CHAPTER 7.4. Oil Spill Response and Contingency Planning [8670.1. - 8670.73.]
Chapter 7.4 added by Stats. 1990, Ch. 1248, Sec. 17.
§§ 8670.1–8670.73 · 116 sections
ARTICLE 1. General Provisions §§ 8670.1–8670.5.5 · 6 sections
- § 8670.1 This chapter, Article 3.5 (commencing with Section 8574.1) of Chapter 7 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public…
- § 8670.2 The Legislature finds and declares as follows: (a) Each year, billions of gallons of crude oil and petroleum products are transported by vessel, railroad,…
- § 8670.3 Unless the context requires otherwise, the following definitions shall govern the construction of this chapter: (a) “Administrator” means the administrator for…
- § 8670.4 There shall be an administrator for oil spill response. The administrator shall be a chief deputy director of the Department of Fish and Game. The…
- § 8670.5 The Governor shall ensure that the state fully and adequately responds to all oil spills in waters of the state. The administrator, acting at the direction of…
- § 8670.5.5 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
ARTICLE 2. Duties of the Administrator §§ 8670.6–8670.14 · 16 sections
- § 8670.6 (a) The administrator shall ensure that he or she has available for support, either under direct employment, elsewhere in state government, or through contract…
- § 8670.7 (a) The administrator, subject to the Governor, has the primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts…
- § 8670.7.5 (a) The administrator may adopt regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)…
- § 8670.8 (a) The administrator shall carry out programs to provide training for individuals in response, containment, and cleanup operations and equipment, equipment…
- § 8670.8.3 The administrator may offer grants to a local government, federally recognized tribe, or other public entity with jurisdiction over or directly adjacent to…
- § 8670.8.5 The administrator may use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the…
- § 8670.9 (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of…
- § 8670.10 (a) (1) Except as provided in subdivision (b), in coordination with all appropriate federal, state, and local government entities, the administrator shall…
- § 8670.11 In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises…
- § 8670.12 (a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife…
- § 8670.12.1 On or before January 1, 2022, the administrator shall hold a technology workshop that shall include the topic of technology for addressing nonfloating oil…
- § 8670.13 (a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid in prevention, response, containment, cleanup, and…
- § 8670.13.1 (a) The administrator shall license all oil spill cleanup agents, and shall adopt regulations governing the expedited testing, licensing, and use of oil spill…
- § 8670.13.2 The administrator shall prepare and periodically revise regulations regarding licensing of oil spill cleanup agents. The authority of the administrator shall…
- § 8670.13.3 If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature…
- § 8670.14 The administrator shall coordinate the oil spill prevention and response programs and facility, tank vessel, and nontank vessel safety standards of the state…
ARTICLE 3. Marine Safety §§ 8670.16–8670.24 · 13 sections
- § 8670.16 The administrator shall take any action necessary and appropriate to promote the adoption of statutes or regulations by the federal government that establish…
- § 8670.17 (a) The administrator shall adopt regulations regarding the equipment, personnel, and operation of vessels to and from marine terminals that are used to…
- § 8670.17.1 The administrator may, for purposes of efficiency, safety, or implementation consistency, provide for services to vessels, ports, and port users which are…
- § 8670.17.2 (a) The administrator shall adopt regulations governing tugboat escorts for tank ships and tank barges entering, leaving, or navigating in the harbors of the…
- § 8670.18 (a) The administrator may inspect or cause to be inspected on a regular basis all vessels. (b) The administrator shall evaluate and periodically review the…
- § 8670.19 (a) The administrator shall periodically conduct a comprehensive review of all oil spill contingency plans. The administrator shall do both of the following:…
- § 8670.20 (a) For the purposes of this section, “vessel” means a vessel, as defined in Section 21 of the Harbors and Navigation Code, of 300 gross registered tons or…
- § 8670.21 (a) As used in this section, the following terms have the following meanings: (1) “Vessels” means vessels as defined in Section 21 of the Harbors and…
- § 8670.22 Any vessel that is not in compliance with the time schedules and requirements relating to double hulls set forth in the federal Oil Pollution Prevention,…
- § 8670.23 (a) The administrator shall establish Harbor Safety Committees for harbors and adjacent regions of San Diego; Los Angeles/Long Beach; Port Hueneme; San…
- § 8670.23.1 (a) Each harbor safety committee established pursuant to Section 8670.23 shall be responsible for planning for the safe navigation and operation of tank ships,…
- § 8670.23.2 (a) The Legislature hereby finds and declares that because the administrator must rely on the expertise provided by volunteer members of the harbor safety…
- § 8670.24 (a) The administrator shall evaluate all pilotage areas in the state. This evaluation shall include all of the following: (1) The effectiveness of the state…
ARTICLE 4. Oil Spill Response §§ 8670.25–8670.27 · 4 sections
- § 8670.25 (a) A person who, without regard to intent or negligence, causes or permits any oil to be discharged in or on the waters of the state shall immediately…
- § 8670.25.5 (a) (1) Without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state shall report the…
- § 8670.26 Any local or state agency responding to an oil spill shall notify the Office of Emergency Services, if notification is required under Section 8670.25.5,…
- § 8670.27 (a) (1) All potentially responsible parties for an oil spill and all of their agents and employees and all state and local agencies shall carry out response…
ARTICLE 5. Contingency Planning §§ 8670.28–8670.37.5 · 14 sections
- § 8670.28 (a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State…
- § 8670.28.5 An operator shall maintain a level of readiness that will allow effective implementation of the applicable contingency plans.
