California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 5.3 - Marine Terminal Personnel Training and Certification › Section 2541 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
					 definitions shall govern the construction of this article:
(a) "Barge" means any vessel that carries oil
				  in commercial quantities as cargo, but is not equipped with a means of
				  self-propulsion.
(b)
				  "Certification" means the documentation that a terminal employee has met all of
				  the requirements of an oil spill prevention training and job competency program
				  that meets the requirements of this article.
(c) "Division" means the Marine Environmental
				  Protection Division of the California State Lands Commission.
(d) "Division Chief" means the Chief of the
				  Marine Environmental Protection Division or any employee of the Division
				  authorized by the Chief to act on his behalf.
(e) "Human factors" means human conditions,
				  such as inadequate knowledge or fatigue, which can lead to operator error or
				  poor judgement.
(f) "Human factor
				  risks" means risks of causing an oil spill due to the effects of human factors
				  on competency and judgement.
(g)
				  "Indirect operations" means involvement in on-site activities, such as new
				  construction, in a capacity that indirectly involves the risk of an oil spill
				  to waters of the state due to potential impacts to nearby oil-handling
				  operations (e.g., operating digging equipment next to an active oil transfer
				  pipeline).
(h) "Maintenance" means
				  direct involvement in maintaining and repairing the equipment used for the
				  transfer, storage, handling, or monitoring of oil at a marine terminal in a
				  capacity that involves the risk of an oil spill to marine waters.
(i) "Management" means the first line
				  supervision with direct involvement in managing the transfer, storage,
				  handling, or monitoring of oil at a marine terminal by administering operations
				  policies and procedures that involve the risk of an oil spill to marine
				  waters.
(j) "Marine terminal" means
				  a facility other than a vessel, located on or adjacent to marine waters in
				  California, used for transferring oil to or from tank vessels or barges. The
				  term references all parts of the facility including, but not limited to,
				  structures, equipment and appurtenances thereto used or capable of being used
				  to transfer oil to or from tank vessels or barges. For the purpose of these
				  regulations, a marine terminal includes all piping not integrally connected to
				  a tank facility.
(k) "Maximum
				  extent practicable" means the highest level of effectiveness that can be
				  achieved through the use of terminal personnel and best achievable technology.
				  In determining what is the maximum extent practicable, the Division shall
				  consider, at a minimum, the effectiveness, engineering feasibility, commercial
				  availability, safety, and the cost of the measures.
(l) "Offshore marine terminal" means any
				  marine terminal at which tank vessels or barges are made fast to a buoy or
				  buoys.
(m) "Oil" means any kind of
				  petroleum, liquid hydrocarbons, or petroleum products or any fraction or
				  residues therefrom, including, but not limited to, crude oil, bunker fuel,
				  gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with
				  waste, and liquid distillates from unprocessed natural gas.
(n) "Onshore marine terminal" means any
				  marine terminal at which tank vessels or barges are made fast to land
				  structures or substantially land structures.
(o) "On-the-job training" means learning
				  procedures and equipment use through observation of experienced and competent
				  personnel, and supervised hands-on practice.
(p) "Operations" means direct involvement in
				  the transfer, storage, handling, or monitoring of oil at a terminal in a
				  capacity that involves the risk of an oil spill to waters of the state. This
				  functional group includes but is not limited to the Terminal person in charge,
				  storage tank operators, pipeline operators, and oil transfer
				  monitors.
(q) "Operator" when used
				  in connection with vessels, marine terminals, pipelines, or facilities, means
				  any person or entity which owns, has an ownership interest in, charters,
				  leases, rents, operates, participates in the operation of or uses that vessel,
				  terminal, pipeline, or facility. "Operator" does not include any entity which
				  owns the land underlying the terminal or the terminal itself, where the entity
				  is not involved in the operations of the terminal.
(r) "Personnel" means individuals employed
				  by, or under contract with, a terminal.
(s) "Spill" or "discharge" means any release
				  of oil into marine waters which is not authorized by any federal, state, or
				  local government entity.
(t)
				  "Supervisory" means involvement in directly supervising any transfer, storage,
				  handling, or monitoring of oil at a marine terminal by implementing operations
				  policies and procedures that involve risk of an oil spill to marine
				  waters.
(u) "Tank facility" means
				  any one or combination of above ground storage tanks, including any piping
				  which is integral to the tank, which contains crude oil or its fractions and
				  which is used by a single business entity at a single location or site. A pipe
				  is integrally related to an above ground storage tank if the pipe is connected
				  to the tank and meets any of the following:
(1) The pipe is within the dike or
				  containment area;
(2) The pipe is
				  connected to the first flange or valve after the piping exists the containment
				  area; or
(3) The pipe is connected
				  to the first flange or valve on the exterior of the tank, if state of federal
				  law does not require a containment area.