1. (a) For the purpose of this section only, the term “discharge threat” means an apparent or threatened violation of regulations which, if unabated, would directly cause or substantially increase the risk of an unauthorized discharge of oil into marine waters at a terminal.

   1. (2) Upon receiving notification of a discharge threat, the TPIC or VPIC, as appropriate, shall take immediate action to eliminate the threat, either by correcting the apparent or threatened violation or by suspending transfer operations until the apparent or threatened violation is corrected.

   (b)(1) In the event that an authorized agent or employee of the Division determines that there is a discharge threat, the agent or employee shall immediately notify the TPIC or VPIC, as appropriate, of the discharge threat.

2. (c) If the TPIC or VPIC does not take immediate action to eliminate the discharge threat, either by correcting the apparent or threatened violation or by suspending transfer operations until the apparent or threatened violation is corrected, then:

   1. (1) The authorized agent or employee shall notify the Division of the immediate threat; and

   2. (2) The Division shall then immediately notify:

      1. 1. The U.S. Coast Guard;
      2. 2. The Administrator; and
      3. 3. The District Attorney of the County in which the terminal is located.
   3. (3) The Division or the Executive Officer may also take whatever legal action is necessary and appropriate to obtain an order from the superior court having jurisdiction over the terminal to abate the discharge threat without first complying with the provisions of § 2407 of this Article 5.

Note: Authority cited: Sections 8750, 8751, 8755 and 8760, Public Resources Code. Reference: Sections 8670.66, 8670.67 and 8670.69.4, Government Code; and Sections 8750, 8751, 8755 and 8760, Public Resources Code.

History

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).