Section 826.04 - Plan Implementation and Use(a) Availability: (1) Nontank Vessel Initial Response Activity Manual(A) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual.(B) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual on board the nontank vessel at all times.(C) The approved initial response activity manual must be in a central location accessible to key response personnel at all times.(2) The qualified individual shall maintain a complete copy of the contingency plan including the initial response activity manual and any material referenced in the plan. The plan and any referenced material must be available for use in the event of an incident.(3) Immediate Notification Information (A) the immediate response and notification information shall be posted in a conspicuous location with access to a telephone, or other similar means of communication. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs.(b) Implementation: (1) Each contingency plan shall be effective upon submittal, pending final approval, or until denied or revoked, as described in Section 826.03(f).(2) An owner/operator, or any of his/her agents and employees shall use and implement the contingency plan in the event of an oil spill or an oil spill drill.(3) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response.(4) All involved parties shall carry out whatever direction is given by the Administrator in connection with the response, containment, and clean up of a spill. A responsible party or potentially responsible party may refuse to accept a directive from the Administrator if: (A) the directions of the Administrator are in direct conflict with directions from the Federal On-scene Coordinator; and/or(B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment.(5) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and: (A) the party who has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted to the Administrator within 48 hours of the refusal;(B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified.(6) Failure to implement the plan appropriately shall constitute a violation of this subchapter.(c) Coordination With Other Plans: (1) Each plan shall be consistent with an approved State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan.(2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990, that are in effect on January 15 of the year in which the contingency plan update is required.Cal. Code Regs. Tit. 14, § 826.04
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 subsection (b)(1) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsections (b)(3) and (c)(1) and amendment of NOTE filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12). 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 subsection (b)(1) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsections (b)(3) and (c)(1) and amendment of Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).