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 793 - Certificate Requirements for Oil Transfers at Marine Terminals and Active Offshore Marine Facilities
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Each owner or operator of a marine terminal within the state may only transfer oil to or from a tank vessel or vessel carrying oil as secondary cargo following receipt and verification of a copy of the certificate of financial responsibility issued by the Administrator to the owner or operator of the vessel, or from the owner of or person accepting responsibility for all of the oil contained in the vessel, as well as all the oil to be transferred to or from the vessel.
(b) Each marine terminal owner or operator may only transfer oil to or from a vessel which is used for, or is intended to be used for, transferring oil as cargo to or from a second vessel located within twelve miles of the California shoreline, following receipt and verification of a copy of the certificates issued for both vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.
(c) Each marine terminal owner or operator shall be determined to have met the verification requirements set forth in subsections (a) and (b) of this section, when, at the time of oil transfer, the marine terminal owner or operator has:
(d) The owner or operator of the marine terminal must retain a copy of the certificates obtained in accordance with (b) and (c) for a period of not less than one year.
(e) Owners or operators of mobile transfer units used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this subchapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code section 8670.56.6.
(f) Special procedures for owners or operators of offshore marine facilities engaged in drilling operations:
1. New
section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3).
A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency
language will be repealed by operation of law on the following
day.
2. Repealed by operation of law and new section filed 12-13-91
as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of
Compliance must be transmitted to OAL 4-13-92 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of
Compliance as to 12-13-91 order including amendment of subsections (a), (c) and
(i) transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No.
22).
4. Amendment of section heading, section and NOTE filed
3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without
regulatory effect amending subsections (i) and (l)(1)filed 7-12-95 pursuant to
section 100, title 1, California Code of
Regulations (Register 95, No. 28).
6. Amendment of section heading
and section filed 11-13-97; operative 11-13-97 pursuant to Government Code
section
11343.4(d)
(Register 97, No. 46).
7. Amendment of NOTE filed 6-26-2003;
operative 6-26-2003 (Register 2003, No. 26).
8. Amendment of
subsections (a), (e)-(g) and (h) filed 4-17-2006; operative 5-17-2006 (Register
2006, No. 16).
9. Repealer of subsection (c), subsection relettering
and amendment of NOTE filed 7-14-2011; operative 8-13-2011 (Register 2011, No.
28).
10. Amendment of section heading and subsections (a)-(b) and
(h) and amendment of 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).
11.
Amendment of section heading and subsections (a)-(b) and (h) and amendment of
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).
12.
Amendment of section heading and subsections (a)-(b) and (h) and amendment of
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).
13.
Amendment of section heading and subsections (a)-(b) and (h) and amendment of
NOTE refiled 7-30-2018 as an emergency, including amendment of subsections (f),
(f)(2)-(3), (g) and (k)(1)-(2); 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).
14. Certificate of
Compliance as to 7-30-2018 order, including amendment of section heading,
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).
15. Amendment of subsection (f)(2) 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.
Note: Authority cited: Sections 8670.7.5, 8670.37.51, 8670.37.53, 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.54, 8670.37.55, 8670.37.56, 8670.37.57 and 8670.56.6, Government Code.