- § 8670.29 (a) In accordance with the rules, regulations, and policies established by the administrator pursuant to Section 8670.28, an owner or operator of a facility,…
- § 8670.30 (a) An oil spill response organization may apply to the administrator for a rating of that OSRO’s response capabilities. The administrator shall establish…
- § 8670.30.5 (a) The administrator may review each oil spill contingency plan that has been approved pursuant to Section 8670.29 to determine whether it complies with…
- § 8670.31 (a) Each oil spill contingency plan required under this article shall be submitted to the administrator for review and approval. (b) The administrator shall…
- § 8670.32 (a) A spill management team (SMT) may apply to the administrator for a certification of that SMT’s response capabilities. The administrator shall establish…
- § 8670.33 (a) If the operator of a tank ship or tank barge for which a contingency plan has not been approved desires to have the tank ship or tank barge enter waters of…
- § 8670.34 This article shall not apply to any tank vessel, nontank vessel, or vessel carrying oil as a secondary cargo that enters waters of the state because of…
- § 8670.35 (a) The administrator, taking into consideration the California oil spill contingency plan, shall promulgate regulations regarding the adequacy of oil spill…
- § 8670.36 The administrator shall, within five working days after receipt of a contingency plan prepared pursuant to Section 8670.28 or 8670.35, post a notice that the…
- § 8670.36.1 (a) To reduce the damages and costs from spills, the administrator shall develop an outreach program to provide assistance to the operators of small craft…
- § 8670.37 (a) The administrator, with the assistance of the State Lands Commission, the California Coastal Commission, the executive director of the San Francisco Bay…
- § 8670.37.5 (a) The administrator shall establish a network of rescue and rehabilitation stations for wildlife injured by oil spills, including sea otters and other marine…
ARTICLE 5.5. Financial Responsibility §§ 8670.37.51–8670.37.58 · 8 sections
- § 8670.37.51 (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has…
- § 8670.37.52 The certificate of financial responsibility shall be conclusive evidence that the person or entity holding the certificate is the party responsible for the…
- § 8670.37.53 (a) To receive a certificate of financial responsibility for a tank vessel or for all of the oil contained within that vessel, the applicant shall demonstrate…
- § 8670.37.54 (a) For the purposes of this chapter, financial responsibility may be demonstrated by evidence of insurance, surety bond, letter of credit, qualifications as a…
- § 8670.37.55 (a) An owner or operator of more than one tank vessel, vessel carrying oil as a secondary cargo, nontank vessel, or facility shall only be required to obtain…
- § 8670.37.56 If the administrator determines that, because of a spill outside of the state or some other action or potential liability, the holder of a certificate may not…
- § 8670.37.57 No certificate of financial responsibility shall have a term greater than two years. The administrator may issue certificates for shorter periods where…
- § 8670.37.58 (a) A nontank vessel shall not enter waters of the state unless the nontank vessel owner or operator has provided to the administrator evidence of financial…
ARTICLE 6. The Oil Spill Prevention and Administration Fund §§ 8670.38–8670.42 · 6 sections
- § 8670.38 (a) The Oil Spill Prevention and Administration Fund is hereby created in the State Treasury. The money in the fund is available for appropriation by the…
- § 8670.39 (a) The administrator shall administer the fund in accordance with this article. (b) The administrator may develop and adopt any rules, regulations, and…
- § 8670.40 (a) The California Department of Tax and Fee Administration shall collect an oil spill prevention and administration fee on crude oil, petroleum products, and…
- § 8670.40.5 (a) For each fiscal year, consistent with this article, the administrator shall submit, as a proposed appropriation in the Governor’s Budget, an amount up to…
- § 8670.41 (a) The administrator shall charge a nontank vessel owner or operator a reasonable fee, to be collected with each application to obtain a certificate of…
