reglab/statecodes huggingface dataset:
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.2 - Notice of Defense; Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person served with a Complaint may,
						within 10 business days after service, request a hearing by filing a Notice of
						Defense.
(b) A Notice of Defense is
						deemed to be filed if it is postmarked within 10 business days after
						service.
(c) A hearing requested by
						the respondent shall be conducted within 90 days after the Notice of Defense is
						received by the Administrator. By stipulation, Staff and the Respondent may
						waive this provision. Staff will serve a Notice of Hearing after receipt of a
						Notice of Defense.
(d) If a Notice
						of Defense has not been filed within 10 business days after service of the
						Complaint, the Administrator shall issue an order setting liability in the
						amount proposed in the Complaint, or if the Administrator and the party have
						entered into a settlement agreement, the Administrator shall issue an order
						setting liability in the amount specified in the settlement
						agreement.
(e) If the party has not
						filed a Notice of Defense or if the Administrator and the party have entered
						into a settlement agreement, the Administrator's order shall:
(1) set the liability in the amount as
						specified in the Complaint or settlement; and
(2) shall not be subject to review by any
						court or agency.
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.2.5 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No more than 45 days prior to the date set forth in the
						  Notice of Hearing, and no later than 30 days prior to the date set forth in the
						  Notice of Hearing, either Staff or the Respondent may request production of any
						  documents that will be presented at the hearing. At the time of the request,
						  the requestor will produce copies of all documents intended to be introduced at
						  the hearing. The responding party has 20 days to produce copies of any
						  documents that will be introduced at the hearing. If a document is not
						  available to the producing party, the producing party will provide a
						  description of the document. Any document which has not been produced pursuant
						  to these procedures cannot be introduced into evidence at the hearing. These
						  provisions shall not apply to any document used to impeach a witness. The time
						  for performing the acts required under this section shall be computed as
						  provided in California Code of Civil Procedure section
						  1013.
1. New
						  section filed 5-14-2009; operative 6-13-2009 (Register 2009, No.
						  20).
Note: Authority cited: Sections
							 8670.68
							 and
							 11400.20,
							 Government Code. Reference: Sections
							 1013(a)
							 and
							 2015.5,
							 Code of Civil Procedure; and Section
							 8670.68,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.3 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Any hearing required under this subchapter shall be conducted by an independent
						hearing officer according to the procedures specified in Government Code
						Sections
						8670.68
						and
						11507 to
						11517,
						inclusive, and those statutes incorporated by reference in Section
						874.4 of this Article. Where
						conflicts occur among the above-referenced statutes, the provisions set forth
						in Government Code 8670.68 shall control.
(b) The independent hearing officer shall
						take into consideration the nature, circumstances, extent and gravity of the
						violation, including those factors set forth below, when reviewing the proposed
						penalty.
(1) the degree of the respondent's
						negligent, grossly negligent, reckless, or intentional conduct;
(2) the actual or threatened harm to the
						public health and safety or the environment;
(3) the volume of oil discharged;
(4) the respondent's past and present
						efforts, including compliance history, to prevent, abate, or clean up a
						discharge or conditions posing a threat to the public health and safety, fish
						and wildlife, or the environment;
(5) the respondent's ability to pay the
						proposed civil penalty;
(6) prior
						actions brought against the respondent pursuant to this
						subchapter.
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.4 - Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Unless inconsistent or in conflict with the governing statutes or this
						subchapter, and to the extent that they govern administrative civil penalty
						adjudication procedures, the following statutes are incorporated by reference:
(1) Definitions: Government Code Sections
						11405.10
						through
						11405.80.
(2) Governing Procedures: Government Code
						Sections
						11415.10
						through
						11415.60.
(3) Alternative Dispute Resolution:
						Government Code Sections
						11420.10
						through
						11420.30.
(4) Ex Parte Communications: Government Code
						Sections
						11430.10
						through
						11430.80.
(5) Alternative Service of Documents
						(excluding Complaint): Government Code Section
						11440.20.
(6) Hearings by Teleconference: Government
						Code Section
						11440.30.
(7) Informal Hearing Procedures: Government
						Code Sections
						11445.10
						through
						11445.60.
(8) Subpoenas: Government Code Sections
						11450.05
						through
						11450.50.
(9) Enforcement and Sanctions: Government
						Code Sections
						11455.10
						through
						11455.30.
