(a) Petitions for Alternatives.
(1) Any person subject to these regulations may submit a petition to the Division Chief for alternatives to the requirements of Article 4.8 as applied to the petitioner.
(2) All petitions for alternatives must be submitted in writing. A petition may be in any written form, but it must contain all data and information necessary to evaluate its merits to fulfill the purposes of these regulations to move the State expeditiously toward elimination of the discharge of nonindigenous species into the waters of the State, or into waters that may impact the waters of the State, based on the best available technology economically achievable.
(3) All petitions for alternatives must be submitted and must receive approval prior to the vessel's arrival to a California port.
(b) Response to Petitions. The Division Chief shall respond in writing to any petition for alternatives within thirty days of receipt of the petition.
(c) Approval of Alternatives.
(1) The Division Chief may approve any proposed alternatives to the requirements of Article 4.8 if she or he determines that the proposed alternatives will fulfill the purpose of these regulations as outlined in section 2298.1(a).
(2) If the Division Chief approves any proposed alternatives under this section, a letter of approval shall be issued to the petitioner setting forth the findings upon which the approval is based.
(3) The Division Chief may withdraw the letter of approval of any alternative requirements at any time if he or she finds that the person or persons subject to these regulations have not complied with the approved alternative requirements.
(4) Withdrawal of a letter of approval under this section shall be effective upon receipt by the petitioner of written notification of the withdrawal from the Division Chief.
Note: Authority cited: Sections 71201.7 and 71204.6, Public Resources Code. Reference: Sections 71204, 71204.6 and 71205, Public Resources Code.
1. New section filed 8-14-2017; operative 10-1-2017 (Register 2017, No. 33).
This database is current through 3/17/23 Register 2023, No. 11.
Cal. Admin. Code tit. 2, § 2298.9, 2 CA ADC § 2298.9