1. (a) Plans.

   Unless tank vessels are exempt as provided in subsection (b) below, oil spill contingency plans must be prepared, submitted and used pursuant to the requirements of this section by all tank vessels which transit in the marine waters (as defined in section 790 of this subdivision) of California, or conduct business in the state. Business in the state would include such transactions as lightering operations off the coast of California.

2. (b) Exemptions.

   1. (1) This subchapter does not apply to a tank vessel that enters the marine waters of the state because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met:

      1. (A) The operator and crew comply with all orders given by the Administrator or his or her designee, unless the orders are contradicted by orders from the United States Coast Guard;

      2. (B) Except for fuel, oil may be transferred to or from the tank vessel only if permission is obtained from the Administrator and one of the following conditions is met;

         1. 1. The transfer is necessary for the safety of the crew; or
         2. 2. The transfer is necessary to prevent harm to public safety or the environment; or
         3. 3. A contingency plan is approved or made applicable to the tank vessel.
      3. (C) The tank vessel must leave the marine waters of the state as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation.

   2. (2) Operation Without a Plan.

      1. (A) A tank vessel may enter marine waters without an approved contingency plan if the Administrator approves entrance under the plan of the terminal or tanker that is the destination of the tank vessel. The Administrator's approval can be communicated by telephone or facsimile and is subject to the following:

         1. 1. The operator of the terminal or tanker provides the Administrator with advance written assurance that the operator assumes full responsibility for the tank vessel while it is traveling to or from the terminal or tanker. Such assurance may be delivered by hand, by mail or by facsimile. If delivered by facsimile the original must follow;
         2. 2. The contingency plan includes all conditions pertinent to a tank vessel;
         3. 3. The tank vessel meets all the requirements of the terminal or tanker's contingency plan; and,
         4. 4. The tank vessel has not made a similar entrance into marine waters in the preceding 12 month period.
      2. (B) A tank vessel in marine waters pursuant to subsection 818.01(b)(2) must be operated in accordance with the tank vessel's operations manual. In the event of an oil spill, the tank vessel operator must comply with the directions of the Administrator and the applicable contingency plan of the terminal or tanker.

   3. (3) Response Vessels.

      Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively.

   4. (4) Innocent Passage.

      Contingency plans are not required for vessels engaged in innocent passage (as defined in section 790 of this subdivision) within the marine waters of California.

Note: Authority cited: Section 8670.28, Government Code. Reference: Sections 8670.30, 8670.33 and 8670.34, 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 section and Note 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 subsection (a) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).

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

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