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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.5 - Order Setting Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After conducting any hearing required
						under this subchapter, the independent hearing officer shall issue a decision,
						including an order setting the amount of civil penalty to be imposed, within 30
						days after the case is submitted.
(b) Orders setting civil liability issued
						pursuant to this section shall become effective and final upon issuance, and
						payment shall be made within 30 days of issuance.
(c) Copies of the orders shall be served by
						personal service or by certified mail upon the party served with the Complaint
						and upon other persons who appeared at the hearing and requested a
						copy.
(d) Any order for
						administrative civil penalties entered pursuant to this section shall be
						subject to interest at the legal rate (as defined in Code of Civil Procedure
						Section
						685.010)
						from the time of service of the Complaint.
1. New
						  section filed 3-13-98; operative 4-12-98 (Register 98, No.
						  11).
Note: Authority cited: Section
							 8670.68,
							 Government Code. Reference: Section
							 8670.68,
							 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 7 - Compliance › Subchapter 1 - Administrative Compliance Actions and Hearing Procedures › Article 2 - Hearing Procedures › Section 874.6 - Review of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Within 30 days after service of a copy of a decision issued by the independent
						hearing officer, a party to the action, or a person appearing at the hearing
						and served with a copy of the decision, may file a petition for writ of mandate
						for review of the decision with a court of appeal.
(1) The filing of a petition for writ of
						mandate shall not stay any corrective action required pursuant to the Act or
						the accrual of any penalties assessed pursuant to the Act and does not prohibit
						the court from granting any appropriate relief within its
						jurisdiction.
(2) Any person who
						fails to file the petition within the 30-day period may not challenge the
						reasonableness or validity of a decision or order of the independent hearing
						officer in any judicial proceedings brought to enforce the decision or order or
						for other remedies.
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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 877 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in this subchapter set forth the
						  methods for determining the amount of liquid petroleum hydrocarbons (oil)
						  recovered. These methods will be used to determine the number of gallons of
						  discharged liquid petroleum hydrocarbon that are recovered and properly
						  disposed of in accordance with applicable law. The term "disposed of" shall
						  include liquid petroleum hydrocarbon that is reprocessed, recycled, or
						  otherwise utilized as an ingredient in the manufacture of petroleum products or
						  other products.
1. New
						  chapter 7, subchapter 2, article 1 (sections
						  877-880) and section filed
						  7-23-97; operative 8-22-97 (Register 97, No.
						  30).
Note: Authority cited: Section
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 877.1 - Exception

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
						otherwise agreed to, the amount of petroleum hydrocarbons recovered shall be
						determined pursuant to Sections
						877.3,
						878,
						879 and
						880. The Responsible Party and the
						Administrator may use an alternative method to the method described in these
						sections. This alternative method shall be agreed to at the time of the
						incident and shall be included in the Incident Action Plan or as an attachment
						thereto.
(b) Not withstanding
						Section 877.1(a), the
						Administrator and Responsible Party or potentially Responsible Party shall not
						be precluded from entering into a binding agreement whereby the parties
						stipulate to the amount of oil spilled and/or recovered. Such agreement shall
						be binding on the parties for purposes of a civil penalty action.
Stipulations may be entered into where the parties
						  determine that it is in the interest of justice to do so to facilitate
						  resolution of the response.
1. New
						  section filed 7-23-97; operative 8-22-97 (Register 97, No.
						  30).
Note: Authority cited: Section
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 877.3 - Recovery of Liquid Petroleum Hydrocarbons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All material shall be collected and
						stored at locations that shall be identified and approved by the Unified
						Command as defined in Section
						790(u), Title 14,
						prior to use.
(b) A storage
						location conforming to approved methods for the storage of liquid petroleum
						hydrocarbons (LPH), which is a measured volume of recovered product or crude
						oil, shall be pre-identified and verified by the Unified Command (UC) as empty.
						If it is necessary to use a storage location that already contains LPH, water,
						or a combination of both, the type of product shall be determined and sampled
						according to API approved standards in advance and pre-gauged using API
						approved gauging methods. The petroleum hydrocarbon mixture shall be collected
						and separated. Gauge readings shall be taken until two (2) gauge readings are
						identical.
(c) The total volume of
						liquid petroleum hydrocarbons recovered shall be designated as V1.
1. New
						  section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
2.
						  Amendment of subsections (a) and (c) filed 5-14-2009; operative 6-13-2009
						  (Register 2009, No. 20).
