Cal. Code Regs. tit. 14 § 825.03

Current through Register 2024 Notice Reg. No. 40, October 4, 2024
Section 825.03 - Purpose and Scope

This subchapter sets forth planning requirements for oil spill prevention and response for nontank vessels (300 gross tons or greater) in California. The planning requirements specify that the owner/operator of a nontank vessel must own or have contracted for on-water recovery and storage resources sufficient to respond to all spills up to the reasonable worst case spill volume in the time frames specified. The owner/operator shall also demonstrate through contracts(s) or other approved means, the shoreline protection response resources necessary to protect each type of shoreline and all applicable sensitive sites as outlined in the appropriate Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). Equipment in addition to that under contract must be identified, and a call-out procedure in place to access additional response resources if needed. For the purpose of meeting the regulatory requirements herein, contracts for booming, on-water recovery and storage, and shoreline protection services can only be made with OSRO's Rated by the Office of Spill Prevention and Response. For other required services (e.g., shoreline clean-up, waste management, spill response management, etc.) contracts or other approved means with non-rated OSRO's may be used.

The equipment that the owner/operators have available must also be applicable to the areas of intended use. Nontank vessel owner/operators shall demonstrate adequate emergency services as described, by sufficient in-house capability or a signed, valid contract with a vessel emergency services provider.

The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a initial response activity manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated.

To the greatest extent possible, California has endeavored that this subchapter be consistent with the scope and intent of California's tank vessel oil spill contingency plan regulations, the enabling legislation Senate Bill 1644 (Chapter 964, Statutes of 1998), the Federal oil spill response regulations, and the Area Contingency Plans (ACP) completed by the U.S. Coast Guard, State Agencies, and local governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.). Consideration shall be given to the differences in environmental risk between spills from nontank vessels and tank vessels. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization, etc.) requirements may be used to demonstrate compliance with all or part of this subchapter to the extent that the information meets the requirements of this subchapter.

Cal. Code Regs. Tit. 14, § 825.03

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
2. Change without regulatory effect amending last two paragraphs filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of section and NOTE filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of first paragraph filed 12-19-2013; operative 12-19-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note: Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, Government Code.

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
2. Change without regulatory effect amending last two paragraphs filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of section and Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of first paragraph filed 12-19-2013; operative 12-19-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).