California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 4 - Office of Spill Prevention and Response
Chapter 2 - Financial Responsibility
Section 791.7 - Procedures for Application for California Certificate of Financial Responsibility
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The following application forms shall be used to obtain a certificate:
(b) These forms shall collectively be referred to as applications and are incorporated by reference herein.
Courier Service:
DEPARTMENT OF FISH AND WILDLIFE
OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR)
1010 RIVERSIDE PARKWAY
WEST SACRAMENTO, CA 95605
U.S. Mail:
DEPARTMENT OF FISH AND WILDLIFE
OFFICE OF SPILL PREVENTION AND RESPONSE
POST OFFICE BOX 944209
SACRAMENTO, CA 94244-2090
E-Mail:
For Facilities - cacofr-facilities@wildlife.ca.gov
For tank vessels or vessels with oil as cargo - cacofr-tank@wildlife.ca.gov
For nontank vessels - cacofr-nontank@wildlife.ca.gov
(c) General Application Content and Procedures.
(d) For new or renewal applications for vessels only, any evidence submitted to demonstrate financial responsibility, and any applicable nontank vessel fees, shall be received by the Office of Spill Prevention and Response at least 10 calendar days prior to operating where a spill may impact waters of the state. After expiration of any of the methods of evidence used to demonstrate financial responsibility, documentation of the financial responsibility renewal shall be provided at least 10 calendar days before operating where a spill may impact waters of the state.
(e)
(f) Each certificate issued by the Administrator shall be valid for two years except for the following:
(g) Financial Responsibility Amounts for Tankers, Nontank Vessels, Large Tank Barges, and Owners of Oil.
(h) Financial Responsibility Amounts for Marine Facilities, Inland Facilities, Small Marine Fueling Facilities, Mobile Transfer Units, Small Tank Barges, and Vessels Carrying Oil As Secondary Cargo.
(i) Application renewals.
(j) Requests for Reconsideration.
Applicants and certificants may submit a written request to the Administrator requesting reconsideration of the amount of financial responsibility that the owner or operator must demonstrate to obtain a certificate, or any decision by the Administrator to deny issuance of a certificate or a renewal certificate. Requests must be submitted by following the process described in section 790.5 of chapter 1.
1. Change
without regulatory effect renumbering and amending former section
791 to new section
791.7 filed 7-12-95 pursuant to
section 100, title 1, California Code of
Regulations (Register 95, No. 28).
2. Change without regulatory
effect repealing subsection (e)(2)(B)2. and subsection renumbering filed
7-18-95 pursuant to section
100, title 1, California Code of
Regulations (Register 95, No. 29).
3. Change without regulatory
effect amending subsections (e)(2)(A)3., (e)(2)(B), (e)(2)(B)2., (e)(2)(C)3.
and (e)(2)(D)2. and repealing subsections (e)(2)(B)4.-5. filed 8-3-95 pursuant
to section
100, title 1, California Code of
Regulations (Register 95, No. 31).
4. Change without regulatory
effect amending subsection (a) and adding (a)(1)-(6) designators, amending
subsections (d)(1)(A)-(C), and amending forms incorporated by reference at
subsections (a)(1), (a)(2), (a)(3) and (a)(4) filed 10-21-96 pursuant to
Section 100, title 1, California Code of
Regulations (Register 96, No. 43). FG OSPR Forms 1924 (10/96), 1925 (10/96),
1926 (2/95), 1927 (2/95), 1928 (2/95), 1929 (2/95), 1930 (2/95), 1946 (2/96)
and 1947 (8/96), which are incorporated by reference in Section
791.7, were removed from print but
are still incorporated.
5. Amendment filed 11-13-97; operative
11-13-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 46).
6. Editorial correction of subsection (a)
(Register 98, No. 30).
7. Change without regulatory effect amending
subsections (a)(2), (e)(2)(B)1., and (e)(2)(D)1. filed 7-23-98 pursuant to
section 100, title 1, California Code of
Regulations (Register 98, No. 30).
8. Amendment of section and NOTE
filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
9.
Amendment of subsections (a)(1), (d) and (d)(1) and new subsections (d)(1)(D)1.
and 2. filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No.
5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or
emergency language will be repealed by operation of law on the following
day.
10. Reinstatement of section as it existed prior to 2-4-2000
emergency amendment by operation of Government Code section
11346.1(f)
(Register 2000, No. 31).
