§ 819.02. Oil Spill Response Organization Rating Application Content.
14 CA ADC § 819.02Barclays Official California Code of RegulationsEffective: January 1, 2023
Barclays California Code of Regulations
Title 14. Natural Resources
Division 1. Fish and Game Commission--Department of Fish and Game (Refs & Annos)
Subdivision 4. Office of Spill Prevention and Response
Chapter 3. Oil Spill Prevention and Response Planning
Subchapter 3.5. Oil Spill Response Organization Ratings
Effective: January 1, 2023
14 CCR § 819.02
§ 819.02. Oil Spill Response Organization Rating Application Content.
(a) An individual or entity may apply for consideration as a rated oil spill response organization to provide oil spill response services and capabilities to plan holders. A written application meeting all of the applicable requirements of this section shall be delivered by mail or e-mail to the following:
DEPARTMENT OF FISH AND WILDLIFE
OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR)
ATTN: PREPAREDNESS BRANCH
P.O. BOX 944209
SACRAMENTO, CA 94244-2090
E-MAIL: [email protected]
The application shall include the applicable information for each area contingency plan or response planning area. The application shall indicate whether the response resources are OSRO-owned and controlled (as defined in section 790) or subcontracted (including subcontractor's name). The application shall also indicate whether the response resources are dedicated or non-dedicated (as defined in section 790 and described in 819.04(a)). The application shall include the following information for on-water and terrestrial response resources, as applicable, including the stored location for each item, but not limited to:
(6) For shoreline protection, a description of the boom, anchoring systems, vessels, skimmers, special equipment, trained personnel, and other response resources identified for each site or strategy in the “Protect by Hour” time frames in the Shoreline Protection Tables (as defined in section 790, and posted on the Office of Spill Prevention and Response website).
(7) Equipment inspections and maintenance must be documented and the records maintained for three years. The location of the records must be noted in the application, and all records must be available for review during verification inspections conducted by the Office of Spill Prevention and Response.
For all personnel identified as a response resource, the application shall include the following for each area contingency plan or response planning area in which a rating is requested:
(A) The number of personnel that are to be utilized for response efforts within the first six hours of a spill, their assignments during spill response, whether they are dedicated or non-dedicated response resources, and whether they are OSRO-owned and controlled or are subcontracted personnel. A list matching trained personnel by name to the equipment type and the response services offered shall be made available for review during verification inspections by the Office of Spill Prevention and Response;
1. All appropriate state and federal safety and training requirements, including the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal-OSHA) requirements for Hazardous Operations and Emergency Response, and the requirements under Title 8, California Code of Regulations, section 5192;
If response resources that form the basis for a rating are under contract from another party, and if the information required in this subsection is not listed elsewhere, the following information is required in the application:
“The information provided regarding [subcontractor] response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow Office of Spill Prevention and Response personnel access to my facility and records for the purpose of verifying the information contained in the rating application in which my assets are listed. I agree to participate in announced and unannounced drills as set forth in section 819.03 of Title 14 of the California Code of Regulations, to verify any or all of the information regarding the response resources contained in my rating application.”
The application for a rating must include the following:
(2) For each rating (as described in section 819.04) and for each response service offered, a written plan of operations or a narrative describing the call-out of the response resources within each area contingency plan or response planning area of response coverage. The plan of operations or narrative may be limited to the time frames described in section 819.04(a)(1). The description shall account for seasonal environmental conditions that may be reasonably anticipated that would hinder response efforts.
In addition, the application may include a written general plan to acquire response resources beyond these time frames.
The application shall contain the following language, signed and dated by an authorized representative of the oil spill response organization:
“The information provided regarding response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow Office of Spill Prevention and Response personnel access to my facility and equipment, prior and subsequent to receiving a rating, for the purpose of verifying the information contained in this application. I understand that all response resources identified for rating purposes are subject to verification visits. I agree to participate in announced and unannounced drills as set forth in section 819.03 of Title 14 of the California Code of Regulations, to verify any or all of the information contained in this application, prior and subsequent to receiving a rating.”
Credits
Note: Authority cited: Sections 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 8670.10, 8670.19, 8670.28 and 8670.30, Government Code.
History
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Amendment of section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
5. Amendment filed 11-14-2014; operative 1-1-2015 (Register 2014, No. 46).
6. Amendment of section and Note filed 10-12-2015 as an emergency; operative 10-12-2015. 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. 42).
7. Amendment of section and Note refiled 10-4-2016 as an emergency, including further amendment of Note; operative 10-4-2016. 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. 41).
8. 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).
9. Amendment of section and Note refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed 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).
10. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading and section, 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).
11. Amendment of subsections (a) and (g) and repealer of subsections (g)(1)-(g)(3)(B) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
12. Amendment of subsection (e)(1)(A) and new subsection (e)(5) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 819.02, 14 CA ADC § 819.02
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