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 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 826.06 - Compliance Requirements/Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in Subsection
					 827.01(b) of this
					 subchapter, any nontank vessel subject to the provisions of this subchapter
					 that enters marine waters without an approved contingency plan required by this
					 subchapter or a certificate of financial responsibility issued by the
					 Administrator shall be subject to an administrative civil penalty of up to one
					 hundred thousand dollars ($100,000). The Administrator shall assess the civil
					 penalty against the owner or operator of the nontank vessel. Each day the
					 owner/operator of such a nontank vessel is in violation shall be considered a
					 separate violation.
(b) Except as
					 provided in Subsection
					 827.01(b) of this
					 subchapter, any nontank vessel owner/operator who knowingly and intentionally
					 has the nontank vessel enter marine waters without an approved contingency plan
					 required by this subchapter or a certificate of financial responsibility issued
					 by the Administrator is guilty of a misdemeanor punishable by up to one year of
					 imprisonment in the county jail, or by a fine of up to ten thousand dollars
					 ($10,000), or by both the imprisonment and a fine. Each day the owner/operator
					 of such a nontank vessel is in knowing and intentional violation shall be
					 considered a separate violation.
1. New
						section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section
						11343.4
						(Register 99, No. 53).
2. Amendment of NOTE filed 3-20-2007;
						operative 5-1-2007 (Register 2007, No. 12).
Note: Authority cited: Sections
						  8670.28,
						  8670.29
						  and
						  8670.57,
						  Government Code. Reference: Sections
						  8670.28
						  and
						  8670.29,
						  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 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 827 - Nontank Vessel Contingency Plans. [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 3 - Oil Spill Prevention and Response Planning › Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels › Section 827.01 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Plans:
Unless nontank vessels are exempt as provided in
						Subsection (b) below, oil spill contingency plans shall be prepared, submitted
						and used pursuant to the requirements of this subchapter by all nontank
						vessels, 300 gross tons or greater, which transit in marine waters (as defined
						in Section
						825.05 of this
						subchapter).
(b) Exemptions:
(1) Contingency plans are not required for
					 non-self propelled nontank vessels that do not carry any oil.
(2) This subchapter shall not apply to a
					 nontank vessel that enters marine waters because of imminent danger to the
					 crew, or in an effort to prevent an oil spill or other harm to public safety or
					 the environment. This exemption applies if the following are met:
(A) the operator and crew comply with all
					 orders given by the Administrator or his/her designee, unless the orders are
					 contradicted by orders from the U.S. Coast Guard;
(B) the nontank vessel shall leave marine
					 waters as soon as it is safe to do so, unless a contingency plan is approved or
					 made applicable to its operation.
(3) Response Vessels
Contingency plans are not required for dedicated response
						vessels, which are those vessels that are dedicated to conducting response
						activities for an oil spill incident exclusively.
(4) Innocent Passage
Contingency plans are not required for nontank vessels
						engaged in innocent passage (as defined in Section
						825.05 of this subchapter) within
						marine waters.
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 5 - Spill Management Team Certification › Section 830.1 - Purpose, Scope, and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose & Scope
(1) This subchapter describes the
					 certification requirements for spill management teams, as defined in section
					 790, that shall be identified in
					 oil spill contingency plans required pursuant to this chapter.
(2) A vessel or facility owner or operator
					 who is required to submit an oil spill contingency plan pursuant to subchapter
					 3 or 4 of this chapter shall identify and ensure by contract or other approved
					 means the availability of a certified spill management team that is capable of
					 managing a response effort for a spill of the reasonable worst-case volume
					 within each geographic region in which the plan holder operates. A plan holder
					 may identify a single spill management team that is capable of responding in
					 all geographic regions in which the plan holder operates.
(3) A plan holder may assemble a certified
					 spill management team from personnel employed by the plan holder or by persons
					 affiliated with the plan holder, from contracted personnel, or through a
					 combination thereof.
