1. (a) A tank vessel or marine facility owner or operator who is required to submit an oil spill contingency plan pursuant to this subchapter must:

   1. (1) Identify and ensure by contract or other approved means a rated oil spill response organization (as specified in subchapter 3.5) for the booming, on-water recovery and storage, and environmental sensitive site protection services as required. An oil spill response organization's existing rating approval letter issued from the Administrator remain valid unless revoked and is deemed to meet the requirements of this subchapter for three years from the date of the letter's issuance.

   2. (2) Identify and ensure by contract or other approved means a certified spill management team, as described in subchapter 5 of this chapter. The certified spill management team must be the appropriate tier classification, pursuant to section 830.3 of subchapter 5.

      1. (A) The spill management team may have an interim certification.
      2. (B) A single spill management team may be listed if it is capable of responding in all geographic regions in which the plan holder operates.
      3. (C) The spill management team may consist of personnel employed by the plan holder or persons affiliated with the plan holder, contracted personnel, or a combination thereof.
      4. (D) Within 90 calendar days after the effective date of subchapter 5 of this chapter, any owner or operator that currently has an approved contingency plan shall submit an Application for Certification of Plan Holder Spill Management Team form DFW 1005 (new 11/12/20), incorporated by reference herein, pursuant to section 830.7 of subchapter 5.
      5. (E) An owner or operator that is required to have a new contingency plan must submit an Application for Certification of Plan Holder Spill Management Team form DFW 1005 (new 11/12/20), incorporated by reference herein, pursuant to section 830.7 of subchapter 5, at the time of submission of a new contingency plan for review and approval.

2. (b) No person shall load oil onto a tank vessel or unload oil from a tank vessel unless the following conditions are met prior to transfer operations:

   1. (1) After initial submittal but prior to approval of the contingency plan, the tank vessel owner or operator must provide the marine terminal owner or operator with a copy of the letter acknowledging the receipt of the tank vessel's oil spill contingency plan by the Administrator, if the marine terminal owner or operator does not already have such a letter on file.
   2. (2) After approval of the initial submittal of the contingency plan, the tank vessel owner or operator must provide the marine terminal owner or operator with a copy of the letter approving the current oil spill contingency plan for that tank vessel if the terminal owner or operator does not already have such a letter on file.
   3. (3) The tank vessel owner or operator must notify the marine terminal owner or operator of any change in the approval status not reflected by the letter on file at that marine terminal.
   4. (4) The tank vessel owner or operator must certify that a complete copy of the response manual for that tank vessel is on board the tank vessel.
3. (c) Each plan must provide for the best achievable protection of coastal and marine resources and must ensure that all areas addressed by the plan are at all times protected by prevention, response, containment and cleanup equipment and operations.
4. (d) Each plan must be consistent with the California Oil Spill Contingency Plan and not in conflict with the National Oil and Hazardous Substances Pollution Contingency Plan, or the applicable federal area contingency plans.
5. (e) Nothing in this subchapter in any manner or respect impairs or limits the authority of the California Coastal Commission to review federal activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal Zone Management Act of 1972 (16 United States Code section 1451 et seq.). Nor does this subchapter impair or limit the authority of the California Coastal Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program.
6. (f) All plans must be written in English, and for tank vessel plans, if applicable, the response manual portion must also be in a language that is understood by the crew members responsible for carrying out the plan.

Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.32, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30 and 8670.32, Government Code.

History

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).

2. Amendment of subsections (a)(1)-(4), (d) and (f) and repealer of subsection (g) filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).

3. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).

4. New subsection (a), subsection relettering and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).

5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).

6. New subsection (a), redesignation and amendment of former subsection (a) as new subsection (a)(1), new subsections (a)(2)-(a)(2)(E) 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.)

7. Amendment filed 8-22-2025; operative 1-1-2026 pursuant to Government Code section 11343(b)(2) (Register 2025, No. 34).