1. (a) A nontank vessel of 300 gross tons or greater must not operate in marine waters unless the owner or operator has an oil spill contingency plan prepared and submitted in accordance with this subchapter for the geographic regions (as defined in section 790 of this subdivision) the nontank vessel transits. A nontank vessel 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 (as defined in section 790 of this subdivision) 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 remains valid unless revoked and is deemed to meet the requirements of this subchapter for three years from the date of the letter's issuance.

      1. (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 shall be the appropriate tier classification, pursuant to section 830.3 of subchapter 5.
      2. (A) The spill management team may have an interim certification.
      3. (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.
      4. (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.
      5. (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 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.
      6. (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 nontank vessel or unload oil from a nontank 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 nontank vessel owner or operator must provide the owner or operator of the marine facility or vessel providing fuel with a certified copy of the letter acknowledging the receipt of the nontank vessel's oil spill contingency plan by the Administrator, if the owner or operator of the marine facility or vessel providing fuel does not already have such a letter on file;
   2. (2) After approval of the initial submittal of the contingency plan, the nontank vessel owner or operator must provide the owner or operator of the marine facility or vessel providing fuel with a copy of the letter approving the current oil spill contingency plan for that nontank vessel if the owner or operator of the marine facility or vessel providing fuel does not already have such a letter on file;
   3. (3) The nontank vessel owner or operator must notify the owner or operator of the marine facility or vessel providing fuel of any change in the approval status not reflected by the letter on file at that marine facility; and
   4. (4) The owner or operator of the nontank vessel must certify that a complete copy of the initial response activity manual for that nontank vessel is on board the nontank vessel.
3. (c) 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.
4. (d) Nothing in this subchapter, in any manner or respect, impairs or limits the authority of the California Coastal Commission or San Francisco Bay Conservation and Development 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 (Title 16 United States Code section 1451 et seq.). Nor does this subchapter impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development 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. Nor does this subchapter, in any manner or respect, impair or limit the authority of the California Coastal Commission to ensure that development activities or projects, in which nontank vessels under 300 gross tons are involved, are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Act.
5. (e) All plans must be written in English, and the initial response activity manual portion must also be in a language that is understood by all crew members responsible for carrying out the plan.

Note: Authority cited: Sections 8670.28, 8670.29 and 8670.32, Government Code. Reference: Sections 8670.28, 8670.29, 8670.31 and 8670.32, Government Code.

History

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).

2. Amendment of subsection (a), repealer of subsection (a)(5) and amendment of subsection (d) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).

3. Amendment of subsection (c) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).

4. Amendment of subsection (a), new subsections (a)(1)-(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.)

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