(4) The
					 standards set forth in this subchapter may not reflect the exigencies of actual
					 spill response. However, these are the minimum planning standards required to
					 establish and verify a spill management team's capability. The owner or
					 operator of a vessel or facility is ultimately responsible for addressing the
					 spill management team's capabilities required for an exercise or 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 3 - Oil Spill Prevention and Response Planning › Subchapter 5 - Spill Management Team Certification › Section 830.2 - Certification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 To receive full certification, a person shall:
(1) Submit a completed application for
					 certification as described in section
					 830.7;
(2) Demonstrate the ability to meet the
					 on-scene requirements described in section
					 830.4;
(3) Fulfill the training and experience
					 requirements described in section
					 830.5; and
(4) Participate in and successfully
					 accomplish all exercise objectives described in section
					 830.6.
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 5 - Spill Management Team Certification › Section 830.3 - Spill Management Team Classifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrator will issue
					 certification in one or more of three tiered classifications. The tier
					 classifications specify the minimum personnel for staffing the incident command
					 structure, the hour by which they shall be able to arrive on-scene, and
					 training requirements, as described in this subchapter.
(b) The spill management team shall request
					 certification for each geographic region, as defined in section
					 790, in which the spill management
					 team intends to provide services in accordance with its tier
					 classification.
(c) Spill
					 Management Team Tier Classifications. The three spill management team tiers are
					 based on the reasonable worst-case spill volumes listed in contingency plans
					 for which services are provided.
(1) Tier I
					 spill management teams are those which provide services for:
(A) Facilities with a reasonable worst-case
					 spill volume of 1,000 barrels or more that may impact inland waters;
					 or
(B) Facilities or vessels with a
					 reasonable worst-case spill volume of 600 barrels or more that may impact
					 marine waters.
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 5 - Spill Management Team Certification › Section 830.4 - On-Scene Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The minimum on-scene requirements for spill management team certification are
					 as follows:
(1) Tier I On-Scene Requirements.
(A) Tier I Initial Response Personnel. Spill
					 management teams shall identify at least four initial response personnel, as
					 defined in section
					 790 of chapter 1 of this
					 subdivision, who:
1. Can arrive at the
					 initial incident command post or incident location within eight hours of being
					 activated for a spill.
2. Can
					 perform the positions of Incident Commander, Safety Officer, Operations Section
					 Chief, plus one additional incident command system position, for at least 24
					 hours.
3. Have the training
					 described in subsections
					 830.5(d), (e) and
					 (f).
4. Will bring equipment necessary to perform
					 their incident command system positions (e.g., computers, communications
					 equipment, etc.).
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 5 - Spill Management Team Certification › Section 830.5 - Training and Experience Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
					 Required courses listed in this section shall be those offered by the Federal
					 Emergency Management Agency or the United States Coast Guard, or equivalent
					 courses. Equivalent courses shall deliver the same learning objectives, over
					 the same number of hours as the courses described in the Federal Emergency
					 Management Agency's National Preparedness Course Catalog (7/1/21) or the United
					 States Coast Guard's Incident Command System Training Guide (1/29/16),
					 incorporated by reference herein.
(2) Equivalent courses for the
					 position-specific courses listed in subsections (j) and (k) of this section
					 shall be conducted in-person or led virtually by an
					 instructor.
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 5 - Spill Management Team Certification › Section 830.6 - Exercise Objectives Required for Full Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A spill management team issued an interim
					 certification shall secure a full certification by successfully completing all
					 the objectives described in subsection (b) of this section at a single spill or
					 a single certification exercise in California. A certification exercise shall
					 simulate a response to a spill or an imminently threatened spill of a volume
					 that is equal to or greater than the largest reasonable worst-case spill volume
					 listed in a contingency plan for which the spill management team will provide
					 services. The simulated volume shall be consistent with the tier certification
					 sought, as described in subsection
					 830.3(c). For a
					 Tier I certification exercise, the simulated volume need not be larger than
					 31,250 barrels. The criteria for certification based on a spill response are
					 described in (2) below.