11. Amendment of subsection (a)(2),
repealer of subsection (d)(1)(A), subsection relettering, amendment of newly
designated subsection (d)(1)(B)2., new subsections (d)(1)(C)-(d)(1)(C)8. and
repealer and new NOTE filed 12-21-2000 as an emergency; operative 12-21-2000
(Register 2000, No. 51). A Certificate of Compliance must be transmitted to OAL
by 4-20-2001 or emergency language will be repealed by operation of law on the
following day.
12. Amendment of subsections (a)(2) and (d)-(d)(1),
repealer of subsections (d)(1)(A) and (d)(1)(D), subsection relettering, new
subsections (d)(1)(C)-(d)(1)(C)8. and repealer and new NOTE refiled 4-16-2001
as an emergency, including further amendment of subsections (d)(1)(C)2.-5.;
operative 4-16-2001 (Register 2001, No. 16). A Certificate of Compliance must
be transmitted to OAL by 8-14-2001 or emergency language will be repealed by
operation of law on the following day.
13. Certificate of Compliance
as to 4-16-2001 order, including further amendment of section, transmitted to
OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).
14. Change
without regulatory effect amending subsections (d)(1)(C)6. and (d)(1)(C)8. and
amending NOTE filed 6-24-2002 pursuant to section
100, title 1, California Code of
Regulations (Register 2002, No. 26).
15. Change without regulatory
effect amending subsections (a)(1)-(2) and (a)(4) filed 7-25-2002 pursuant to
section 100, title 1, California Code of
Regulations (Register 2002, No. 30).
16. Amendment of subsections
(a)(2) and (c)(5), new subsections (c)(5)(A)-(C), repealer of subsections
(d)(1)(B)1. and (d)(1)(C)7., subsection renumbering, redesignation and
amendment of portion of subsection (d)(1)(C) as subsection (d)(2), subsection
renumbering and amendment of subsection (f)(3) filed 11-21-2002 as an
emergency; operative 1-1-2003 (Register 2002, No. 47). A Certificate of
Compliance must be transmitted to OAL by 5-1-2003 or emergency language will be
repealed by operation of law on the following day.
17. Editorial
correction of subsection (d)(1)(B)1. (Register 2002, No. 49).
18.
Amendment of subsections (a)(2) and (c)(5), new subsections (c)(5)(A)-(C),
repealer of subsections (d)(1)(B)1. and (d)(1)(C)7., subsection renumbering,
redesignation and amendment of portion of subsection (d)(1)(C) as subsection
(d)(2), subsection renumbering and amendment of subsection (f)(3) refiled
4-30-2003 as an emergency; operative 5-2-2003 (Register 2003, No. 18). A
Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency
language will be repealed by operation of law on the following
day.
19. Certificate of Compliance as to 4-30-2003 order, including
further amendment of section and NOTE, transmitted to OAL 5-15-2003 and filed
6-26-2003 (Register 2003, No. 26).
20. Change without regulatory
effect amending subsections (a)(1)-(5) and forms OSPR-1924, OSPR-1925,
OSPR-1946, OSPR-1947 and OSPR-1972 (incorporated by reference) filed 8-21-2003
pursuant to section
100, title 1, California Code of
Regulations (Register 2003, No. 34).
21. Amendment of subsections
(a)(1)-(5) filed 4-17-2006; operative 5-17-2006 (Register 2006, No.
16).
22. Change without regulatory effect amending subsection (a)(2)
and form FG OSPR-1972 (incorporated by reference) filed 6-5-2006 pursuant to
section 100, title 1, California Code of
Regulations (Register 2006, No. 23).
23. Amendment of subsections
(a)(1)-(5), (a)(7) and (c)(7)(A)-(B), new subsections (c)(7)(C)-(D), amendment
of subsections (f)(1)-(2) and amendment of NOTE filed 10-9-2008; operative
11-8-2008 (Register 2008, No. 41).
24. Change without regulatory
effect amending subsections (a)(1)-(3) and FG OSPR Forms 1924, 1925 and 1972
(incorporated by reference) filed 3-2-2009 pursuant to section
100, title 1, California Code of
Regulations (Register 2009, No. 10).
25. Amendment of subsections
(a)(1)-(4) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code
section
11343.4
(Register 2010, No. 5).
