Section 826.03 - Plan Review and Approval(a) No nontank vessel shall operate in marine waters until the owner/operator is notified that the contingency plan meets the minimum requirements listed in this subsection. A contingency plan shall be reviewed for these minimum requirements within five working days of notification that the nontank vessel is entering marine waters, and the vessel owner/operator shall be notified in writing that: 1) the plan meets the minimum requirements; or2) the plan is deficient and what specific information is needed, and that the nontank vessel shall not enter marine waters until the following information has been provided: (1) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, destination, intended route while in marine waters, and address and telephone number of both the owner and operator;(2) Evidence of a contract or other approved means (as defined in Section 790 of this subdivision), documenting that the oil spill response organization(s) and certified spill management team named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits;(3) Identification, including telephone number and facsimile number, of a Qualified Individual; and(4) Evidence of financial responsibility in the amount of three hundred million dollars ($300,000,000). Documentation that a California Certificate of Financial Responsibility is being processed will fulfill this requirement.(b) Time frames: (1) After notification that the plan meets the minimum requirements specified in Subsection (a), each plan shall be reviewed for all the requirements of this subchapter and be approved or denied within 180 days.(2) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If the administrator determines that a plan is inadequate, a written explanation of deficiencies shall be sent to the plan holder.(3) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan, or make corrections to their original plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section (b).(c) Prior and subsequent to plan approval, the Administrator may make an on-site inspection and require an unannounced drill of all or part of any contingency plan submitted in order to determine the plan's adequacy pursuant to the authority in Government Code Section 8670.10(a).(d) Public Review and Comment: Contingency plans will be made available for review by any interested member of the general public at the headquarter's office of OSPR. (1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the headquarter's office of OSPR. Copies of the plans will be provided at the cost of duplication.(2) Any interested person may review a plan and submit written comments prior to the Administrator's approval or disapproval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's review process.(e) Plan Approval: (1) Unless the Administrator determines otherwise on a case-by-case basis, a contingency plan will be considered to be effective upon notification per Subsection (a) pending final approval unless and until the owner/operator is notified that the plan is inadequate per Subsection 826.03(f).(2) A contingency plan shall be approved if it adequately addresses all of the requirements specified in this subchapter.(3) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the time frames established in Section 826.03(b).(4) The Administrator shall consider any comments submitted by other agencies or interested parties when approving or disapproving the plan.(5) The Administrator shall notify the plan holder when a contingency plan has been approved. The Administrator shall issue a letter of approval and certificate describing the conditions of approval, if any, and specifying the expiration date of the Letter of Approval and certificate.(f) Denial or Revocation of Plan: (1) Approval shall be denied or revoked if a plan does not comply or maintain compliance with this subchapter.(2) If approval of a contingency plan is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval.(A) the plan holder shall have 90 calendar days from notification of a denied plan to submit a new or revised plan that incorporates the recommended changes, during which time the plan is considered effective pending final approval. The Administrator may, however, revoke the plan and deny entry to the nontank vessel if the plan has significant deficiencies that result in the inability of the plan holder to maintain a level of readiness as required by this subchapter.(B) No nontank vessel shall operate in marine waters if it fails to gain approval of its contingency plan after the second submission until a subsequent submission is approved.(C) If a plan holder fails to address plan deficiencies within 90 calendar days from notification of a denied plan, the Administrator may, without further notice, declare the plan null and void.(g) Request for Reconsideration. The plan holder may request reconsideration of a decision made by the Administrator regarding the denial of approval, denial of exemption, or revocation of a contingency plan, by following the process described in section 790.5 of chapter 1.
(h) Proof of Approval: The Letter of Approval shall be presented upon request to the operator of a marine facility or vessel providing fuel prior to an oil transfer.
(i) Liability: Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner.Cal. Code Regs. Tit. 14, § 826.03
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 section filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (f)(2)(A)-(B), new subsection (f)(2)(C) and amendment of subsections (g)(1), (g)(3) and (h) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsections (a) and (f)(2)-(f)(2)(C) and NOTE filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
5. Amendment of subsection (a)(2) 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.)
6. Amendment of subsection (g) and repealer of subsections (g)(1)-(4) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27). 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. Change without regulatory effect amending section filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (f)(2)(A)-(B), new subsection (f)(2)(C) and amendment of subsections (g)(1), (g)(3) and (h) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Amendment of subsections (a) and (f)(2)-(f)(2)(C) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
5. Amendment of subsection (a)(2) 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.)
6. Amendment of subsection (g) and repealer of subsections (g)(1)-(4) filed 7-5-2022; operative 10/1/2022 (Register 2022, No. 27).