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 2 - Financial Responsibility › Section 797 - Reporting and Suspension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The certificant shall provide written notification to the Administrator of an
				  event or situation which could produce a material change that affects the
				  certificant's ability to comply with the financial responsibility requirements.
				  Such events include, but are not limited to, a spill occurring within or
				  outside of California for which the certificant may be liable for damages,
				  bankruptcy or insolvency, or some other significant action against the
				  certificant. Additionally, the certificant must notify the Administrator in
				  writing of any other potential liability that could produce a material change
				  that affects the certificant's ability to comply with the financial
				  responsibility requirements. Written notification must be submitted within 10
				  calendar days of knowledge of the incident or knowledge of sufficient facts
				  which would lead a reasonably prudent person to investigate the situation. For
				  purposes of this subsection, "material change" means an event or action which
				  could cause the certificant to be liable for damages in an amount exceeding
				  five percent of the total financial resources reflected by the certificate or,
				  if owners' equity exceeds the total amount of financial resources reflected by
				  the certificate, five percent of the owners' equity.
(b) Upon notification to the Administrator of
				  a spill or other situation or potential liability, as required by subsection
				  (a) above, the Administrator shall reevaluate the validity of the certificate
				  of financial responsibility.
(c)
				  Upon a determination by the Administrator that the certificant lacks sufficient
				  financial resources to assume financial responsibility for both the current
				  spill or liability and also have adequate resources remaining available to meet
				  the requirements of this chapter, the Administrator shall suspend the
				  certificate following 10 calendar days written notice to the
				  certificant.
(d) Suspension of the
				  certificate shall continue until the certificant demonstrates, to the
				  satisfaction of the Administrator, that the certificant has the financial
				  resources needed to meet the requirements of this chapter.
(e) Request for Reconsideration.
Certificants may submit a request for reconsideration of
					 the Administrator's decision to suspend the certificate, by following the
					 process described in section
					 790.5 of chapter
					 1.
1. New
					 section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3).
					 A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of law and new section filed 12-13-91
					 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of
					 Compliance must be transmitted to OAL 4-13-92 or emergency language will be
					 repealed by operation of law on the following day.
3. Certificate of
					 Compliance as to 12-13-91 order including amendment of subsection (a)
					 transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No.
					 22).
4. Amendment of subsections (a) and (c), new subsection (e),
					 and new forms filed 3-23-95; operative 4-24-95 (Register 95, No.
					 12).
5. Change without regulatory effect removing FG OSPR Forms 1924
					 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930
					 (2/95), 1946 (8/96) and 1947 (8/96) from print filed 10-21-96 pursuant to
					 Section 100, title 1, California Code of
					 Regulations (Register 96, No. 43).
6. Amendment filed 11-13-97;
					 operative 11-13-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 46).
7. Amendment of subsection (a) and NOTE filed
					 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of
					 subsection (a) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register
					 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by
					 6-5-2000 or emergency language will be repealed by operation of law on the
					 following day.
9. Reinstatement of section as it existed prior to
					 2-4-2000 emergency amendment by operation of Government Code section
					 11346.1(f)
					 (Register 2000, No. 31).
10. Amendment of subsection (a) filed
					 9-17-2001; operative 9-17-2001 pursuant to Government Code section
					 11343.4
					 (Register 2001, No. 38).
11. Change without regulatory effect
					 amending NOTE filed 6-24-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 26).
12. Amendment of NOTE filed
					 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
13.
					 Amendment of subsection (a) and amendment of NOTE 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).
14.
					 Amendment of subsection (a) and amendment of NOTE 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).
15.
					 Amendment of subsection (a) and amendment of NOTE refiled 8-7-2017 as an
					 emergency; operative 8-7-2017. 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 2017, No. 32).
16.
					 Amendment of subsection (a) and amendment of NOTE refiled 7-30-2018 as an
					 emergency; operative 7-30-2018. Submitted to OAL for printing only pursuant to
					 Government Code section
					 8670.7.5,
					 which provides that the regulation shall be deemed an emergency and not subject
					 to OAL review, and shall remain in effect for twelve months or until readopted,
					 whichever is earlier (Register 2018, No. 31).
17. Certificate of
					 Compliance as to 7-30-2018 order, including amendment of 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).
18. Amendment of subsection (e) filed
					 7-5-2022; operative 10-1-2022 (Register 2022, No.
					 27).
Note: Authority cited: Sections
						8670.7.5,
						8670.37.53,
						8670.37.54,
						8670.37.56
						and
						8670.37.58,
						Government Code. Reference: Sections
						8670.37.54,
						8670.37.55
						and
						8670.37.56,
						Government Code.