1. (a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged:

   1. (1) in the transfer operation work area and poses a threat of spilling into marine waters; or
   2. (2) into the water or upon the adjoining shoreline in the transfer area.

2. (b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under paragraph (a) of this section, unless:

   1. (1) the source of the spill has been secured;
   2. (2) the oil discharged in the oil transfer operation work area is cleaned up;
   3. (3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and
   4. (4) both persons in charge agree to resume the oil transfer operations.
3. (c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate.

Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, 8670.14 and 8670.25, Government Code.

History

1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of Note and filed 7-12-94 (Register 94, No. 28).

3. Renumbering of former section 844.4 to section 844.7 and new section filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).