§ 8670.29. — 8670.29. (Amended by Stats. 2019, Ch. 770, Sec. 5.)

(a)
In accordance with the rules, regulations, and policies established by the administrator pursuant to Section 8670.28, an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, shall have an oil spill contingency plan that has been submitted to, and approved by, the administrator pursuant to Section 8670.31. An oil spill contingency plan shall ensure the undertaking of prompt and adequate response and removal action in case of a spill, shall be consistent with the California oil spill contingency plan, and shall not
conflict with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
(b)
An oil spill contingency plan shall, at a minimum, meet all of the following requirements:
(1)
Be a written document, reviewed for feasibility and executability, and signed by the owner or operator, or their designee.
(2)
Provide for the use of a recognized incident command system to be used during a spill.
(3)
Provide procedures for reporting oil spills to local, state, and federal agencies, and include a list of contacts to call in the
event of a drill, exercise, threatened spill, or spill.
(4)
Describe the communication plans to be used during a spill, if different from those used by a recognized incident command system.
(5)
Describe the strategies for the protection of environmentally sensitive areas.
(6)
(A)
Identify at least one rated OSRO, rated pursuant to Section 8670.30. Each identified rated OSRO shall be directly responsible by contract, agreement, or other approved means to provide oil spill response activities pursuant to the oil spill contingency plan. A rated OSRO may provide spill response activities individually, or in combination with another rated OSRO, for a particular owner or operator.
(B)
Commencing January 1, 2023, if nonfloating oil is handled or transported, the contingency plan shall identify at least one OSRO rated for nonfloating oil
spill response pursuant to Section 8670.30.
(C)
For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own response equipment and personnel if the response equipment and personnel have been rated by the administrator consistent with the requirements of Section 8670.30.
(7)
Identify a qualified individual.
(8)
(A)
Identify at least one certified spill management team, certified pursuant to Section 8670.32, that is capable of managing a spill of the reasonable worst case spill volume identified in the plan. An owner or operator may demonstrate incident management capabilities with one or more spill management teams. Each identified
certified spill management team shall be directly responsible by contract, agreement, or other approved means to provide spill response activities pursuant to the oil spill contingency plan.
(B)
For purposes of this paragraph, “other approved means” includes the owner or operator relying on its own spill management team if that spill management team has been certified by the administrator consistent with the requirements of Section 8670.32.
(9)
Provide the name, address, and telephone and facsimile numbers for an agent for service of process, located within the state and designated to receive legal documents on behalf of the owner or operator.
(10)
Provide for training, drills, and exercises on elements of the plan
at least annually, with all elements of the plan subject to a drill or exercise at least once every three years.
(c)
An oil spill contingency plan for a vessel shall also include, but is not limited to, all of the following requirements:
(1)
The plan shall be submitted to the administrator at least seven days prior to the vessel entering waters of the state.
(2)
The plan shall provide evidence of compliance with the International Safety Management Code, established by the International Maritime Organization, as applicable.
(3)
If the oil spill contingency plan is for a tank vessel, the plan shall include both of the following:
(A)
The plan shall specify oil and petroleum cargo capacity.
(B)
The plan shall specify the types of oil and petroleum cargo carried.
(4)
If the oil spill contingency plan is for a nontank vessel, the plan shall include both of the following:
(A)
The plan shall specify the type and total amount of fuel carried.
(B)
The plan shall specify the capacity of the largest fuel tank.
(d)
An oil spill contingency plan for a facility shall also include, but is not limited to, all of the following provisions, as appropriate:
(1)
Provisions for
site security and control.
(2)
Provisions for emergency medical treatment and first aid.
(3)
Provisions for safety training, as required by state and federal safety laws for all personnel likely to be engaged in oil spill response.
(4)
Provisions detailing site layout and locations of environmentally sensitive areas requiring special protection.
(5)
Provisions for vessels that are in the operational control of the facility for loading and unloading.
(e)
Unless preempted by federal law or regulations, an oil spill
contingency plan for a railroad also shall include, but is not limited to, all of the following:
(1)
A list of the types of train cars that may make up the consist.
(2)
A list of the types of oil and petroleum products that may be transported.
(3)
A map of track routes and facilities.
(4)
A list, description, and map of any prestaged spill response equipment and personnel for deployment of the equipment.
(f)
The oil spill contingency plan shall be available to response personnel and to relevant state and federal agencies for inspection and review.
(g)
The oil spill contingency plan shall be reviewed periodically and updated as necessary. All updates shall be submitted to the administrator pursuant to this article.
(h)
In addition to the regulations adopted pursuant to Section 8670.28, the administrator shall adopt regulations and guidelines to implement this section. The regulations and guidelines shall provide for the best achievable protection of waters and natural resources of the state. The administrator may establish additional oil spill contingency plan requirements, including, but not limited to, requirements based on the different geographic regions of the state. All regulations and guidelines shall be developed in consultation with the Oil Spill Technical Advisory Committee.
(i)
Notwithstanding
subdivision (a) and paragraph (6) of subdivision (b), a vessel or facility operating where a spill could impact state waters that are not tidally influenced shall identify a rated OSRO in the contingency plan no later than January 1, 2016.

Legislative History

Amended by Stats. 2019, Ch. 770, Sec. 5. (AB 936) Effective January 1, 2020.