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 852.60.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions in Chapter 1, Section
						  790 of this Subdivision, the
						  following definitions shall govern the construction of this subchapter. Where
						  similar terms are defined, the following will supersede the definition in
						  Chapter 1:
(a) "Administrator" means
						the Administrator for oil spill response appointed by the Governor pursuant to
						Government Code Section
						8670.4.
(b) "Area Contingency Plan (ACP)" means an
						oil spill response plan required by the United States Coast Guard (USCG) for
						each of the identified regions along California's coast. ACPs are not intended
						to displace local emergency response plans, but rather provide a framework to
						integrate and coordinate response efforts between federal, state and local
						government agencies.
(c) "Fund"
						means the Oil Spill Prevention and Administration Fund established pursuant to
						Section
						8670.38 of
						the Government Code.
(d) "Grant"
						means an award of funds to a local government for the update of a local plan,
						as described in subsection (h). The awarding of a grant is subject to
						availability of cash reserves in the Oil Spill Prevention and Administration
						Fund.
(e) "Grant Agreement" means
						the written agreement, and any amendment(s) and written change orders thereto,
						which is/are signed by the Administrator or his/her designated representative
						and the grant recipient, and which defines the terms, provisions and conditions
						governing the grant.
(f) "Grant
						Recipient" means the local government which receives a grant award from the
						California Department of Fish and Game's (CDFG), Office of Spill Prevention and
						Response (OSPR).
(g) "Local
						government" means any chartered or general law city, chartered or general law
						county, or any city and county, or any operational area identified by the
						California Office of Emergency Services, and, for the purpose of this
						subchapter, must have jurisdiction over or be directly adjacent to marine
						waters.
(h) "Local Oil Spill
						Contingency Plan" or "local plan" means a plan or annex to an existing plan
						pertaining to emergency response to a release or threatened release of oil
						within a city or a county and any additional minimum planning requirements
						identified in this subchapter. The objectives of the local plan shall include
						but not be limited to: identifying response resources and local agencies that
						may assist during an oil spill; and to ensure a coordinated effective response
						between local, state and federal agencies to provide the best achievable
						protection of California's coastal resources and marine waters.
(i) "Marine Waters" means those waters
						subject to tidal influence, and includes the waterways used for waterborne
						commercial vessel traffic to the Port of Sacramento and the Port of
						Stockton.
(j) "National Contingency
						Plan" (NCP), means the National Oil and Hazardous Substances Pollution
						Contingency Plan (40 Code of Federal Regulations, part 300 (2011)). The NCP
						serves as the blueprint for guiding the federal government's response to an oil
						spill or hazardous materials discharge, occurring in the United States both
						offshore and inland. The NCP focuses on the federal response to an oil spill,
						including the responsibilities of the Federal On-Scene Coordinator and the
						roles and responsibilities of the National Response Team.
(k) "Oiled Wildlife Care Network" (OWCN),
						means the organization managed by the University of California, Davis Wildlife
						Health Center. Its primary responsibility is the protection, rescue, and
						rehabilitation of oiled wildlife. Facilities within the OWCN have been
						established and maintained in a state of readiness to provide the best
						achievable treatment for marine mammals and birds affected by an oil spill. The
						Oil Spill Prevention and Response Act established and provided the funding of
						the OWCN (Government Code §
												8670.37.5),
						as an essential component of California's wildlife response capability as the
						lead state trustee agency for fish, wildlife and their habitats.
(l) "Region IX Regional Contingency Plan"
						(RCP), outlines the response mechanisms that would be activated among tribal,
						state and federal agencies in the event of an emergency situation. It is not
						the intent of the RCP to displace local emergency response plans, but rather it
						is intended to coordinate with local plans and build on the mechanisms set
						forth in NCP. Included in the RCP are the California Wildlife Operations Plan
						and the Dispersant Plan developed by OSPR, in coordination with other state and
						federal agencies, and many interested parties.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effect 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 subsections (a), (f) and (h) filed 9-23-97 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 97, No. 39).
4. Amendment of section and NOTE
						  filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
5.
						  Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
6. Change without regulatory effect amending subsection (g)
						  filed 10-21-2013 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2013, No. 43).
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.