(1) If the objectives
					 will be achieved at an exercise, the exercise shall be scheduled by the means
					 described in either (A) or (B) below:
(A)
					 Objectives may be achieved at an announced exercise of an approved contingency
					 plan scheduled in accordance with the Office of Spill Prevention and Response's
					 Drills and Exercises program, as described in section
					 820.1 of subchapter 3.6. Spill
					 management teams taking this approach shall indicate the "spill management team
					 certification exercise" option on the corresponding Drills and Exercises
					 Notification form DFW 1954 (03/24/21), incorporated by reference herein. The
					 Administrator shall be given at least 60 calendar days' notice of the exercise
					 chosen.
(B) If a spill management
					 team chooses to achieve the objectives at an exercise that is not part of the
					 Office of Spill Prevention and Response's Drills and Exercises program, the
					 spill management team shall contact the Office of Spill Prevention and Response
					 at OSPRSMT@wildlife.ca.gov to design and schedule a certification
					 exercise.
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 5 - Spill Management Team Certification › Section 830.7 - Application Submission and Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
					 Each person or affiliated person who intends to provide spill management team
					 personnel to a plan holder shall be certified by the Administrator. This
					 includes a plan holder's own personnel, personnel from persons affiliated with
					 the plan holder, and contracted persons that provide spill management team
					 services to plan holders. A plan holder may use a combination of its own
					 employees, affiliated persons, and contracted spill management personnel to
					 meet planning requirements, as stated in subsection
					 830.1(a)(3).
(2) To receive a certification, a completed
					 application shall be submitted to the Administrator using either an Application
					 for Certification of Plan Holder Spill Management Team form DFW 1005 (new
					 11/12/20) or an Application for Certification of External Spill Management Team
					 form DFW 1006 (new 07/13/20). These forms shall collectively be referred to as
					 applications and are incorporated by reference herein. If a plan holder relies
					 partially or entirely on a contracted spill management team, the plan holder
					 shall still submit an application form DFW 1005, indicating this.
(3) The application forms may be obtained
					 directly from the Administrator or the website of the Office of Spill
					 Prevention and Response. Applications shall be delivered by mail or e-mail to
					 the following:
DEPARTMENT OF FISH AND WILDLIFE
OFFICE OF SPILL PREVENTION AND RESPONSE
ATTN: PREPAREDNESS BRANCH
P.O. BOX 944209
SACRAMENTO, CA 94244-2090
EMAIL: OSPRSMT@WILDLIFE.CA.GOV
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 5 - Spill Management Team Certification › Section 830.8 - Certification Revision Requests, Renewals, and Updates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Revisions.
(1) A plan holder and any person or
					 affiliated person who provides personnel to a plan holder certified spill
					 management team may request a revision to a certification for the geographic
					 region(s), tier, or number of initial or cascading response positions for which
					 the spill management team is certified.
(2) A plan holder requesting revision of its
					 spill management team certification shall submit a completed Application for
					 Certification of Plan Holder Spill Management Team form DFW 1005 (new 11/12/20)
					 indicating the "Revision" option. Any person or affiliated person who provides
					 personnel to a plan holder certified spill management team requesting revision
					 of its certification shall submit a completed Application for Certification of
					 External Spill Management Team form DFW 1006 (new 07/13/20) indicating the
					 "Revision" option.
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 5 - Spill Management Team Certification › Section 830.9 - Significant Change in Spill Management Team Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A plan holder and any person or
					 affiliated person who provides personnel to a plan holder certified spill
					 management team shall notify the Administrator of any reasonably foreseeable
					 significant change 15 calendar days in advance of the change. The notice shall
					 be submitted by mail or e-mail, or it may be verbal if followed by a written
					 notice as soon as possible. If the significant change is unforeseen, verbal
					 notice shall be given immediately after becoming aware of such change. The
					 notice shall detail the means by which the certified spill management team will
					 address the change to maintain the spill management team's
					 certification.
(b) A significant
					 change may result in a modification, suspension, or revocation of the
					 certification, pursuant to section
					 830.10, or the need to submit a
					 revised application pursuant to section
					 830.8.
