Cal. Code Regs. tit. 14 § 826.02

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

Section 826.02 - Plan Format

On or before December 31, 2011, OSPR will accept either an original hard copy of the contingency plan or a CD-ROM formatted contingency plan with a signed copy of the "Feasibility and Executability Statement" required by this subchapter.

After December 31, 2011, OSPR will no longer accept original hard copies of the contingency plan. All submittals will either be made online as approved by OSPR, or in an electronic format approved by the Administrator. If changes are made to a plan, updates can either be submitted on-line, or a complete and up-to-date plan must be submitted in an electronic format approved by the Administrator.

Other documents required to be submitted with the contingency plan, such as evidence of the contracts or other approved means with Oil Spill Response Organizations and certified spill management teams, or general arrangement and tank diagrams, shall be scanned and submitted in an electronic format approved by the Administrator. Although not required, it is requested that the Table of Contents be linked to the different sections of the plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California plan format is used, it is requested that the plan be electronically linked to the plan sections that comply with California's requirements. Each plan shall be organized into at least two separate volumes: an initial response activity manual and a principal volume or volumes with related appendices. The format for each is outlined below:

(a) Initial Response Activity Manual:

A simplified initial response activity manual, suitable for on-scene use in the event of a spill, which summarizes the key notification information outlined in subsection 827.02 (d) and the initial shipboard response actions necessary to minimize the impact of a spill on marine waters, shall be prepared and submitted with each plan.

(1) Nontank vessels that have an approved Ship-board Oil Pollution Emergency Plan (SOPEP), may certify compliance with the emergency ship-board procedures requirements of the SOPEP, or may submit a copy of their Letter of Approval for their SOPEP, in lieu of providing the initial shipboard response actions specified in (a) above. The SOPEP shall be submitted to the Administrator upon request,

(2) The initial response activity manual shall be maintained on board the nontank vessel at all times.

(b) Principal Volume of the Plan:

(1) The principal volume of the plan shall include all the required information including a summary of the conclusions of all studies, calculations and analyses, as applicable.

(2) The principal volume of each plan shall be organized to facilitate access to information, and shall include:

(A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in this subchapter, or alternately with a cross reference to the requirements of this subchapter;

(B) a system of numbered chapters, sections and appendices;

(C) index tabs for locating plan chapters;

(D) a log sheet placed in the front of the plan for recording all amendments and updates; and

(E) amendments and updates that are consecutively numbered and dated.

(3) If hard copies of the plan are submitted, they shall be submitted on 8 1/2 by 11 inch paper, in a loose-leaf 3-ring binder to allow replacement of chapters or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan.

(4) All hard copy and electronic documents submitted will become the property of the Administrator. The documents will be retained by the Administrator for a minimum of three (3) years unless the plan is withdrawn by the submitter.

(c) References to Other Plans or Documents:

If references to other plans or documents are included in a contingency plan, as specified in Section 826.01(a)(2) above, the following must also be submitted:

(1) a listing of all the elements of the individual or fleet nontank vessel contingency plan that will be replaced by elements in the referenced plan or document, with an index specifying the location of the required elements, by regulation section, that will be met by the referenced plan or document.

Cal. Code Regs. Tit. 14, § 826.02

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 first paragraph and subsection (b)(3), new subsection (b)(4) and amendment of NOTE filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
3. Amendment of first paragraph, new second and third paragraphs and amendment of NOTE filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
4. Amendment of third paragraph and amendment of NOTE 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 8670.28, 8670.29 and 8670.32, Government Code. Reference: Sections 8670.28, 8670.29, 8670.31 and 8670.32, 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. Amendment of first paragraph and subsection (b)(3), new subsection (b)(4) and amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
3. Amendment of first paragraph, new second and third paragraphs and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
4. Amendment of third paragraph and amendment of Note 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.)