Note: Authority cited: Section
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 878 - Sampling Analysis and Calculation of Petroleum Hydrocarbons in Contaminated Sediment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						All contaminated material shall be collected and stored at locations that shall
						be identified and approved by the Unified Command prior to use.
(b) The Unified Command, or their
						representatives, shall develop a statistically sound sampling and analysis
						plan, agreed upon by all parties, that shall be used in qualifying recovered
						petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not
						be limited to, the number of samples to be collected, the sampling methodology
						to be used, and the methods for quantifying sediment and TPH, and
						moisture.
(c) Samples shall be
						collected in pre-cleaned glass containers. Samples shall not be collected in
						plastic containers.
(d) For the TPH
						extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A,
						shall be used.
(e) For
						quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A
						by gas chromatography flame ionization detector or EPA Method 8270B shall be
						used.
(f) The following calculation
						shall be used to determine the total amount of petroleum hydrocarbons:
Vs = volume of petroleum hydrocarbons recovered in
						  contaminated sediment
Ws = total weight of sediment
Cps = concentration of petroleum hydrocarbons in
						  sediment (from TPH analysis)
Dp = density of petroleum hydrocarbon
Vs = (Ws) x (Cps) x (1/Dp)
1. New
						  section filed 7-23-97; operative 8-22-97 (Register 97, No.
						  30).
Note: Authority cited: Section
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 879 - Sorbents and Debris

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
						contaminated material shall be collected and stored at locations that shall be
						identified and approved by the Unified Command prior to use. Sorbents and
						Debris shall be segregated.
(b) The
						following methods may be used to determine the amount of recovered petroleum
						hydrocarbons:
(1) Alternative Number 1.
(A) The petroleum hydrocarbons and water
						shall be extracted using pressure or other extraction method. A water deluge
						may be used to effect this process, subsequent to approval by the Unified
						Command. The petroleum hydrocarbon mixture shall be collected and separated.
						The petroleum hydrocarbons shall be gauged using API approved gauging methods.
						Gauge readings shall be taken until two (2) gauge readings are
						identical.
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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 879.5 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 7 - Compliance › Subchapter 2 - Determining Amount of Petroleum Hydrocarbons Recovered › Article 1 - General Provisions and Definitions › Section 880 - Calculation for Total Recovery of Petroleum Hydrocarbons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The total recovery of petroleum
						hydrocarbons (Vr) shall be the sum of the total volume of petroleum
						hydrocarbons from contaminated sediment (Vs), sorbents (Vpsb), and debris
						(Vpd), and liquid petroleum hydrocarbons (V1) reported in gallons.
Vr = Vs + Vpsb + Vpd + V1
1. New
						  section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
2.
						  Change without regulatory effect amending formula filed 2-8-2007 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2007, No. 6).
Note: Authority cited: Section
							 8670.67.5,
							 Government Code. Reference: Section
							 8670.67.5,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 1 - General Provisions › Section 884 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter sets forth the requirements for the
						  licensing and use of oil spill cleanup agents (OSCA). Licensing criteria are
						  established based on the level of toxicity imposed by a given agent. The
						  protocols for using an OSCA are based on the sensitivity of the habitat in
						  which the agent may be used.
The regulations in this subchapter provide specific
						  forms that must be completed by the applicant, and require that the OSCA
						  license be renewed once every five years. Certain products will be considered
						  exempt from the licensing process, but the applicant must petition the
						  Administrator for an exemption to assure that exempted products will be
						  nontoxic in the aquatic environment.
In addition to the regulations in this subchapter, the
						  licensing process will be governed by the criteria and protocols in the
						  "Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup
						  Agents", dated 1/1/98 (Guidance Document), and herein incorporated by
						  reference. The use criteria for dispersants will be governed by the
						  requirements in this subchapter and the criteria in the "Quick Approval Process
						  for Dispersant Use in Waters Off California", dated 4/14/97, and herein
						  incorporated by reference.
1. New
						  chapter 8, subchapter 1, article 1 (sections
						  884-884.5) and section heading
						  filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. New section filed 7-28-98; operative
						  8-27-98 (Register 98, No 31).
Note: Authority cited: Section
							 8670.13.1,
							 Government Code. Reference: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.1 - Applicability and Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any OSCA applied in or on state waters
						must be licensed by the Administrator unless otherwise exempted, or being used
						in an expedited testing situation as specified in this Section.
