those
						provisions.
(b) Each calendar day
						or partial day that a violation occurs shall be considered a separate
						violation.
(c) Twenty-five (25%)
						percent of any penalty collected under this subchapter shall be paid to the
						Office of Spill Prevention and Response. The Administrator may allocate the
						amount collected among those state, county, or local agencies participating and
						assisting in the prosecution of the action in accordance with the relative
						personnel costs and other costs incurred.
(d) Except as provided in Government Code
						Section
						8670.67(c),
						administrative actions taken pursuant to this subchapter shall be separate and
						in addition to, and do not supersede or limit, any and all other
						administrative, civil or criminal actions or remedies.
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2.
						  Amendment of subsection (c) filed 5-14-2009; operative 6-13-2009 (Register
						  2009, No. 20).
Note: Authority cited: Section
							 8670.68,
							 Government Code. Reference: Sections
							 8670.61,
							 8670.62,
							 8670.66,
							 8670.67,
							 8670.67.5,
							 8670.68,
							 8670.68.5
							 and
							 8670.69.4,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.3 - Classification of Violations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2.
						  Repealer filed 5-14-2009; operative 6-13-2009 (Register 2009, No.
						  20).
Note: Authority cited: Sections
							 8670.7,
							 8670.67
							 and
							 8670.68,
							 Government Code. Reference: Sections
							 8670.67
							 and
							 8670.68,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.5 - Administrative Compliance Actions: Government Code Section 8670.67

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						Administrator may issue a Complaint and assess a civil penalty upon any person
						who intentionally or negligently:
(1) fails
						to follow the effective plan (as that term is defined in Title 14, California
						Code of Regulations Section
						815.05), or the direction or
						orders of the Administrator, or the United States Coast Guard (USCG), in
						connection with an oil spill, except as provided in Government Code Section
						8670.27.
(2) fails to notify the USCG that a vessel
						(as defined in Government Code Section
						8670.20(a))
						is disabled within one hour of a disability if, while disabled, the vessel
						causes a discharge of oil into marine waters or inland waters.
(3) discharges or spills oil into, or which
						enters marine waters or inland waters unless the discharge is authorized by the
						United States, the State, or other agency with appropriate
						jurisdiction.
(4) fails to
						immediately begin cleanup, abatement, or removal of spilled oil in the manner
						prescribed by Section
						8670.25 of
						the Government Code.
(5) fails to
						comply with the provisions of Chapter 7.4 of the Government Code (commencing
						with Section
						8670.1) or Division 7.8 of the
						Public Resources Code (commencing with Section
						8750) and any regulations, permits
						or orders issued or promulgated pursuant to those sections.
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.6 - Administrative Compliance Actions: Public Resources Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the request of the Executive Officer
						of the State Lands Commission (Executive Officer) the Administrator may issue
						an administrative civil Complaint and assess an administrative civil penalty
						upon any person who intentionally or negligently fails to comply with:
(1) Marine Terminals Inspection and
						Management regulations found in Title 2 California Code of Regulations Sections
						2300 et seq.;
(2) Marine Terminal Personnel Training and
						Certification regulations found in Title 2 California Code of Regulations
						Sections 2540 et seq.;
(3) any other provision of Division 7.8 of
						the Public Resources Code (commencing with Section
						8750) and any other regulations,
						regulatory amendments, permits or orders issued or promulgated pursuant to
						these Public Resources Code sections.
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.7 - Discharge of Oil; Administrative Civil Liability; Government Code Section 8670.67.5. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2.
						  Amendment of first paragraph filed 5-14-2009; operative 6-13-2009 (Register
						  2009, No. 20).
3. Change without regulatory effect repealing section
						  filed 4-19-2021 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2021, No. 17).
Note: Authority cited: Sections
							 8670.7 and
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 1 - Administrative Compliance Actions and Civil Penalties › Section 873.8 - Damages. [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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These procedural rules shall govern all hearings held
						  pursuant to this subchapter.
1. New
						  article 2 (sections
						  874-874.6) and section filed
						  3-13-98; operative 4-12-98 (Register 98, No.
						  11).
Note: Authority cited: Section
							 8670.68,
							 Government Code. Reference: Section
							 8670.68,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.1 - Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrator may issue a Complaint upon any person
						  on whom administrative civil liability may be imposed pursuant to Section
						  8670.67 or
						  8670.67.5. The Complaint
						  shall:
(a) allege the facts or
						failures to act which constitute the basis for liability and contain the amount
						of the proposed civil penalty;
(b)
						be served by personal service or certified mail;
(c) inform the party so served of the right
						to a hearing;
(d) include a
						reference to laws and regulations governing the administrative civil penalty
						adjudication process; and
(e)
						include a document to serve as respondent's "Notice of Defense."
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No.
						  11).
Note: Authority cited: Section
							 8670.68,
							 Government Code. Reference: Section
							 8670.68,
							 Government Code.