reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 7 - Regulations for Implementation of Section 4526 of the Government Code › Article 2 - Specific Provisions › Section 789.6 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should the Department determine that it is necessary or
						desirable to have a given project performed in phases, it will not be necessary
						to negotiate the total contract price or compensation provisions at the time
						the initial phase is negotiated, provided that the Department shall have
						determined that the firm is the best qualified to perform the whole project at
						a fair and reasonable cost, and the contract contains provisions that the
						State, at its option, may utilize the firm for other phases and that the firm
						will accept a fair and reasonable price for subsequent phases to be later
						negotiated and reflected in a subsequent written instrument. The procedure with
						regard to negotiation provided for in section
						6106
						of the Public Contract Code shall be applicable.
1. New
						section filed 1-7-2000; operative 2-6-2000 (Register 2000, No.
						1).
Note: Authority cited: Section
						  4526,
						  Government Code; and Section
						  702,
						  Fish and Game Code. Reference: Section
						  4528,
						  Government Code.
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 1 - General Definitions and Provisions › Section 790 - Definitions and Abbreviations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context requires otherwise, the following
					 definitions shall govern the construction of this subdivision and
					 implementation of the Lempert-Keene-Seastrand Oil Spill Prevention and Response
					 Act (Government Code sections
					 8670.1-
					 8670.95).
(a)
(1)
				  "ACP" see "Area Contingency Plan."
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 1 - General Definitions and Provisions › Section 790.1 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of this subdivision or the application
					 thereof to any person or circumstance is held invalid by a Court, that
					 invalidity shall not affect other provisions or applications of the subdivision
					 that can be given effect without the invalid provision or application, and to
					 this end the provisions of this subdivision are severable.
1. New
					 section filed 7-5-2022; operative 10-1-2022 (Register 2022, No.
					 27).
Note: Authority cited: Sections
						8670.5.5
						and
						8670.7.5,
						Government Code. Reference: Sections
						8670.5.5
						and
						8670.7.5,
						Government Code.
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 1 - General Definitions and Provisions › Section 790.3 - Confidentiality of Submitted Documents and Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person submitting a document pursuant
				  to this subdivision for review and approval by the Administrator, including
				  applications, reports, and studies, may designate information in the submitted
				  document that the person or entity believes to be exempt from public disclosure
				  based on trade secret, proprietary, confidentiality, privilege, the California
				  Public Records Act, or some other applicable law. Examples of such documents
				  include but are not limited to an oil spill contingency plan, application for a
				  certificate of financial responsibility, application for an oil spill response
				  organization rating, application for a spill management team certification,
				  application for independent drill monitor certification, or application for
				  license of an oil spill cleanup agent.
(b) The person must assert a claim of
				  exemption from disclosure at the time the information is submitted to the
				  Administrator. The person must clearly and distinctly identify each paragraph,
				  sentence, number, data, map, photograph, or other item, and provide the
				  specific legal authority for
each item
that the person
				  believes should be withheld from public disclosure. Clear labeling and citation
				  to specific legal authority as to
each item
will greatly
				  assist with appropriate redaction. Generic non-specific labeling of an entire
				  section of a document or the entire document itself is not sufficient
				  designation of information to be withheld and is not sufficient assertion or
				  preservation of the justification for withholding information from public
				  release and will not be considered.
(c) If a person designates information as
				  exempt from public disclosure, then two different copies of the document must
				  be submitted as follows:
(1) One copy shall
				  contain the sensitive information. This document will be utilized by the
				  Administrator in the review and approval process.
(2) One copy shall be submitted depicting the
				  sensitive information as redacted, with the justification indicated.
(3) Any document submitted to any state
				  agency for review, as required by this subdivision, must include all sensitive
				  information.
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 1 - General Definitions and Provisions › Section 790.5 - Request for Reconsideration and Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner, operator, or applicant who has
				  submitted a document for or applied for approval from the Administrator
				  pursuant to a provision of this subdivision and received notice of a denial of
				  approval or a modified approval, or has received notice of a modification,
				  suspension, or revocation of an existing approval from the Administrator
				  pursuant to this subdivision, may request a reconsideration of the
				  Administrator's decision.
(b) The
				  request for reconsideration must be written, signed by the owner, operator,
				  applicant, or their legal representative, including their contact information,
				  and must contain the basis for requesting reconsideration. The request must
				  include evidence, data, or new information or facts pertinent to the issues,
				  offered to rebut the basis for the Administrator's decision and support a
				  different result. This request may be submitted by email or mail.