(b) Exemptions to the license requirement:
(1) a manufacturer may request an exemption
						from the licensing requirements for the following agents and substances;
(A) substances such as sorbents and other
						cleanup devices that do not employ the use of active chemical cleanup agents;
						or
(B) substances that do not to
						cause aquatic toxicity when used for purposes of oil spill
						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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.2 - Exemption, License and Renewal Applications and Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Exemption Petition, (form #1958, as found
						in the Guidance Document):
(1) a manufacturer
						must petition for an exemption to the licensing process for any product that
						might be used in response to an oil spill that could be considered exempt under
						section 885.1.
(A) the following materials will
						automatically be considered exempt, though the manufacturer must still submit
						an exemption request form in order to establish the product as available for
						use in California;
1. cellulose fibers, other
						than peat moss or products derived from peat moss,
2. vermiculite or zeolite,
3. polypropolene,
4. polyethylene,
5. polyurethane,
6. polyester.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.3 - Revoking a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						Administrator may revoke a license for the following reasons:
(1) the OSCA does not perform as expected
						when applied to spilled oil;
(2)
						the formulation of the OSCA is changed;
(3) information becomes available that
						demonstrates that the OSCA is more toxic than previously determined, or has
						adverse effects in the aquatic environment not previously known or
						anticipated;
(4) information on the
						license or renewal applications is found to be incorrect, incomplete or
						inaccurate.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.4 - Accuracy of Information and Notification of Changes in Formulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant
						is responsible for the accuracy, completeness and timely update of all the
						information submitted in connection with the application to license an OSCA,
						and all the information stated on the product container label. An update to the
						application shall be considered timely if it is submitted before the
						application process is completed, and approval/denial determined. If an update
						is submitted, the application process timelines will recommence with receipt of
						the updated material.
(b) If any of
						the information on an application is found to be incorrect or inaccurate, the
						application shall be denied, or the license revoked if already
						issued.
(c) Prior to any change in
						the formulation of an approved product, the applicant shall notify the
						Administrator in writing and shall obtain specific approval of the change
						before the OSCA may be used to remove, clean up or otherwise treat oil in
						California waters.
(1) The Administrator may
						require a new application if there is a significant change in the OSCA
						formulation. A significant change is one that would alter the allowable use or
						the recommended application parameters, as specified in Article 3 of this
						subchapter.
(2) Failure to provide
						notification of a change in formulation is cause for the Administrator to
						revoke the OSCA license.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.5 - Testing Required for Licensing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensing an OSCA is subject to
						successful screening through:
(1)
						standardized efficacy tests;
(2)
						standardized toxicity tests;
(3)
						such other tests as deemed necessary by the Administrator in order to determine
						the efficacy, toxicity or appropriate use of the OSCA.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.6 - Efficacy and Toxicity Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each OSCA to be considered for licensing by the
						  Administrator shall comply with the following efficacy and toxicity
						  criteria:
(a) the OSCA must have a
						flash point of 170 degrees Fahrenheit or greater;
(b) the hydrogen ion activity of a liquid
						OSCA that is water soluble, as applied to the water surface must be 6.5 to 8.5
						pH units;
(c) the heavy metal and
						chlorinated hydrogen content must not be greater than the following
						concentration(s) in parts per million or milligrams per liter of product:
(1) Mercury - 0.005, Cadmium - 0.01, Lead -
						0.05,
(2) total identifiable
						chlorinated hydrocarbon - 0.05.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.7 - Issuing a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						license shall be issued to the OSCA manufacturer (applicant) on a registered
						trademark-name basis when the following conditions are met:
(1) a completed application has been
						submitted to the Administrator along with the appropriate fee; and
(2) the applicant has conducted the
						standardized efficacy and toxicity tests, as well as any other relevant tests
						or requirements prescribed by the Administrator, and provided in this
						subchapter; and
(3) the results of
						the required tests have been submitted to the Administrator; and
(4) the applicant has submitted any
						additional information as requested by the Administrator to substantiate the
						test data; and
(5) the results of
						these required tests and any additional, substantiating data meet the efficacy
						and toxicity criteria established in this Article.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.8 - OSCA Labeling Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each OSCA must have a plainly printed label attached to
						  the container that states at least the following:
(a) the name, brand, and trademark, if any,
						under which the OSCA is sold;
(b)
						the name and address of the manufacturer, importer, or vendor;
(c) special handling, storage, or worker
						safety precautions;
(d) the
						product's flash point and freezing point, if applicable for the type of
						product;
(e) recommended
						application procedure(s), concentration(s), and conditions for use as regards
						to water salinity, water temperature, and the types and ages of oils on which
						it may be used;
(f) the shelf life,
						or expiration date of the product.
