1. (2) To receive a certification, a completed application shall be submitted to the Administrator using either an Application for Certification of Plan Holder Spill Management Team form DFW 1005 (new 11/12/20) or an Application for Certification of External Spill Management Team form DFW 1006 (new 07/13/20). These forms shall collectively be referred to as applications and are incorporated by reference herein. If a plan holder relies partially or entirely on a contracted spill management team, the plan holder shall still submit an application form DFW 1005, indicating this.

2. (3) The application forms may be obtained directly from the Administrator or the website of the Office of Spill Prevention and Response. Applications shall be delivered by mail or e-mail to the following:

   DEPARTMENT OF FISH AND WILDLIFE

   OFFICE OF SPILL PREVENTION AND RESPONSE

   ATTN: PREPAREDNESS BRANCH

   P.O. BOX 944209

   SACRAMENTO, CA 94244-2090

   EMAIL: [email protected]

3. (b) Within 180 calendar days after receipt of a complete new, revision, or renewal application, the Administrator will review and verify the application. The application will be evaluated as follows:

   1. (1) To verify on-scene arrival capability described in an application, the Administrator will conduct an unannounced exercise testing the spill management team's ability to mobilize minimum personnel resources as described in section 830.4.

      1. (A) A spill management team that applies for certifications within multiple geographic regions is subject to an unannounced exercise in each region for which it applies.
      2. (B) Personnel are not required to deploy to unannounced exercises conducted to verify on-scene arrival capability.

   2. (2) To verify that the personnel qualifications described in an application meet the requirements described in section 830.5, the Administrator will request documentation of training, exercise participation, and experience. These documents shall be provided within 15 calendar days of the request. However, if at the time a new application is submitted some personnel still need training, the applicant shall submit a training plan indicating which courses will be completed by December 31 of the third full calendar year from the date of issuance of an interim certification. The Administrator will verify training records prior to issuing a full certification.

      (c)(1) If a new application is evaluated as satisfactory, as described in (b), then the Administrator will issue an interim certification indicating the tier classification for which the interim certification is valid, the geographic region where the certification applies, and the expiration date of the interim certification. A spill management team with an interim certification may be listed in a plan holder's contingency plan for purposes of satisfying contingency plan requirements.

   3. (2) A spill management team issued an interim certification shall secure a full certification by achieving the objectives specified in section 830.6 and by demonstrating that all required training specified in section 830.5 has been achieved by December 31 of the third full calendar year from the date of issuance of the interim certification. The interim certification is valid until full certification is issued, unless revoked or suspended. If full certification is not achieved, the interim certification shall automatically expire and be deemed revoked.

4. (d) If an application is evaluated as unsatisfactory as described in (b), the Administrator will issue a denial.

   1. (1) Within 15 calendar days after issuing a denial, the Administrator shall notify by mail all plan holders listing the spill management team as a provider of services of the denial.
   2. (2) Within 30 calendar days after the notification in (1), the plan holder shall identify another provider for the listed services by submitting a revised Application for Certification of Plan Holder Spill Management Team, form DFW 1005 (new 11/12/20).
   3. (3) Within 15 calendar days after receiving a revised application, the Administrator shall issue an interim certification or a denial. If a denial is issued, all contingency plans listing the spill management team will be reviewed for deficiency.
5. (e) A spill management team certification cannot be assigned, transferred, or assumed.

6. (f) Confidentiality of Submitted Documents and Information.

   A person submitting an application for certification for review and approval by the Administrator pursuant to this subchapter, may designate information in the application that the applicant considers to be a trade secret, confidential, privileged, or otherwise exempt from disclosure, by following the process described in section 790.3 of chapter 1.

(a)(1) Each person or affiliated person who intends to provide spill management team personnel to a plan holder shall be certified by the Administrator. This includes a plan holder's own personnel, personnel from persons affiliated with the plan holder, and contracted persons that provide spill management team services to plan holders. A plan holder may use a combination of its own employees, affiliated persons, and contracted spill management personnel to meet planning requirements, as stated in subsection 830.1(a)(3).

Note: Authority cited: Sections 8670.5, 8670.7.5, 8670.28, 8670.29, 8670.30 and 8670.32, Government Code. Reference: Sections 8670.7, 8670.10, 8670.19, 8670.25.5, 8670.27, 8670.28, 8670.29, 8670.30, 8670.31 and 8670.32, Government Code.

History

1. New section 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.)

2. Amendment of subsection (f) and repealer of subsections (f)(1)-(f)(3)(C) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).