(c) Requests for reconsideration must be
				  received by the Administrator within 15 business days from the date the owner
				  or operator, or applicant received the notice of the Administrator's decision.
				  The request may also include a request to meet with the Administrator.
(1) If no meeting is requested, then within
				  15 business days from the date the request for reconsideration is received, the
				  Administrator will notify the owner, operator, applicant, or their legal
				  representative in writing of his or her decision after
				  reconsideration.
(2) If a meeting
				  is requested, the meeting shall be held within 15 business days of the request.
				  Within 15 business days after the meeting the Administrator will notify the
				  owner, operator, applicant, or their legal representative in writing of his or
				  her decision after reconsideration.
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 791.5 - Schedule of Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 790.5 to new section
					 791.5 filed 7-12-95 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 95, No. 28).
2. Amendment filed 11-13-97;
					 operative 11-13-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 46).
3. Amendment of NOTE filed 12-28-99;
					 operative 2-3-2000 (Register 99, No. 53).
4. Change without
					 regulatory effect amending NOTE filed 6-24-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 26).
5. Amendment of NOTE filed
					 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
6. Repealer
					 of section and amendment of NOTE filed 7-14-2011; operative 8-13-2011 (Register
					 2011, No. 28).
Note: Authority cited: Section
						8670.37.54,
						Government Code. Reference: Sections
						8670.37.51-
						8670.37.58,
						Government Code.
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 791.7 - Procedures for Application for California Certificate of Financial Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following application forms shall be
				  used to obtain a certificate:
(1) Application
				  for Certificate of Financial Responsibility for Operators or Owners of Tank
				  Vessels, form DFW 1925 (8/14). Vessels carrying oil as secondary cargo shall
				  use DFW 1925 to obtain a certificate of financial responsibility.
(2) Application for Certificate of Financial
				  Responsibility for Owners or Operators of Nontank Vessels, form DFW 1972 (Rev.
				  07/21).
(3) Application for
				  Certificate of Financial Responsibility for Marine Facilities, form DFW 1924
				  (8/14).
(4) Application for
				  Certificate of Financial Responsibility for Owners of Oil, form DFW 1947
				  (8/14).
(5) Application for
				  Certificate of Financial Responsibility for Mobile Transfer Units, form DFW
				  1946 (8/14).
(6) Application for
				  Certificate of Financial Responsibility for Inland Facilities, form DFW 1932
				  (NEW 06/21/17).
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 792 - In Lieu of Reliance on the Certificate: Tankers, Nontank Vessels, Tank Barges, and Owners of Oil

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the owner of all of the oil
				  contained in the tanker, tank barge, or nontank vessel, or the person accepting
				  responsibility for the oil, holds the certificate in lieu of the tanker, tank
				  barge, or nontank vessel owner or operator, then the owner or person accepting
				  responsibility for the oil shall provide the following: a copy of documentation
				  demonstrating ownership of, or responsibility for, all the oil contained in the
				  vessel, a written statement authorizing application of the certificate to the
				  tanker, tank barge or nontank vessel, and a copy of the certificate to the
				  tanker, tank barge or nontank vessel owner or operator.
(b) If the owner or operator of a vessel
				  intends to rely on a certificate issued to the owner of the oil or person
				  accepting responsibility for the oil, then the vessel owner or operator shall,
				  at least twenty-four hours prior to operating in waters of the state, provide
				  the Administrator with the following:
(1) By
				  way of phone call, notice of the intent to operate and the certificate numbers
				  applicable to all of the oil at all times during the transport; and
(2) A copy of a written statement by the
				  holder(s) of the applicable certificate(s) authorizing its (their) application
				  to the vessel.
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 793 - Certificate Requirements for Oil Transfers at Marine Terminals and Active Offshore Marine Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each owner or operator of a marine terminal within the state may only transfer
				  oil to or from a tank vessel or vessel carrying oil as secondary cargo
				  following receipt and verification of a copy of the certificate of financial
				  responsibility issued by the Administrator to the owner or operator of the
				  vessel, or from the owner of or person accepting responsibility for all of the
				  oil contained in the vessel, as well as all the oil to be transferred to or
				  from the vessel.
