Section 840.1 - Applicability(a) The provisions of this subchapter shall apply to:(1) all oil transfer operations other than internal vessel transfers regardless of the quantity being transferred, conducted within California marine waters, or a shore-based transfer where a spill could impact California marine waters, except as noted in (b) below; and(2) all drydock associated oil transfers including, but not limited to, oil transfers to or from a tank vessel or nontank vessel in drydock; oil transfers to or from tanks (portable and/or fixed) within the drydock; and oil transfers to or from the drydock; and(3) all vessels engaged in oil transfer operations. For the purpose of this subchapter, "vessel" is not limited to the definition in Chapter 1, Section 790, of this subdivision and includes tank vessels and nontank vessels.(b) This subchapter does not apply to: (1) nontank vessels with an oil carrying capacity of less than 250 barrels;(2) oil transfers to or from a marine terminal;(3) small craft refueling docks as defined in Chapter 1, Section 790 of this subdivision;(4) public vessels as "public vessels" are defined in 33 United States Code (USC) 2701;(5) dedicated oil spill response vessels when conducting response operations in a response area; or(6) vessels of opportunity as defined in Chapter 1, Section 790 of this subdivision.(7) internal vessel transfers.(c) Both the transfer unit and the receiving unit may be monitored by Staff during any phase of the oil transfer operation.Cal. Code Regs. Tit. 14, § 840.1
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33). Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14, 8670.17 and 8670.18, Government Code.
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Noteand filed 7-12-94 (Register 94, No. 28).
3. Amendment filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).