Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 4 - Office of Spill Prevention and Response
Chapter 2 - Financial Responsibility
Section 797 - Reporting and Suspension

Cal. Code Regs. tit. 14 § 797

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 797 - Reporting and Suspension
(a) The certificant shall provide written notification to the Administrator of an event or situation which could produce a material change that affects the certificant's ability to comply with the financial responsibility requirements. Such events include, but are not limited to, a spill occurring within or outside of California for which the certificant may be liable for damages, bankruptcy or insolvency, or some other significant action against the certificant. Additionally, the certificant must notify the Administrator in writing of any other potential liability that could produce a material change that affects the certificant's ability to comply with the financial responsibility requirements. Written notification must be submitted within 10 calendar days of knowledge of the incident or knowledge of sufficient facts which would lead a reasonably prudent person to investigate the situation. For purposes of this subsection, "material change" means an event or action which could cause the certificant to be liable for damages in an amount exceeding five percent of the total financial resources reflected by the certificate or, if owners' equity exceeds the total amount of financial resources reflected by the certificate, five percent of the owners' equity.
(b) Upon notification to the Administrator of a spill or other situation or potential liability, as required by subsection (a) above, the Administrator shall reevaluate the validity of the certificate of financial responsibility.
(c) Upon a determination by the Administrator that the certificant lacks sufficient financial resources to assume financial responsibility for both the current spill or liability and also have adequate resources remaining available to meet the requirements of this chapter, the Administrator shall suspend the certificate following 10 calendar days written notice to the certificant.
(d) Suspension of the certificate shall continue until the certificant demonstrates, to the satisfaction of the Administrator, that the certificant has the financial resources needed to meet the requirements of this chapter.
(e) Request for Reconsideration.

Certificants may submit a request for reconsideration of the Administrator's decision to suspend the certificate, by following the process described in section 790.5 of chapter 1.

Cal. Code Regs. Tit. 14, § 797

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 (a) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of subsections (a) and (c), new subsection (e), and new forms filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect removing FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (8/96) and 1947 (8/96) from print filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
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 subsection (a) and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsection (a) 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. Amendment of subsection (a) filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
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 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).
14. Amendment of subsection (a) 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).
15. Amendment of subsection (a) 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).
16. Amendment of subsection (a) 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).
17. Certificate of Compliance as to 7-30-2018 order, including amendment of section and NOTE, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
18. Amendment of subsection (e) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).

Note: Authority cited: Sections 8670.7.5, 8670.37.53, 8670.37.54, 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 (a) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of subsections (a) and (c), new subsection (e), and new forms filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect removing FG OSPR Forms 1924 (10/96), 1925 (10/96), 1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (8/96) and 1947 (8/96) from print filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
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 subsection (a) and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsection (a) 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. Amendment of subsection (a) filed 9-17-2001; operative 9-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 38).
11. Change without regulatory effect amendingNote 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 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).
14. Amendment of subsection (a) 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).
15. Amendment of subsection (a) 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).
16. Amendment of subsection (a) 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).
17. Certificate of Compliance as to 7-30-2018 order, including amendment of section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
18. Amendment of subsection (e) filed 7-5-2022; operative 10/1/2022 (Register 2022, No. 27).