(b) Each marine
				  terminal owner or operator may only transfer oil to or from a vessel which is
				  used for, or is intended to be used for, transferring oil as cargo to or from a
				  second vessel located within twelve miles of the California shoreline,
				  following receipt and verification of a copy of the certificates issued for
				  both vessels or all of the oil contained in both vessels, as well as all the
				  oil to be transferred to or from both vessels.
(c) Each marine terminal owner or operator
				  shall be determined to have met the verification requirements set forth in
				  subsections (a) and (b) of this section, when, at the time of oil transfer, the
				  marine terminal owner or operator has:
(1)
				  Obtained verbal verification that all certificates are current and applicable
				  to the vessels and, if applicable, to all of the oil contained in or to be
				  transferred to or from the vessels from the persons responsible for the
				  vessels, or from the persons responsible for the oil to be transferred to or
				  from the affected vessels, or from persons authorized to provide this
				  verification; and
(2) Visually
				  inspected all relevant manifests or similar documentation (e.g., U.S. Customs
				  Cargo Declarations) to confirm the information ascertained pursuant to (1);
				  and
(3) Assured that the
				  information contained in the certificates of financial responsibility is
				  consistent with the information acquired pursuant to (1) and (2)
				  above.
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 794 - Multiple Vessels or Facilities Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certificate shall be issued to the
				  applicant for multiple tankers, tank barges, nontank vessels, or facilities
				  listed on the completed application, following approval of the application by
				  the Administrator.
(b) The total
				  financial responsibility that must be demonstrated by an owner or operator with
				  multiple small tank barges, marine facilities, inland facilities, small marine
				  fueling facilities, mobile transfer units, nontank vessels, or vessels carrying
				  oil as secondary cargo shall be based on the vessel or facility which poses the
				  greatest financial risk during a spill as determined pursuant to section
				  791.7 of this chapter.
(c) If an oil spill occurs from one or more
				  tanker, tank barge, nontank vessel, marine facility, or inland facility within
				  or outside of California, which may cause the certificant to be liable for
				  damages exceeding five percent of the total financial resources reflected by
				  the certificate, then the Administrator shall:
(1) Immediately review the certificant's
				  financial resources to determine the applicability of the certificate to the
				  certificant's other vessels and facilities not associated with the spill, and
				  notify the certificant of the results of the review prior to issuing a
				  determination that the certificate is inapplicable to any vessel or facility
				  not associated with the spill; and
(2) Where a determination is made that the
				  certificate is inapplicable, provide the certificant reasonable time to modify
				  affected operations; and
(3)
				  Consider the certificate inapplicable to the certificant's other vessels or
				  facilities not associated with the spill.
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 795 - Evidence of Financial Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the application submitted pursuant to section
					 791.7, financial responsibility
					 must be demonstrated by an applicant using the methods described below:
(a) Insurance.
(1) Applicants may demonstrate financial
				  responsibility by submitting any of the following:
(A) An insurance policy or other
				  documentation, and a certificate of insurance that is acceptable to the
				  Administrator specifying the nature, type, and amount of insurance. At a
				  minimum, the insurance policy must include the following information:
1. Name and address of insured;
2. Name and principal characteristics of
				  tankers, tank barges, nontank vessels, or facilities covered;
3. Name and address of insurer(s);
4. Policy number(s);
5. Effective date and term of
				  coverage;
6. All conditions and
				  limitations of the policy or certificate which may affect coverage in the event
				  of a spill of oil;
7. Language that
				  the policy covers damages as specified in Government Code section
				  8670.56.5,
				  except as provided in subsection (a)(1)(D) of this section:
8. Evidence of dollar amounts of the
				  insurance policy or certificate of insurance;
9. Amount of deductibles and/or self-insured
				  retention; and
10. Language that
				  termination or cancellation of this policy, insofar as it serves as proof of
				  the insured's financial responsibility pursuant to section
				  795, shall not become effective
				  until 30 calendar days after a notice of termination or cancellation has been
				  submitted to the Administrator. However, this policy shall only remain in
				  effect for 10 calendar days after a notice of termination or cancellation for
				  failure to pay the premium by the due date has been submitted in writing by the
				  insurer to the insured and to the Administrator, and the notice was issued
				  after the date the premium was due.
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 796 - Certificate Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A certificate may be revoked immediately with concurrent written notice by the
				  Administrator to the certificant for any of the following reasons:
(1) Making a false material statement in
				  connection with an application for, or renewal of, a certificate;
(2) Failure to establish or maintain evidence
				  of financial responsibility as required by this chapter;
(3) When the certificant is no longer the
				  owner or operator of the vessel or facility, or the owner of the oil in
				  question; or
(4) When the
				  certificant did not provide evidence of financial responsibility within the
				  time frames specified by this chapter.