- § 8670.42 (a) The administrator and the State Lands Commission, independently, shall contract with the Department of Finance for the preparation of a detailed report…
ARTICLE 7. Oil Spill Response Trust Fund §§ 8670.46–8670.53 · 10 sections
- § 8670.46 (a) The Oil Spill Response Trust Fund is hereby created in the State Treasury. Notwithstanding Section 13340, the money in the fund is continuously…
- § 8670.47 (a) The administrator shall administer the fund in accordance with this article. (b) The administrator may develop and adopt any rules, regulations, and…
- § 8670.47.5 The following shall be deposited into the fund: (a) The fee required pursuant to Section 8670.48. (b) Any federal funds received to pay for response,…
- § 8670.48 (a) (1) A uniform oil spill response fee in an amount not exceeding twenty-five cents ($0.25) for each barrel of petroleum products, as set by the…
- § 8670.48.5 (a) The administrator may raise the fees specified in Section 8670.48 to a maximum of one dollar ($1) per barrel, provided that the fee may only be raised by…
- § 8670.49 (a) (1) The administrator may only expend money from the fund to pay for any of the following, subject to the lien established in Section 8670.53.2: (A) To pay…
- § 8670.50 (a) Money from the fund may only be expended to cover the costs incurred by the state and local governments and agencies for any of the following: (1)…
- § 8670.51 (a) When a person has obtained a final judgment for damages resulting from an oil spill in waters of the state, but is unable, within one year after the date…
- § 8670.51.1 (a) (1) Upon learning of an oil spill, the administrator shall immediately designate the responsible party, who, if that designation is not challenged, shall…
- § 8670.53 The Attorney General, in consultation with the administrator, shall undertake actions to recover all costs to the funds from any responsible party for an oil…
ARTICLE 7.5. Borrowing Authority §§ 8670.53.1–8670.53.95 · 9 sections
- § 8670.53.1 (a) Following an oil spill, the administrator, in consultation with the Treasurer, shall notify the Governor if the administrator determines that it is likely…
- § 8670.53.2 Money borrowed pursuant to this chapter, including draws on the financial security obtained pursuant to subdivision (o) of Section 8670.48, shall be expended…
- § 8670.53.3 (a) For purposes of this section, the following definitions shall apply: (1) “Bond” means any bond, note, commercial paper, bond anticipation note, or other…
- § 8670.53.4 (a) With the exception of borrowing from the Pooled Money Investment Account, which shall be on the terms determined by the Pooled Money Investment Board, the…
- § 8670.53.5 Any financial arrangements made or issued pursuant to this article or subdivision (o) of Section 8670.48, including the issuance of bonds or other obligations,…
- § 8670.53.7 (a) All financial arrangements made or issued pursuant to this article or subdivision (o) of Section 8670.48, including bonds or other obligations, are a legal…
- § 8670.53.8 Notwithstanding Section 13340, there is hereby appropriated from the fund, without regard to fiscal years, any and all moneys necessary to pay principal,…
- § 8670.53.9 Whenever the Treasurer determines that it will increase the marketability or reduce the cost of obtaining any standby arrangement, other arrangement, or of…
- § 8670.53.95 Section 10295 and Sections 10336 to 10381, inclusive, of the Public Contract Code shall not apply to agreements entered into by the Treasurer in connection…
ARTICLE 8. Oil Spill Technical Advisory Committee §§ 8670.54–8670.56.1 · 5 sections
- § 8670.54 (a) The Oil Spill Technical Advisory Committee, hereafter in this article, the committee, is hereby established to provide public input and independent…
- § 8670.55 (a) The committee shall provide recommendations to the administrator, the State Lands Commission, the California Coastal Commission, the San Francisco Bay…
- § 8670.55.1 (a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill…
- § 8670.56 The administrator may expend from the Oil Spill Prevention and Administration Fund any amounts necessary for the purposes of carrying out this article.