(c) For purposes of this subchapter, a
					 significant change includes, but is not limited to, a change in ownership; a
					 change that would diminish a certified spill management team's ability to
					 respond or perform consistent with the tier requirements described in sections
					 830.4 through
					 830.6 for which it has been
					 certified; a change or reduction in incident command system position
					 capability; or inability of personnel to arrive on-scene within specified time
					 frames.
(d) For non-significant
					 changes, see subsection
					 830.8(c).
1. New
						section filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing
						deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive order N-71-20. Transmission deadline
						specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-71-20.)
Note: Authority cited: Sections
						  8670.5,
						  8670.7,
						  8670.29
						  and
						  8670.32,
						  Government Code. Reference: Sections
						  8670.10,
						  8670.28,
						  8670.29
						  and
						  8670.32,
						  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 5 - Spill Management Team Certification › Section 830.10 - Certification Modification, Suspension, or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Criteria for Modification, Suspension, or
					 Revocation.
(1) Criteria for modification. The
					 Administrator may modify a certification at any time if the certified spill
					 management team does not meet the tier requirements for which certification was
					 granted. Situations that may cause a modification include, but are not limited
					 to, a failure to meet the objectives of an announced or unannounced exercise,
					 failure to perform certified spill management team services at a spill, or a
					 significant change as described in section
					 830.9. The certified spill
					 management team shall only provide services consistent with the modified
					 certification.
(2) Criteria for
					 suspension. The Administrator may suspend a certification at any time if the
					 certified spill management team does not meet the tier requirements for which
					 the certification was granted. Situations that may cause a suspension include,
					 but are not limited to, self-initiated stoppage of services, bankruptcy,
					 natural disaster, or a situation beyond the control of the certified spill
					 management team that prohibits it from providing the certified services. A
					 certified spill management team with a suspended certification cannot be relied
					 upon by a plan holder for the suspended services until either the suspension is
					 lifted or the certification is modified.
(3) Criteria for revocation. The
					 Administrator may revoke a certification based on a determination that the
					 certified spill management team is not capable of meeting the requirements
					 found within this subchapter. Criteria that shall factor into the
					 Administrator's decision to revoke include, but are not limited to, multiple
					 certification modifications or suspensions, or persistent, unsatisfactory
					 performance at exercises or actual spills.
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 5 - Spill Management Team Certification › Section 830.11 - Reconsideration and Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for Reconsideration.
A plan holder and any person or affiliated person who
						provides personnel to a plan holder certified spill management team may request
						reconsideration of an exercise report and any noted deficiencies, modification,
						suspension, or revocation of a certification, or a denial of its application by
						following the process described in section
						790.5 of chapter
						1.
1. New
						section filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing
						deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive order N-71-20. Transmission deadline
						specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-71-20.)
2. Amendment
						of subsection (a) and repealer of subsections (a)(1)-(b)(2)(B) filed 7-5-2022;
						operative 10-1-2022 (Register 2022, No. 27).
Note: Authority cited: Sections
						  8670.5,
						  8670.7,
						  8670.29
						  and
						  8670.32,
						  Government Code. Reference: Sections
						  8670.10,
						  8670.28,
						  8670.29
						  and
						  8670.32,
						  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 6 - Oil Transfer and Vessel Operations › Article 1 - General Requirements › Section 840 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter shall be known and may be cited as the
						  Department of Fish and Game, Office of Spill Prevention and Response, Oil
						  Transfer and Vessel Operation Regulations.
1. New
						  subchapter 4, article 1 and section filed 2-18-94 as an emergency; operative
						  2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted
						  to OAL by 6-20-94 or emergency language will be repealed by operation of law on
						  the following day.
2. Certificate of Compliance as to 2-18-94 order
						  transmitted to OAL 5-27-94 with amendment of subchapter heading and NOTE and
						  filed 7-12-94 (Register 94, No. 28).