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 798 - Severability. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section 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).
2. New
					 section 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).
3. New
					 section 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).
4. New
					 section 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).
5. 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).
6. Repealer filed 7-5-2022; operative
					 10-1-2022 (Register 2022, No. 27).
Note: Authority cited: Sections
						8670.5.5
						and
						8670.7.5,
						Government Code. Reference: Sections
						8670.37.51,
						8670.37.52,
						8670.37.53,
						8670.37.54,
						8670.37.55,
						8670.37.56,
						8670.37.57
						and
						8670.37.58,
						Government Code.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 1 - Harbor Safety Committees and Harbor Safety Plans › Section 800 - 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) "Vessels" means any
					 watercraft or ship of any kind, including every structure adapted to be
					 navigated from place to place for the transportation of merchandise or
					 persons.
1. New
						chapter 2, subchapter 1 and section filed 1-12-93; operative 1-12-93 (Register
						93, No. 8).
2. Change without regulatory effect renumbering former
						chapter 2 to chapter 3, amending subchapter 1 heading, adding new first
						paragraph, repealing subsections (a)-(m) and subsection relettering filed
						7-12-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 28).
3. Amendment of subsection (a)
						and NOTE filed 1-10-2005; operative 2-9-2005 (Register 2005, No.
						2).
Note: Authority cited: Section
						  8670.23,
						  Government Code. Reference: Sections
						  8670.3,
						  8670.21
						  and
						  8670.23,
						  Government Code.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 1 - Harbor Safety Committees and Harbor Safety Plans › Section 800.5 - Harbor Safety Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Administrator shall create harbor safety committees for the harbors and
					 adjacent regions of San Diego Bay; Los Angeles/Long Beach Harbor; Port Hueneme;
					 San Francisco, San Pablo, and Suisun Bays; and Humboldt Bay. In consultation
					 with each harbor safety committee, the Administrator shall determine its
					 geographic region of responsibility which shall be clearly reflected in the
					 committee's plan as described in Section
					 802(b)(2) of this
					 Subchapter.
(b) In the event that a
					 designee of a port authority is not able to participate as a harbor safety
					 committee member due to military affiliations, the civilian counterpart for
					 that harbor may serve in place of the port authority designee.
(c) All meetings of harbor safety committees,
					 their subcommittees, workgroups or organizations, as defined in Government Code
					 Section
					 54952, are
					 subject to the open meeting requirements contained in Government Code Sections
					 54950
					 through
					 54962.
1. New
						section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2.
						Change without regulatory effect adding new subsection (d) and amending NOTE
						filed 3-21-95; operative 4-20-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
3. Amendment of subsection (a),
						repealer of subsection (b), subsection relettering, amendment of newly
						designated subsection (c) and amendment of NOTE filed 1-10-2005; operative
						2-9-2005 (Register 2005, No. 2).
Note: Authority cited: Sections
						  8670.23
						  and
						  8670.23.1,
						  Government Code. Reference: Section
						  8670.23,
						  Government Code.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 1 - Harbor Safety Committees and Harbor Safety Plans › Section 801 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each harbor safety committee shall be responsible for planning for the safe
					 navigation and operation of vessels within its geographic region of
					 responsibility. As part of meeting this responsibility, each committee shall
					 prepare and submit to the Administrator its harbor safety plan which
					 encompasses all vessel traffic within its region and addresses the region's
					 unique safety needs.
(b) All harbor
					 safety plans shall be consistent with both the California Oil Spill Contingency
					 Plan and the National Contingency Plan.
(c) All harbor safety plans shall be in
					 writing and shall include a reference to any federal, state or local laws or
					 regulations if those laws or regulations were relied upon to develop the
					 plan.
(d) Harbor safety plans which
					 meet the requirements of this subchapter shall be implemented by the
					 Administrator in consultation with the respective committee.
(e) On or before July 1 of each year, each
					 harbor safety committee shall assess maritime safety or security within its
					 region, including tank vessel safety, and shall report its findings and
					 recommendations for improvements to the Administrator by amending its current
					 harbor safety plan or instituting other alternatives to address its findings.
					 All plans shall be reviewed by the Administrator to ensure their compliance
					 with this subchapter.