- § 8670.56.1 (a) The Legislature hereby finds and declares that because the administrator must rely on expertise provided by members of the committee and be guided by their…
ARTICLE 8.5. Damages §§ 8670.56.5–8670.56.6 · 2 sections
- § 8670.56.5 (a) A responsible party, as defined in Section 8670.3, shall be absolutely liable without regard to fault for any damages incurred by any injured person that…
- § 8670.56.6 (a) (1) Except as provided in subdivisions (b) and (d), and subject to subdivision (c), a person, including, but not limited to, an oil spill response…
ARTICLE 9. Enforcement §§ 8670.57–8670.69.6 · 19 sections
- § 8670.57 (a) When the administrator determines that any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which constitute a…
- § 8670.58 Every civil action commenced pursuant to this chapter or Division 7.8 (commencing with Section 8750) of the Public Resources Code at the request of the…
- § 8670.59 (a) Any civil action brought pursuant to this chapter, or pursuant to Division 7.8 (commencing with Section 8750) of the Public Resources Code, shall be…
- § 8670.61 The civil and criminal penalties provided in this chapter and Division 7.8 (commencing with Section 8750) of the Public Resources Code shall be separate from,…
- § 8670.61.5 (a) For purposes of this chapter, “wildlife rehabilitation” means those actions that are necessary to fully mitigate for the damage from a spill caused to…
- § 8670.62 (a) Any person who discharges oil into waters of the state, upon order of the administrator, shall do all of the following: (1) Clean up the oil. (2) Abate the…
- § 8670.63 (a) No provision of this chapter, or of Division 7.8 (commencing with Section 8750) of the Public Resources Code, or any ruling of the administrator, shall be…
- § 8670.64 (a) A person who commits any of the following acts shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by…
- § 8670.65 Except as otherwise provided in Section 8670.64, any person who knowingly violates any provision of this chapter, or Division 7.8 (commencing with Section…
- § 8670.66 (a) Any person who intentionally or negligently does any of the following acts shall be subject to a civil penalty for a spill of not less than fifty thousand…
- § 8670.67 (a) Any person who intentionally or negligently does any of the following acts shall be subject to an administrative civil penalty for a spill not to exceed…
- § 8670.67.5 (a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c).…
- § 8670.68 (a) The administrator may issue a complaint to any person on whom civil liability may be imposed pursuant to Section 8670.67 or 8670.67.5. The complaint shall…
- § 8670.68.1 After the time for review has expired for a violation under this chapter or Division 36 (commencing with Section 71200) of the Public Resources Code, the…
- § 8670.68.4 Any operator of a small craft refueling dock who fails to register in compliance with subdivision (c) of Section 8670.36.1 shall be subject to a civil penalty…
- § 8670.68.5 Twenty-five percent of any penalty collected under this article shall be paid to the agency or office prosecuting the action.
- § 8670.69 Actions on behalf of the state or any other public entity to enforce Section 8670.61.5 through injunctive relief, declaratory relief, and all costs of the…
- § 8670.69.4 (a) When the administrator determines that any person has undertaken, or is threatening to undertake, any activity or procedure that (1) requires a permit,…
- § 8670.69.6 Within 30 days after service of a copy of a cease and desist order issued by the administrator under Section 8670.69.4, any aggrieved party may file with the…
ARTICLE 10. Environmental Enhancement Fund §§ 8670.70–8670.73 · 4 sections
- § 8670.70 The Environmental Enhancement Fund is hereby created in the State Treasury. All penalties collected under Article 9 (commencing with Section 8670.57) shall be…
- § 8670.71 (a) The administrator shall fund only those projects approved by the Environmental Enhancement Committee. (b) For purposes of this article, an enhancement…
- § 8670.72 (a) The Environmental Enhancement Committee is hereby created. The committee shall consist of the following members: (1) The administrator. (2) A public…
- § 8670.73 (a) The Environmental Enhancement Grant Program is hereby established. Project proposals shall be solicited when adequate funds have accumulated in the…