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 852.60.4 - Duties and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrator of OSPR has the lead state authority
						  and responsibility for overseeing oil spill response and clean up activities in
						  marine waters, identification of natural resources, protection priorities and
						  damage assessment after an oil spill, in consultation with other state agencies
						  and local governments.
In the event of an oil spill in marine waters, OSPR
						  shall conduct an initial on-scene assessment of the spill and review the
						  measures being taken by the Responsible Party (RP) and determine the
						  appropriate level of response. In the event that the United States Coast Guard
						  (USCG) is on the scene first and has done an assessment, OSPR may accept the
						  USCG's initial assessment and response determination if it is consistent with
						  the guidelines set forth in the California Oil Spill Contingency Plan. The
						  state shall establish a Unified Command (UC) with the (USCG) at a spill in
						  which both the state and federal jurisdictions are involved.
The UC shall consist of the State's On-Scene
						  Coordinator (SOSC), the Federal On Scene Coordinator (FOSC), the senior
						  representative of the party responsible for the spill if the party is
						  identified and assumes responsibility and, if included in the Memorandum of
						  Understanding (MOU) described in Subsection (d) below, the representative(s)
						  from the local jurisdiction(s) directly impacted by the spill. The local
						  government representative(s) shall be designated within their local plan
						  prepared pursuant to Section
						  852.62.2(a)(1)(E)
						  of this subchapter.
Such participation by local governments in the UC shall
						  be conditioned on the following:
(a)
						Completion of their local plan that meets the requirements of this
						subchapter.
(b) Participation by
						local governments in the area contingency planning process of the
						USCG.
(c) Recognition of the
						Federal On-Scene Coordinator (FOSC) and the State On-Scene Coordinator (SOSC)
						who have the authority to issue orders and direction to the responsible party
						(RP), if identified.
(d) Upon
						completion of the process described in Article 2 of this subchapter, a
						memorandum of understanding (MOU) shall be entered into between the
						Administrator of OSPR and local government(s). The MOU is for the purposes of
						ensuring a unified and coordinated effort between state and local government
						agencies through appropriate mutual aid in the event of an oil spill
						incident.
1. New
						  section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2.
						  Change without regulatory effecting amending second and third paragraphs and
						  subsection (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 filed 7-22-2011; operative 8-21-2011 (Register 2011, No.
						  29).
Note: Authority cited: Section
							 8574.1,
							 8574.7,
							 8670.7 and
							 8670.35,
							 Government Code. Reference: Sections
							 8574.1,
							 8574.7,
							 8670.7 and
							 8670.35,
							 Government Code.