(f) The
					 Administrator may direct a harbor safety committee to address any issue
					 affecting maritime safety or security, as appropriate, and to report findings
					 and recommendations on those issues.
1. New
						section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2.
						Amendment of section and NOTE filed 1-10-2005; operative 2-9-2005 (Register
						2005, No. 2).
Note: Authority cited: Sections
						  8670.23
						  and
						  8670.23.1,
						  Government Code. Reference: Section
						  8670.23,
						  Government Code.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 1 - Harbor Safety Committees and Harbor Safety Plans › Section 802 - Harbor Safety Plan Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 harbor safety plans shall be written in consideration of the best achievable
					 protection standard as that term is defined in Chapter 1 of this
					 subdivision.
(b) Each harbor safety
					 plan shall include, at a minimum, a discussion of the following:
(1) Tug Escorts
(A) One section of the plan shall be
					 dedicated to the usage of tug escorts in the committee's geographic region of
					 responsibility.
(B) This section
					 shall allow for a case-by-cast determination of tug escort usage or need based
					 on specified criteria which include, but are not limited to, all of the
					 following factors:
1. the physical limitations
					 of the tugs;
2. an analysis of
					 commonly encountered weather and sea conditions including, but not limited to,
					 wind, tidal and ocean currents;
3.
					 the type of cargo carried by the tank vessel;
4. a determination of whether or not tug
					 escorts are needed for unladen tank vessels; and
5. the effectiveness of tug escorts in
					 steering and/or stopping assistance for heavily laden tank vessels given the
					 geographic and navigational limitations of that region.
(C) This section shall also include, but not
					 be limited to, all of the following:
1. an
					 outline discussing tug boat capabilities when assisting a tank
					 vessel;
2. a recommendation
					 determining when tank vessels must be escorted by tug(s) while entering,
					 leaving, or navigating in the region;
3. a determination of sufficient size,
					 horsepower, and pull capacity of the tug(s) to assure maximum assistance
					 capability;
4. a comprehensive
					 inventory of the number and types of tugs available for tank vessel escort in
					 each geographic region; and
5. an
					 analysis, including factual data and studies relating to the analysis, which
					 specifies the incident and location of accidents and the effects of the absence
					 or presence of tug escorts at the time of those accidents.
(D) Each plan shall address its method for
					 performing a continued study of tug escorts, which will rely in part on
					 relevant information solicited by the harbor safety committee from pilots,
					 masters, representatives from towing industries and builders, and other
					 interested parties.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 815.01 - General Outline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
815.03 Purpose and Scope
815.05 Definitions
815.07 General Requirements
816 Plan Submittal, Review and Approval
817.02 Marine Facility Contingency Plans
817.03 Small Marine Fueling Facility Contingency
						Plans
818.02 Vessel Contingency Plans
818.03 Vessels Carrying Oil As Secondary Cargo
						Contingency Plans
819 Oil Spill Response Organizations Rating
1. New
						section filed 6-1-98; operative 6-1-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 23).
2. Amendment filed 10-9-2002; operative
						10-9-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 41).
3. Amendment filed 9-26-2022; operative
						1-1-2023 (Register 2022, No. 39).
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 815.07 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A tank vessel or facility owner or operator who is required to submit an oil
					 spill contingency plan pursuant to this subchapter shall:
(1) Identify and ensure by contract or other
					 approved means a rated oil spill response organization (as specified in
					 subchapter 3.5) for the booming, on-water recovery and storage, and shoreline
					 protection services required. An OSRO's existing Letter of Approval issued from
					 the Administrator shall remain valid unless revoked and shall be deemed to meet
					 the requirements of this subchapter for three years from the date of the
					 letter's issuance.
(2) Identify and
					 ensure by contract or other approved means a certified spill management team,
					 as described in subchapter 5 of this chapter. The certified spill management
					 team shall be the appropriate tier classification, pursuant to section
					 830.3 of subchapter 5.
(A) The spill management team may have an
					 interim certification.
(B) A single
					 spill management team may be listed if it is capable of responding in all
					 geographic regions in which the plan holder operates.
(C) The spill management team may consist of
					 personnel employed by the plan holder or persons affiliated with the plan
					 holder, contracted personnel, or a combination thereof.
(D) Within 90 calendar days after the
					 effective date of subchapter 5 of this chapter, any owner or operator that
					 currently has an approved contingency plan shall submit an Application for
					 Certification of Plan Holder Spill Management Team form DFW 1005 (new
					 11/12/20), incorporated by reference herein, pursuant to section
					 830.7 of subchapter 5.
