Cal. Code Regs. tit. 14 § 794

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

Section 794 - Multiple Vessels or Facilities Certifications

(a) A certificate shall be issued to the applicant for multiple tankers, tank barges, nontank vessels, or facilities listed on the completed application, following approval of the application by the Administrator.

(b) The total financial responsibility that must be demonstrated by an owner or operator with multiple small tank barges, marine facilities, inland facilities, small marine fueling facilities, mobile transfer units, nontank vessels, or vessels carrying oil as secondary cargo shall be based on the vessel or facility which poses the greatest financial risk during a spill as determined pursuant to section 791.7 of this chapter.

(c) If an oil spill occurs from one or more tanker, tank barge, nontank vessel, marine facility, or inland facility within or outside of California, which may cause the certificant to be liable for damages exceeding five percent of the total financial resources reflected by the certificate, then the Administrator shall:

(1) Immediately review the certificant's financial resources to determine the applicability of the certificate to the certificant's other vessels and facilities not associated with the spill, and notify the certificant of the results of the review prior to issuing a determination that the certificate is inapplicable to any vessel or facility not associated with the spill; and

(2) Where a determination is made that the certificate is inapplicable, provide the certificant reasonable time to modify affected operations; and

(3) Consider the certificate inapplicable to the certificant's other vessels or facilities not associated with the spill.

(d) An owner or operator with a certificate deemed inapplicable to the other vessels or facilities not associated with the spill, shall reapply for a certificate for any vessel or facility, vessel carrying oil as secondary cargo, marine facility, or inland facility not associated with the spill. Upon reapplication, the owner or operator shall demonstrate to the satisfaction of the Administrator that:

(1) The owner or operator has the amount of financial ability required pursuant to this chapter; and

(2) The owner or operator has the financial ability to pay all damages which arise or have arisen from the spill or spills which have occurred within the state.

Cal. Code Regs. Tit. 14, § 794

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 subsection (c) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a), (b) and (d) filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (b), (c), (c)(1), (c)(3) and (d) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Editorial correction removing erroneous HISTORY 10 (Register 2001, No. 16).
11. Change without regulatory effect amending NOTE filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
12. Amendment of NOTE filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
13. Amendment of subsection (a) and NOTE filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
14. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
15. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
16. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
17. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) and amendment of NOTE refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
18. 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).

Note: Authority cited: Sections 8670.7.5, 8670.37.53, 8670.37.54, 8670.37.55, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54, 8670.37.55 and 8670.37.56, 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 subsection (c) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a), (b) and (d) filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (b), (c), (c)(1), (c)(3) and (d) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Editorial correction removing erroneous History 10 (Register 2001, No. 16).
11. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
12. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
13. Amendment of subsection (a) and Note filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
14. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
15. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
16. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) 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).
17. Amendment of subsections (c)-(c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsection (c)(2), new subsection (c)(3), amendment of subsections (d)-(d)(2) and amendment of Note refiled 7-30-2018 as an emergency; operative 7/30/2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
18. 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).