3. Change without regulatory
						  effect amending subchapter 6 heading filed 7-12-95 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 95, No. 28).
4. Amendment filed 8-13-2002;
						  operative 9-12-2002 (Register 2002, No. 33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Sections
							 8670.2,
							 8670.7 and
							 8670.17,
							 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 6 - Oil Transfer and Vessel Operations › Article 1 - General Requirements › Section 840.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
						of this subchapter shall apply to:
(1) all oil
						transfer operations other than internal vessel transfers regardless of the
						quantity being transferred, conducted within California marine waters, or a
						shore-based transfer where a spill could impact California marine waters,
						except as noted in (b) below; and
(2) all drydock associated oil transfers
						including, but not limited to, oil transfers to or from a tank vessel or
						nontank vessel in drydock; oil transfers to or from tanks (portable and/or
						fixed) within the drydock; and oil transfers to or from the drydock;
						and
(3) all vessels engaged in oil
						transfer operations. For the purpose of this subchapter, "vessel" is not
						limited to the definition in Chapter 1, Section
						790, of this subdivision and
						includes tank vessels and nontank vessels.
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 6 - Oil Transfer and Vessel Operations › Article 1 - General Requirements › Section 840.2 - Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Staff shall
						administer this subchapter and shall thereby seek to provide for the following:
(1) the prevention and elimination of any
						contamination or pollution of the ocean and tidelands,
(2) the prevention and elimination of waste
						from the marine waters,
(3) the
						conservation of natural resources,
(4) the protection of human health and
						safety, and
(5) the protection of
						the environment.
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 6 - Oil Transfer and Vessel Operations › Article 1 - General Requirements › Section 841 - 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) "#1 and #2 Grade Oils",
						for the purpose of this subchapter, means oils with an API gravity of 35 to 40
						and are primarily intended for use in internal combustion engines that use
						compression for ignition, or used in turbine engines, or used as a heating
						oil.
(b) "Boom", for the purpose of
						this subchapter, means flotation boom or other effective barrier containment
						material suitable for containment of oil that is discharged onto the surface of
						the water.
(c)
"
Person in charge
"
means that person as
						defined in 33 CFR
						154.105.
(d) "Receiving Unit" means any tank vessel,
						nontank vessel or marine facility which is not a marine terminal, which
						receives oil during an oil transfer operation.
(e) "Small marine fueling facility" means
						either of the following:
(A) a mobile
						transfer unit, or
(B) a fixed
						facility that is not a marine terminal, which dispenses primarily nonpersistent
						oil, and may dispense small amounts of persistent oil, primarily to small
						craft, and meets all of the following criteria:
(1) has tank storage capacity not exceeding
						40,000 gallons in any single storage tank or storage tank
						compartment.
(2) has total usable
						tank storage capacity not exceeding 75,000 gallons.
(3) had an annual throughput volume of
						over-the-water transfers of oil that did not exceed 3,000,000 gallons during
						the most recent preceding 12-month period.
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 6 - Oil Transfer and Vessel Operations › Article 1 - General Requirements › Section 842 - Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Unless found to conflict with regulations of this subchapter, and to the extent
						that they govern the transportation or transfer of oil, the following
						regulations promulgated by the United States Coast Guard are incorporated by
						reference:
(1) 33 Code of Federal Regulations
						(CFR) Part 151, Vessels Carrying Oil, Noxious Liquid Substances, Garbage,
						Municipal or Commercial Waste, and Ballast Water.
(2) 33 CFR Part 154 , Facilities Transferring
						Oil or Hazardous Material in Bulk.
(3) 33 CFR Part 155 , Oil or Hazardous
						Material Pollution Prevention Regulations for Vessels.
(4) 33 CFR Part 156 , Oil and Hazardous
						Material Transfer Operations.
(5)
						46 CFR Part 34 , Firefighting Equipment.
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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person may
						conduct an oil transfer operation unless the equipment, personnel and operating
						procedures meet the requirements of this subchapter.