26. Editorial correction of HISTORY 25
(Register 2010, No. 6).
27. Amendment of subsections (a), (c)(8)(B),
(e)(1), (e)(2)(B)1. and (f)(1)-(2), new subsection (f)(3), subsection
renumbering and repealer of subsections (h)-(h)(2) filed 7-14-2011; operative
8-13-2011 (Register 2011, No. 28).
28. Amendment of subsection
(a)(2) and form FG OSPR-1972 (incorporated by reference) filed 11-22-2011 as an
emergency; operative 1-1-2012 pursuant to Government Code section
11346.1(d)
(Register 2011, No. 47). A Certificate of Compliance must be transmitted to OAL
by 6-29-2012 or emergency language will be repealed by operation of law on the
following day.
29. Amendment of subsections (a) and (a)(7) and
repealer of subsections (c)(9)-(c)(9)(C) filed 4-3-2012; operative 5-3-2012
(Register 2012, No. 14).
30. Certificate of Compliance as to
11-22-2011 order transmitted to OAL 3-20-2012 and filed 5-1-2012 (Register
2012, No. 18).
31. Change without regulatory effect amending
subsections (c)(5)(A)-(C) filed 6-25-2012 pursuant to section
100, title 1, California Code of
Regulations (Register 2012, No. 26).
32. Change without regulatory
effect amending agency bank account number on form FG OSPR-1972 (incorporated
by reference) and amending subsection (a)(2) filed 7-10-2014 pursuant to
section 100, title 1, California Code of
Regulations (Register 2014, No. 28).
33. Amendment of subsections
(a)(1)-(5), new subsection (a)(6), subsection renumbering, amendment of newly
designated subsection (a)(8), new subsection (c)(7), subsection renumbering,
amendment of newly designated subsection (c)(8)(A), repealer of newly
designated subsection (c)(8)(B) and subsection relettering filed 12-16-2014;
operative 4-1-2015 (Register 2014, No. 51).
34. Amendment of section
and NOTE filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL
for printing only pursuant to Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, shall not
be subject to OAL review, and shall remain in effect for twelve months or until
readopted, whichever is earlier (Register 2015, No. 36).
35.
Amendment of section and NOTE refiled 9-1-2016 as an emergency; operative
9-1-2016. Submitted to OAL for printing only pursuant to Government Code
section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, shall not
be subject to OAL review, and shall remain in effect for twelve months or until
readopted, whichever is earlier (Register 2016, No. 36).
36.
Amendment of section and NOTE refiled 8-7-2017 as an emergency; operative
8-7-2017. Submitted to OAL for printing only pursuant to Government Code
section
8670.7.5,
which provides that the regulation shall be deemed an emergency, shall be
exempt from describing facts showing the need for immediate action, shall not
be subject to OAL review, and shall remain in effect for twelve months or until
readopted, whichever is earlier (Register 2017, No. 32).
37.
Amendment of section and NOTE refiled 7-30-2018 as an emergency, including
amendment of subsections (a)(8) and (c)(8)(A); operative 7-30-2018. Submitted
to OAL for printing only pursuant to Government Code section
8670.7.5,
which provides that the regulation shall be deemed an emergency and not subject
to OAL review, and shall remain in effect for twelve months or until readopted,
whichever is earlier (Register 2018, No. 31).
38. Certificate of
Compliance as to 7-30-2018 order, including amendment of section and NOTE,
transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective
1-1-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2018, No. 51).
39. Amendment of subsections (a)(2),
(b)(1), (c)(3), (c)(6)-(c)(6)(C), (e)(2) and (g)(1)(A), repealer of subsection
(g)(1)(B)1., amendment of subsections (g)(1)(C), (g)(1)(C)5., (g)(1)(C)7. and
(j)(1) filed 9-23-2021; operative 10-1-2021 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 39). 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.
40. Amendment
of subsections (h)(1)(A)3., (h)(1)(B)2., (h)(1)(C)2., (h)(1)(E)2. and (j) and
repealer of subsections (j)(1)-(3) filed 7-5-2022; operative 10-1-2022
(Register 2022, No. 27).
Note: Authority cited: Sections 8670.7.5, 8670.37.53 and 8670.41, Government Code. Reference: Sections 8670.37.53, 8670.37.54, 8670.37.58 and 8670.41, Government Code.