Cal. Code Regs. tit. 14 § 793

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 793 - Certificate Requirements for Oil Transfers at Marine Terminals and Active Offshore Marine Facilities

(a) Each owner or operator of a marine terminal within the state may only transfer oil to or from a tank vessel or vessel carrying oil as secondary cargo following receipt and verification of a copy of the certificate of financial responsibility issued by the Administrator to the owner or operator of the vessel, or from the owner of or person accepting responsibility for all of the oil contained in the vessel, as well as all the oil to be transferred to or from the vessel.

(b) Each marine terminal owner or operator may only transfer oil to or from a vessel which is used for, or is intended to be used for, transferring oil as cargo to or from a second vessel located within twelve miles of the California shoreline, following receipt and verification of a copy of the certificates issued for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.

(c) Each marine terminal owner or operator shall be determined to have met the verification requirements set forth in subsections (a) and (b) of this section, when, at the time of oil transfer, the marine terminal owner or operator has:

(1) Obtained verbal verification that all certificates are current and applicable to the vessels and, if applicable, to all of the oil contained in or to be transferred to or from the vessels from the persons responsible for the vessels, or from the persons responsible for the oil to be transferred to or from the affected vessels, or from persons authorized to provide this verification; and

(2) Visually inspected all relevant manifests or similar documentation (e.g., U.S. Customs Cargo Declarations) to confirm the information ascertained pursuant to (1); and

(3) Assured that the information contained in the certificates of financial responsibility is consistent with the information acquired pursuant to (1) and (2) above.

(d) The owner or operator of the marine terminal must retain a copy of the certificates obtained in accordance with (b) and (c) for a period of not less than one year.

(e) Owners or operators of mobile transfer units used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this subchapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code section 8670.56.6.

(f) Special procedures for owners or operators of offshore marine facilities engaged in drilling operations:

(1) The owner or operator of any offshore marine facility from which drilling operations are being carried out, where the drilling operations may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, shall demonstrate the financial ability to pay for any damages resulting from the operations of the offshore marine facility during an oil spill from the facility or from the drilling operations. The amount shall be based on the procedures described in subsection 791.7(h)(1)(C) of this chapter.

(2) At such time as an offshore marine facility owner or operator submits an application to the California State Lands Commission or the Geologic Energy Management Division of the California Department of Conservation for permission to carry out drilling operations which may have the potential for resulting in an uncontrolled release of oil from the reservoir into marine waters, that owner or operator shall apply for and obtain from the Administrator a new or amended certificate of financial responsibility to comply with the requirements of this chapter. The certificate shall no longer be required once the drilling operations are completed and any risk of spill abated.

Cal. Code Regs. Tit. 14, § 793

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (a), (c) and (i) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading, section and NOTE filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsections (i) and (l)(1)filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of section heading and section filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of NOTE filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
8. Amendment of subsections (a), (e)-(g) and (h) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
9. Repealer of subsection (c), subsection relettering and amendment of NOTE filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
10. Amendment of section heading and subsections (a)-(b) and (h) and amendment of NOTE filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
11. Amendment of section heading and subsections (a)-(b) and (h) and amendment of NOTE refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
12. Amendment of section heading and subsections (a)-(b) and (h) and amendment of NOTE refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
13. Amendment of section heading and subsections (a)-(b) and (h) and amendment of NOTE refiled 7-30-2018 as an emergency, including amendment of subsections (f), (f)(2)-(3), (g) and (k)(1)-(2); operative 7-30-2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
14. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading, section and NOTE, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
15. Amendment of subsection (f)(2) filed 9-23-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39). 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.

Note: Authority cited: Sections 8670.7.5, 8670.37.51, 8670.37.53, 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.54, 8670.37.55, 8670.37.56, 8670.37.57 and 8670.56.6, Government Code.

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (a), (c) and (i) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading, section and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsections (i) and (l)(1) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of section heading and section filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
8. Amendment of subsections (a), (e)-(g) and (h) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
9. Repealer of subsection (c), subsection relettering and amendment of Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
10. Amendment of section heading and subsections (a)-(b) and (h) and amendment of Note filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
11. Amendment of section heading and subsections (a)-(b) and (h) and amendment of Note refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
12. Amendment of section heading and subsections (a)-(b) and (h) and amendment of Note refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
13. Amendment of section heading and subsections (a)-(b) and (h) and amendment of Note refiled 7-30-2018 as an emergency, including amendment of subsections (f), (f)(2)-(3), (g) and (k)(1)-(2); operative 7/30/2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
14. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading, section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
15. Amendment of subsection (f)(2) filed 9-23-2021; operative 10/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39). 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.