(E) An owner or operator that is required to
					 have a new contingency plan shall submit an Application for Certification of
					 Plan Holder Spill Management Team form DFW 1005 (new 11/12/20), incorporated by
					 reference herein, pursuant to section
					 830.7 of subchapter 5, at the time
					 of submission of a new contingency plan for review and
					 approval.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816 - Plan Submittal, Review and Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						heading filed 11-4-93 with the Secretary of State by the Department of Fish and
						Game; operative 11-4-93. Submitted to OAL for printing only pursuant to
						Government Code section
						8670.28(e)
						(Register 93, No. 45).
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.01 - Plan Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Plans
Unless otherwise exempt, each owner/operator of a tank
						vessel or marine facility shall prepare and submit an oil spill contingency
						plan for that tank vessel or facility. The plan may be specific to an
						individual facility or tank vessel or may be composed as follows:
(1) Marine Facility Blanket Plans
(A) Blanket contingency plans may be
					 submitted for marine facilities that are substantially similar to one another
					 based on the criteria in this subsection. The owner/operator must request
					 approval for the use of a blanket plan prior to submitting the plan to the
					 Administrator. The request must include a justification for the use of a
					 blanket plan based on the criteria outlined in this subsection.
(B) The Administrator shall determine whether
					 a blanket plan is appropriate for any given group of marine facilities. In
					 order to utilize a blanket plan, each marine facility covered by the blanket
					 must demonstrate the following:
1. each
					 facility must be substantially similar in layout and design, or must be an
					 integral part of another facility, such as the pipeline connecting a platform
					 to a shoreside facility;
2. each
					 facility must handle the same products;
3. the Risk and Hazard Analysis for each
					 facility must show substantially similar risks of a spill, and similar sites of
					 potential leakage or spills;
4. the
					 response equipment and personnel must be able to respond to any and all of the
					 covered marine facilities in the same or essentially the same amount of
					 time;
5. any spill from any of the
					 marine facilities must pose similar risks in the same or essentially the same
					 Geographical Region, including risks to the same environmentally, economically
					 or culturally sensitive sites; and
6. The prevention measures as specified in
					 Subsections
					 817.02.(c) or 817.03(c) must be
					 substantially the same for each facility.
(C) A separate appendix for each marine
					 facility covered by the Blanket Plan must be included as an attachment to the
					 plan.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.02 - Plan Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before December 31, 2011, OSPR will accept either
						an original hard copy of the contingency plan or a CD-ROM formatted contingency
						plan with a signed copy of the "Feasibility and Executability Statement"
						required by this subchapter.
After December 31, 2011, OSPR will no longer accept
						original hard copies of the contingency plan. All submittals will either be
						made online as approved by OSPR, or in an electronic format approved by the
						Administrator. If changes are made to a plan, updates can either be submitted
						on-line, or a complete and up-to-date plan must be submitted in an electronic
						format approved by the Administrator.
Other documents required to be submitted with the
						contingency plan, such as evidence of the contracts or other approved means
						with Oil Spill Response Organizations and certified spill management teams, or
						general arrangement and tank diagrams, shall be scanned and submitted in an
						electronic format approved by the Administrator. Although not required, it is
						requested that the Table of Contents be linked to the different sections of the
						plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California
						plan format is used, it is requested that the plan be electronically linked to
						the plan sections that comply with California's requirements. Each plan shall
						be organized into separate volumes: a response manual and a principal volume or
						volumes with related appendices. The format for each is outlined below:
(a) Response Manual
A simplified response manual suitable for on-scene use in
						the event of a spill which summarizes key notification information and the
						initial response actions specified in the plan shall be prepared and submitted
						with each plan.
(1) The response
					 manual is a subset of the information provided in the principal volume of the
					 plan.
(2) The information contained
					 in the response manual shall be sufficient to direct on-scene response
					 personnel through the first 24 hours of a response.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.03 - Plan Review and Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Timeframes
(1) Each Plan shall be approved or
					 denied within 30 days after receipt by the Administrator.
(2) Any state agency or committee that
					 reviews the contingency plans shall submit any comments to the Administrator
					 within 60 days of receipt of the plan by the agency or committee.