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Repealer of former section
						  885.8, and renumbering of former
						  section 885.9 to new section
						  885.8, including amendment of
						  section and NOTE, filed 7-28-98; operative 8-27-98 (Register 98, No
						  31).
Note: Authority: Section
							 8670.13.1,
							 Government Code. Reference: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.9 - Legal Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Obtaining a license for an OSCA does not waive any
						  other legal responsibilities of the manufacturer or user of an
						  OSCA.
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Renumbering of former section
						  885.9 to new section
						  885.8, and renumbering of former
						  section 885.10 to new section
						  885.9, including amendment of
						  NOTE, filed 7-28-98; operative 8-27-98 (Register 98, No
						  31).
Note: Authority: Section
							 8670.13.1,
							 Government Code. Reference: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 2 - Licensing Oil Spill Cleanup Agents › Section 885.10 - Legal Responsibility. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Renumbering of former section
						  885.10 to new section
						  885.9 filed 7-28-98; operative
						  8-27-98 (Register 98, No 31).
Note: Authority: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 Government Code. Reference: Section
							 8670.13.2,
							 Government Code; Section
							 13169, Water
							 Code; and California Code of Regulations, Section
							 2318.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.1 - Requirements for the Use of a Licensed OSCA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The use, or expedited testing of an OSCA
						in response to an oil spill shall be subject to the approval of the
						Administrator and the Regional Response Team (RRT), and done in compliance with
						the provisions of this subchapter. An OSCA may be used without obtaining the
						concurrence of the RRT if the OSCA has been listed in a preauthorization plan
						of the applicable Area Contingency Plan (ACP). Such listing shall have been
						done in accordance with the provisions of
						40 CFR
						300, Subpart J, as follows:
(1) the RRT representative from the
						Environmental Protection Agency (EPA) and the state of California, and the
						Department of Commerce (DOC) and Department of Interior (DOI) natural resources
						trustees shall review and either approve, disapprove, or approve with
						modification the preauthorization plans of the Area Committees;
(2) the preauthorization plan of the
						appropriate ACP must address the specific contexts in which the specified
						products should and should not be used;
(3) the OSCA must then be used in a situation
						the same as or similar to the context described in the ACP.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.2 - Use of an OSCA Prior to Licensing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No OSCA shall be used prior to licensing unless exempt
						  form the licensing requirements, or if used on an expedited testing basis.
						  Expedited testing use shall be in accordance with the provisions of Article 2
						  of this subchapter.
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Renumbering of former section
						  886.2 to new section
						  886.1, and renumbering of former
						  section 886.3 to new section
						  886.2, including amendment of
						  section and NOTE, filed 7-28-98; operative 8-27-98 (Register 98, No
						  31).
Note: Authority: Section
							 8670.13.1,
							 Government Code. Reference: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.3 - OSCA Endorsement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensing or permission to use a particular type of
						  OSCA shall not be considered an endorsement of any product by the Administrator
						  or the Department of Fish and Game.
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Renumbering of former section
						  886.3 to new section
						  886.2, and renumbering of former
						  section 886.6 to new section
						  886.3, including amendment of
						  section and NOTE, filed 7-28-98; operative 8-27-98 (Register 98, No
						  31).
Note: Authority: Section
							 8670.13.1,
							 Government Code. Reference: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.4 - 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, Government
						  Code, beginning with Section
						  8670.57.
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Repealer and new section filed 7-28-98;
						  operative 8-27-98 (Register 98, No 31).
Note: Authority: Section
							 8670.13.1,
							 Government Code. Reference: Article 9, beginning with Section
							 8670.57,
							 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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.5 - Experimental Use of an OSCA. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Repealer filed 7-28-98; operative 8-27-98
						  (Register 98, No 31).
Note: Authority: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 Government Code. Reference: Section
							 8670.13.2,
							 Government Code; Section
							 13169, Water
							 Code; and California Code of Regulations, Section
							 2335.
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 8 - Response Technology › Subchapter 1 - Licensing and Use of Oil Spill Cleanup Agents › Article 3 - Use of Oil Spill Cleanup Agents › Section 886.6 - OSCA Endorsement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-31-96; operative 12-31-96 pursuant to Government Code section
						  11343.4(d).
