CCLME.ORG - PRC Division 7.8 (commencing with PRC 8750)
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State
California
PRC Sec 8750-8760 OIL SPILL PREVENTION AND RESPONSE


PUBLIC RESOURCES CODE
SECTION 8750-8760





8750. Unless the context requires otherwise, the following
definitions govern the construction of this division:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4 of the
Government Code.
(b) "Barges" means any vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(c) (1) "Best achievable protection" means the highest level of
protection which can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods which provide the greatest degree of
protection achievable. The administrator's determination of best
achievable protection shall be guided by the critical need to protect
valuable coastal resources and marine waters, while also considering
(A) the protection provided by the measures, (B) the technological
achievability of the measures, and (C) the cost of the measures.
(2) It is not the intent of the Legislature that the administrator
use a cost-benefit or cost-effectiveness analysis or any particular
method of analysis in determining which measures to require.
Instead, it is the intent of the Legislature that the administrator
give reasonable consideration to the protection provided by the
measures, the technological achievability of the measures, and the
cost of the measures when establishing the requirements to provide
the best achievable protection for coastal and marine resources.
(d) "Best achievable technology" means that technology which
provides the greatest degree of protection taking into consideration
(1) processes which are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development, and (2) processes which are
currently in use anywhere in the world. In determining what is best
achievable technology, the administrator shall consider the
effectiveness and engineering feasibility of the technology.
(e) "Commission" means the State Lands Commission.
(f) "Local government" means any chartered or general law city,
chartered or general law county or any city and county.
(g) "Marine facility" means any facility of any kind, other than a
vessel, which is or was used for the purposes of exploring for,
drilling for, producing, storing, handling, transferring,
processing, refining, or transporting oil and is located in marine
waters, or is located where a discharge could impact marine waters
unless the facility (1) is subject to Chapter 6.67 (commencing with
Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of
Division 20 of the Health and Safety Code or (2) is placed on a farm,
nursery, logging site, or construction site and does not exceed
20,000 gallons in a single storage tank. For the purposes of this
division, a drill ship, semisubmersible drilling platform, jack-up
type drilling rig, or any other floating or temporary drilling
platform is a "marine facility." For the purposes of this division,
a small craft refueling dock is not a "marine facility."
(h) "Marine terminal" means any marine facility used for
transferring oil to or from tankers or barges. For the purposes of
this section, a marine terminal includes all piping not integrally
connected to a tank facility as defined in subdivision (k) of Section
25270.2 of the Health and Safety Code.
(i) "Marine waters" means those waters subject to tidal influence,
except for waters in the Sacramento-San Joaquin Rivers and Delta
upstream from a line running north and south through the point where
Contra Costa, Sacramento, and Solano Counties meet.
(j) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, which evaporates relatively quickly.
Specifically, it is an oil with hydrocarbon fractions, at least 50
percent of which, by volume, distills at a temperature of 645 degrees
Fahrenheit, and at least 95 percent of which, by volume, distills at
a temperature of 700 degrees Fahrenheit.
(k) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
(l) "Onshore facility" means any facility of any kind which is
located entirely on lands not covered by marine waters.
(m) "Operator" when used in connection with vessels, marine
terminals, pipelines, or facilities, means any person or entity which
owns, has an ownership interest in, charters, leases, rents,
operates, participates in the operation of or uses that vessel,
terminal, pipeline, or facility. "Operator" does not include any
entity which owns the land underlying the facility or the facility
itself, where the entity is not involved in the operations of the
facility.
(n) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, limited liability company, and association.
"Person" also includes any city, county, city and county, district,
and the state or any department or agency thereof, and the federal
government, or any department or agency thereof, to the extent
permitted by law.
(o) "Pipeline" means any pipeline used at any time to transport
oil.
(p) "Responsible party" or "party responsible" means either of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility or a person or entity accepting
responsibility for the vessel or marine facility.
(q) "Small craft refueling dock" means a fixed facility having
tank storage capacity not exceeding 20,000 gallons in any single
storage tank and that dispenses nonpersistent oil to small craft.
(r) "Spill" or "discharge" means any release of at least one
barrel (42 gallons) of oil not authorized by any federal, state, or
local government entity.
(s) "State oil spill contingency plan" means the California oil
spill contingency plan prepared pursuant to Article 3.5 (commencing
with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(t) "Tanker" means any self-propelled, waterborne vessel,
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.
(u) "Vessel" means a tanker or barge as defined in this section.



