Section 2174 - Manual Review(a) Submission of Manual.(1) The operations manual for any existing facility shall be submitted to Staff for review and approval within one year of the effective date of these regulations.(2) For any facilities not presently is existence, and operations manual shall be submitted to Staff for review and approval as part of the application for approval of the facility.(3) Staff shall review and respond to the operator within 90 days after a complete application for review has been submitted and acknowledged.(b) Updates and Changes to Approved Manual (1) The operations manual shall be kept current at all times.(2) Whenever any routine changes (administrative or clerical) is made in the operation, an update amendment reflecting that change shall be sent to Staff within 30 days.(3) Any substantial changes to the manual or its content shall require prior approval by Staff. A substantial change is one which is non-routine, or which would increase or decrease the ability of the operator to respond to a spill, to provide for personnel safety, or to protect the environment.(4) Subsequent reviews will be required as necessary when facility operations or technology changes, or when the Commission finds that the manual of any operator is no longer consistent with the provisions of this article or other rules, regulations, or guidelines of the Commission. Staff shall review and respond to the operator within 90 days after a complete application for review has been submitted and acknowledged.(c) Denial (1) Approval shall be denied if the Operations Manual does not comply with the conditions set forth in this article.(2) If approval is denied, Staff shall notify the operator of the reasons for denial and provide an explanation of those actions necessary to secure approval.(d) Appeal (1) If Staff denies approval of the Operations Manual, the operator may appeal this decision by submission of a written appeal to the Commission. Any appeal must be submitted within 10 calendar days from the date the operator receives notice that approval of the manual has been denied. The request must contain the basis for the appeal and provide evidence which rebuts the basis for the Staff's denial of the manual.(2) Upon receipt of an appeal, the Staff shall place the appeal on the calendar for the next Commission meeting taking place at least thirty (30) days after the appeal is received. The Commission may consider the appeal at that meeting or may delay consideration until a later meeting. Within 15 days after the Commission makes a decision on the appeal, the Staff shall send the operator written notice as to the Commission's decision.(e) Proof of Approval The operator shall keep the Letter of Approval filed in the front of the approved operations manual that is kept on the facility. The approval letter shall be presented upon request to any official representing the Commission or Administrator.
Cal. Code Regs. Tit. 2, § 2174
1. New section filed 9-8-93; operative 10-8-93 (Register 93, No. 37). Note: Authority cited: Sections 6108, 6216, 8755, 8756, and 8758, Public Resources Code. Reference: Sections 6108, 6216, 6873(b), 8755 and 8758, Public Resources Code.
1. New section filed 9-8-93; operative 10-8-93 (Register 93, No. 37).