(3) The Administrator shall determine whether
					 each plan complies with the regulations governing the contingency planning
					 process. If it is determined that a plan is inadequate a written explanation of
					 deficiencies, and, if practicable, suggested modifications or alternatives
					 shall be sent to the plan holder.
(4) Upon notification of a plan's
					 deficiencies, the plan holder will have 30 days to submit a new or modified
					 plan. Such a re-submittal shall be treated as a new submittal and processed
					 according to the provisions of this section.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.04 - Plan Implementation and Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Availability
(1) Marine Facility Plans
(A) A complete copy of the marine facility's
					 approved plan must be maintained on-site if the facility is staffed, or at the
					 nearest field office if the facility is not staffed.
(B) A copy of the response manual must be
					 maintained at all sites covered by the plan.
(C) Response manuals for pipeline facilities
					 shall be maintained at all sites covered by the plan or where operations and
					 maintenance activities are conducted.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.05 - Plan Updates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Timeframes
(1) Update and Review
(A) The plan holder shall ensure that all
					 plans are up-to-date and complete. All plans shall be resubmitted for review
					 once every five years from the date of the most recent approval
					 letter.
(B)
1. If the most recently approved plan and all
					 updates submitted since the last plan approval letter have not changed, on or
					 before the 5 year resubmittal due date the owner/operator shall, in lieu of
					 submitting a complete plan as described in Subparagraph (A) above, submit
					 correspondence to the Administrator stating that the plan currently on file
					 with OSPR is up-to-date and complete.
2. If the contingency plan on file is over 5
					 years old from the date of most recent approval letter (original submission or
					 resubmittal) and there has been no correspondence to the Administrator stating
					 that the plan currently on file with the OSPR is up-to-date and complete, that
					 plan will be revoked.
(C)
					 The Administrator may require earlier or more frequent resubmission or updates
					 than that required in Subparagraph (A). The owner/operator shall be notified in
					 writing if an earlier resubmission or update is required. The notice shall
					 include an explanation of the reasons for the resubmission or update. The
					 circumstances that would warrant an earlier resubmission or update include, but
					 are not limited to, the following:
1. a
					 change in regulations;
2. the
					 development of new oil spill response technologies as determined by the
					 Administrator during any review of Response Capability Standards;
3. deficiencies identified in the
					 Administrator's review of all the oil spill contingency plans as part of the
					 Coastal Protection Review;
4. an
					 increased need to protect plant and wildlife habitat;
5. deficiencies in oil spill response
					 capability identified during an oil spill;
6. deficiencies in oil spill response
					 capability identified during an oil spill drill;
7. significant changes to the tank vessel or
					 marine facility; and
8. any other
					 situation deemed appropriate by the Administrator where deficiencies in the
					 ability to provide timely and effective oil spill response are
					 identified.
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 3 - Oil Spill Prevention and Response Planning › Subchapter 3 - Oil Spill Contingency Plans › Section 816.06 - Compliance Requirements/Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who knowingly, intentionally, or negligently
						violates any provision of this subchapter shall be subject to criminal, civil,
						and/or administrative civil actions as prescribed in Article 9, beginning with
						Section
						8670.57 of
						the Government Code. Actions which constitute a violation of this subchapter
						shall include, but not be limited to, the following:
(a) failure to submit the plan in a timely
					 manner;
(b) failure to implement
					 any element of the plan as approved unless otherwise authorized by the
					 Administrator or the U.S. Coast Guard through the Unified Command;
(c) operating without an approved
					 plan;
(d) failure to contract with
					 an OSRO Rated by OSPR for booming, on-water recovery and storage, and shoreline
					 protection services; or
(e) failure
					 to follow the direction or orders of the Administrator in connection with an
					 oil spill, except as provided in Section
					 8670.27 of
					 the Government Code.
1.
						Amendment of first paragraph and NOTE filed 6-1-98; operative 6-1-98 pursuant
						to Government Code section
						11343.4(d)
						(Register 98, No. 23).
2. Change without regulatory effect amending
						NOTE filed 8-29-2000 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2000, No. 35).
3. New subsection (d),
						subsection relettering and amendment of NOTE filed 10-9-2002; operative
						10-9-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 41).
Note: Authority cited: Sections
						  8670.28,
						  8670.29,
						  8670.30
						  and
						  8670.57-
						  8670.69.6,
						  Government Code. Reference: Sections
						  8670.29,
						  8670.30,
						  8670.31
						  and
						  8670.57-
						  8670.69.6,
						  Government Code.