						  Submitted to OAL for printing only pursuant to Government Code section
						  8670.13.2
						  (Register 97, No. 1).
2. Renumbering of former section
						  886.6 to new section
						  886.3 filed 7-28-98; operative
						  8-27-98 (Register 98, No 31).
Note: Authority: Sections
							 8670.13.1
							 and
							 8670.13.2,
							 Government Code. Reference: Section
							 8670.13.2,
							 Government Code; Section
							 13169, Water
							 Code; and California Code of Regulations, Section
							 2336.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 1.5 - Timber Harvesting Plans › Article 1 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  1.5 (Sections
				  891.1-897.1, not consecutive)
				  filed 3-4-75 as an emergency; designated effective 3-5-75 (Register 75, No.
				  10).
2. Repealer of Chapter 1.5 (Sections
				  891.1-897.1, not consecutive and
				  Appendix A) and new Chapter 1.5 (Sections
				  890-898) filed 7-2-75 as an
				  emergency; effective upon filing. Certificate of Compliance included (Register
				  75, No. 27).
3. Repealer of Chapter 1.5 (Sections
				  890-898, not consecutive) filed
				  8-25-75 as an emergency; designated effective 9-1-75 (Register 75, No.
				  35).
4. Certificate of Compliance filed 10-9-75 (Register 75, No.
				  41).
5. Reprinting of NOTE and History inadvertently omitted during
				  printing process (Register 80, No. 24).
6. Editorial correction
				  (Register 80, No. 31).
Note: Authority cited: section
					 11152, Government code. Reference:
					 sections 4511-4517; 4551; 4581-4592, Public
					 Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 3.5 - General Forest Policies for California [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				3.5 (Article 1, Section
				846) filed 6-17-80; effective
				thirtieth day thereafter (Register 80, No. 25).
2. Repealer of
				Chapter 3.5 (Section
				846) filed 6-16-83; effective
				thirtieth day thereafter (Register 83, No. 25).
Note: Authority cited: Section
				  740,
				  Public Resources Code. Reference: Sections
				  740
				  and
				  742,
				  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 2 - Application of Forest Practice Rules › Article 1 - Introduction › Section 896 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
					 the Forest Practice Rules is to implement the provisions of the Z'berg-Nejedly
					 Forest Practice Act of 1973 in a manner consistent with other laws, including
					 but not limited to, the Timberland Productivity Act of 1982, the California
					 Environmental Quality Act (CEQA) of 1970, the Porter Cologne Water Quality Act,
					 and the California Endangered Species Act. The provisions of these Rules shall
					 be followed by Registered Professional Foresters (RPF's) in preparing Timber
					 Harvesting Plans, and by the Director in reviewing such Plans to achieve the
					 policies of the Act as described in §§
											4512,
					 4513,
					 21000,
					 21001,
					 and
					 21002
					 of the Public Resources Code (PRC), and §§
											51101,
					 51102 and
					 51115.1 of
					 the Government Code.
It is the Board's intent that no THP shall be approved
						which fails to adopt Feasible mitigation measures or alternatives from the
						range of measures set out or provided for in these Rules which would
						substantially lessen or avoid significant adverse impacts which the activity
						may have on the environment. The THP process substitutes for the EIR process
						under CEQA because the timber harvesting regulatory program has been certified
						pursuant to PRC §
												21080.5.
						In recognition of that certification and PRC §
												4582.75,
						these Rules are intended to provide the exclusive criteria for reviewing THPs.
						If the Director believes that there are significant adverse environmental
						impacts not covered in existing Rules, matters should be referred to the Board
						as otherwise specified in these Rules.
(b) The provisions of this subchapter shall
					 be applied in all forest Districts.
1. New
						subchapter 2 (sections
						896-903.2) filed 1-20-78 as an
						emergency; effective upon filing. Certificate of Compliance included (Register
						78, No. 3).
2. New NOTE filed 5-19-78 as procedural and
						organizational; designated effective 7-6-78 (Register 78, No.
						20).
3. Amendment of subsection (a) and NOTE filed 8-26-91;
						operative 8-26-91 pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 20).
4. Change without regulatory effect amending
						section filed 7-26-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 30).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4582.75
						  and
						  21080.5,
						  Public Resources Code; Sections
						  51101 and
						  51102,
						  Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246
						  Cal.Rptr. 82.