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 791.6 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  purpose of this chapter is to specify the procedures and timelines for
				  obtaining and renewing a certificate of financial responsibility.
(b) An owner or operator of a facility, small
				  marine fueling facility, mobile transfer unit, tank vessel, nontank vessel, or
				  vessel carrying oil as secondary cargo required to have an oil spill
				  contingency plan pursuant to subchapter 3 or subchapter 4 of chapter 3 of this
				  subdivision, while operating in California, shall demonstrate to the
				  satisfaction of the Administrator the financial ability to pay for costs and
				  damages caused by a spill. The owner or operator shall do so by applying for
				  and being issued a valid certificate of financial responsibility (hereafter
				  referred to as a certificate). The acceptable methods for providing financial
				  responsibility are described in section
				  795 of this chapter.
(c) If at any time the Administrator
				  determines this chapter shall be applicable to a vessel or facility that had
				  been given an exemption or for which this chapter had been deemed inapplicable,
				  the vessel or facility owner or operator shall submit an application, pursuant
				  to section
				  791.7, within 120 calendar days
				  from the date of receipt of a written determination of applicability.
				  Applicability is based on the criteria and provisions described at sections
				  815.03,
				  817.01,
				  817.04,
				  818.01, and
				  827.01 of this subdivision. OSPR
				  shall review the application within thirty (30) calendar days.
(d) The required amounts of financial
				  responsibility in no way restricts or sets financial limitations on any duty,
				  obligation, or liability of the responsible party to the State of California or
				  any other public or private entity. This includes civil penalties assessed
				  pursuant to all applicable federal, state and local laws.
(e) A certificate of financial responsibility
				  is conclusive evidence that the person or entity holding the certificate is the
				  party responsible for the specified vessel, facility, or oil for purposes of
				  determining liability for an oil spill, pursuant to section
				  8670.37.52
				  of the Government Code.
1. New
					 section filed 4-3-2012; operative 5-3-2012 (Register 2012, No.
					 14).
2. Redesignation and amendment of former subsection (b) as new
					 subsections (b)(1)-(2) filed 12-16-2014; operative 4-1-2015 (Register 2014, No.
					 51).
3. Amendment of section and 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).
4.
					 Amendment of section and 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).
5.
					 Amendment of section and 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).
6.
					 Amendment of section and NOTE refiled 7-30-2018 as an emergency, including
					 amendment of subsection (b)(4); 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).
7. 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).
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.