(b) Any transfer operation which does not
						meet the requirements of Subsection (a) of this section may be subject to a
						shutdown of operations. An order issued by the Staff to terminate an oil
						transfer operation is an order of the Administrator and failure to comply
						constitutes a violation of Article 9 of the Government Code (commencing with
						Section 8670.57 et seq.).
(c) The Administrator may grant an exemption
						or partial exemption from compliance with any requirement in this subchapter if
						the following conditions are met:
(1) An
						owner or operator submits a written request for an exemption to the
						Administrator at least 30 days before operation under the exemption is
						proposed, unless the Administrator authorizes a shorter time period;
						and
(2) It is determined from the
						request that:
(A) compliance with a specific
						requirement is economically or physically impractical;
(B) no alternative procedure, method, or
						equipment standard exists that would provide an equivalent level of protection
						from pollution by oil; and
(C) the
						likelihood of oil being discharged as a result of the exemption is
						minimal.
(3) If
						requested, the applicant must submit any appropriate information to
						substantiate the request for an exemption. Such information may include an
						environmental and economic assessment of the effects of and the reasons for the
						exemption, and any proposed procedures, methods or equipment standards to be
						followed in lieu of those required. The Administrator may consider any
						exemption or partial exemption from compliance with any requirement in the
						Federal regulations granted by the Commandant of the U.S. Coast
						Guard;
(4) The exemption may
						specify the procedures, methods, or equipment standards that will
						apply;
(5) An exemption will be
						granted or denied in writing. The decision of the Administrator will be
						rendered within 10 calendar days of receipt of the request and is the final
						agency action.
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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.1 - Persons in Charge: Designation and Qualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate "person in charge" must be
						designated for the oil transfer operations of the transfer unit and for the oil
						transfer operations of the receiving unit.
(b) No person may serve as person in charge
						of oil transfer operations unless:
(1) the
						person in charge meets the requirements set forth in
						33 CFR
						154.710,
						33 CFR
						155.710 and
						156.115, whichever is
						appropriate.
(2) the person in
						charge has been designated in writing in accordance with
						33 CFR
						155.820 as set forth in
						33 CFR
						154.730, and
						33 CFR
						155.715.
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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.2 - Compliance with Oil Transfer Procedures or Operations Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The operator of each vessel required by
						33 CFR
						155.720 to have oil transfer procedures shall
						ensure that such procedures are current and shall require vessel personnel to
						use the oil transfer procedures during each oil transfer operation.
(b) The operator of each marine facility
						required by 33 CFR
						154.300 to have an operations manual shall
						ensure that the manual's procedures are current and shall require facility
						personnel to use the operations manual during each oil transfer
						operation.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of NOTE and filed 7-12-94 (Register 94, No.
						  28).
3. Amendment of section heading, section and NOTE filed
						  8-13-2002; operative 9-12-2002 (Register 2002, No.
						  33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Sections
							 8670.2 and
							 8670.14,
							 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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.3 - Availability of Oil Transfer Procedures or Operations Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The written oil transfer procedures or operations
						  manual must be:
(a) available for
						inspection by Staff whenever the transfer unit is conducting an oil transfer
						operation;
(b) legibly printed in
						English and any other language or languages used primarily by personnel engaged
						in the oil transfer operation; and
(c) permanently posted or available at the
						site of transfer where the procedures can be easily seen and used by members of
						the crew when engaged in oil transfer operations.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of NOTE and filed 7-12-94 (Register 94, No.
						  28).
