1. (a) Plans.

   Unless nontank 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 subchapter by all nontank vessels, 300 gross tons or greater, which transit in marine waters (as defined in section 790 of this subdivision).

2. (b) Exemptions.

   1. (1) Contingency plans are not required for non-self propelled nontank vessels that do not carry any oil.

   2. (2) This subchapter does not apply to a nontank vessel that enters marine waters 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) The nontank vessel must leave marine waters as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation.

   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 nontank vessels engaged in innocent passage (as defined in section 790 of this subdivision) within marine waters.

Note: Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28 and 8670.29, 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 Note filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).

3. Amendment of subsection (b)(4) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).

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