3. Amendment of section heading and section filed 8-13-2002;
						  operative 9-12-2002 (Register 2002, No. 33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Sections
							 8670.2 and
							 8670.14,
							 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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.4 - Contents of the Oil Transfer Procedures or Operations Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The oil transfer procedures or operations manual must
						  contain, either in the order listed or by use of a cross-reference index page,
						  all of the following as appropriate:
(a) a list of each product transferred to or
						from the vessel or marine facility;
(b) a description of each oil transfer system
						on the vessel or marine facility including:
(1) a line diagram of the vessel's or marine
						facility's oil transfer piping, including the location of each valve, pump,
						control device, vent, and overflow;
(2) the location of the shutoff valve or
						other isolation device that separates any bilge or ballast system from the oil
						transfer system;
(3) a description
						of and procedures for emptying the discharge containment
						system;
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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.5 - Draining Oil

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person may intentionally drain oil or oily waste
						  from any source into the bilge of any vessel. For purposes of this section,
						  "bilge" does not mean a slop tank as described in
						  33 CFR
						  157.15, or an oily residue tank as described
						  in 33 CFR
						  157.17.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94,
						  No. 28).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Section
							 8670.2 and
							 8670.14,
							 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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.6 - Emergency Shutdown

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						vessel carrying oil, with an oil capacity of 250 or more barrels, must have on
						board an operable means for emergency shutdown that would enable the person in
						charge of an oil transfer operation to stop the flow of oil to another vessel,
						or within the vessel itself, within 30 seconds.
(b) A small marine fueling facility must have
						an operable means for emergency shutdown that would enable the person in charge
						of the oil transfer operation to stop the flow of oil to a vessel.
(c) The means required in paragraphs (a) and
						(b) of this section may be a pump control, a quick-acting, power actuated
						valve, or an operating procedure. If an emergency pump control is used, it must
						stop the flow or back flow of oil if the oil could siphon through the stopped
						pump.
(d) The means required in
						paragraph (a) of this section must be operable from the cargo deck, cargo
						control room, or the usual operating station of the person in charge of the oil
						transfer operation.
(e) The means
						required in paragraphs (a) and (b) of this section must be operable from a
						location that is accessible to the person in charge.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of NOTE and filed 7-12-94 (Register 94, No.
						  28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register
						  2002, No. 33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Sections
							 8670.2 and
							 8670.14,
							 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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.7 - Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During oil
						transfers, the transfer unit and receiving unit must have continuous two-way
						voice communication between the persons in charge of the transfer operations on
						both the transfer unit and receiving unit.
(b) Portable communication devices used to
						comply with paragraph (a) of this section during the transfer of flammable or
						combustible liquids must be intrinsically safe, as defined in Title 2, Division
						3, Chapter 1, Article 5 of the California Code of Regulations, Section
						2370(e).
(c) The primary communication system required
						by paragraph (a) of this section must be usable and effective in all phases of
						the transfer operation and all weather conditions. If this communications
						systems fails, the transfer operation shall be discontinued, as described in
						the Declaration of Inspection (Section
						843.8(z) of this
						subchapter). The transfer operation shall not resume until the continuous
						two-way voice communication system is restored.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94,
						  No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register
						  2002, No. 33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Title
							 2 CCR
							 Section 2370(e); and
							 Sections
							 8670.2 and
							 8670.14,
							 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 6 - Oil Transfer and Vessel Operations › Article 1.1 - Requirements for the Transfer of Oil › Section 843.9 - Personnel Work Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						No shoreside person involved in a transfer operation may work more than 16
						hours in any 24 hour period, or more than 40 hours in any 72 hour period,
						except in an emergency.
(b) No
						vessel person involved in a transfer operation may work more than 15 hours in
						any 24 hour period, or more than 36 hours in any 72 hour period, except in an
						emergency.
(c) For purposes of this
						section, "work" includes any administrative duties associated with the vessel
						or transfer operation whether performed on board the vessel or
						onshore.
(d) For purposes of this
						section, "emergency" is limited to those situations which threaten life, damage
						to property or have adverse impact on the public health or safety.
1. New
						  section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7).
						  A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency
						  language will be repealed by operation of law on the following
						  day.
2. Certificate of Compliance as to 2-18-94 order transmitted to
						  OAL 5-27-94 with amendment of NOTE and filed 7-12-94 (Register 94, No.
						  28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register
						  2002, No. 33).
Note: Authority cited: Sections
							 8670.7,
							 8670.17
							 and
							 8670.18,
							 Government Code. Reference: Sections
							 8670.2 and
							 8670.14,
							 Government Code.