8751. Notwithstanding any other provision of law, this division
shall be applicable to all terminals, pipelines, facilities, vessels,
and activities in the state, whether on lands that have been
legislatively granted to local governments or on lands which remain
ungranted.


8752. No tanker or barge may use any marine facility in the state
unless the tanker or barge is in compliance with all applicable
federal and state laws and regulations governing equipment,
personnel, construction, financial responsibility, and operations
relating to the prevention of oil spills.



8753. All rules, regulations, and guidelines required pursuant to
this chapter shall be adopted by January 1, 1992.



8754. (a) The administrator may prohibit an owner or operator of a
marine terminal from delivering or accepting oil to or from any
tanker or barge if the administrator finds, after noticed hearing,
that the owner or operator has violated this chapter and that
previous convictions, judgments, or settlements for those violations
occurred during the prior three years and meet all of the following
criteria:
(1) The violations have not been corrected or reasonable progress
toward correction has not been achieved.
(2) The violations demonstrate a recurring pattern of
noncompliance.
(3) The violations pose, or have posed, a significant risk to
public health and safety or to the environment.
(b) The administrator shall not order the termination of
operations pursuant to subdivision (a) if the decision to deny is
based, in whole or in part, on violations that were resolved through
a settlement, unless the administrator presents substantial evidence
proving that the violations did occur and the applicant is then given
the opportunity to rebut the evidence of the administrator.
(c) The administrator may allow terminals to resume transfers to
and from the tankers or barges described if, after noticed hearing,
the administrator is satisfied that the owner or operator has
corrected all violations and will comply with all of the provisions
of this division.



8755. (a) The administrator and the executive officer of the
commission shall confer and propose, and the commission shall adopt,
rules, regulations, guidelines, and commission leasing policies for
reviewing the location, type, character, performance standards, size,
and operation of all existing and proposed marine terminals within
the state, whether or not on lands leased from the commission, and
all other marine facilities on lands under lease from the commission
to minimize the possibilities of a discharge of oil. Rules,
regulations, and guidelines adopted by the commission shall not
conflict with regulations of the administrator or the Coast Guard.
The commission shall ensure that the rules, regulations, guidelines,
and commission lease covenants provide the best achievable protection
of public health and safety and the environment. Any rules,
regulations, and guidelines governing the location of a marine
terminal on lands under lease from a local government or port
district shall not include provisions for review by the commission
of any specific location, provided the location chosen or approved by
the local government meets standards specified in the rules,
regulations, and guidelines.
(b) This section shall not apply to any aboveground oil storage
tank located entirely onshore which is subject to inspection programs
and regulation under Chapter 6.67 (commencing with Section 25270) of
Division 20 of the Health and Safety Code. This section shall
include pipelines that are within or part of marine terminals. This
section shall not apply to pipelines that are used exclusively to
transport petroleum products and are subject to the jurisdiction of
the State Fire Marshal under either state or federal law.
(c) The commission shall consult with the administrator, the State
Interagency Oil Spill Committee, and other affected local and
federal agencies with respect to the rules, regulations, and
guidelines. The consultation with the administrator shall ensure, at
a minimum, consistency with the requirements for vessels that the
administrator adopts under Section 8670.17 of the Government Code.



8756. The commission shall periodically review and accordingly
modify its rules, regulations, guidelines, and commission leasing
policies to ensure that all operators of marine terminals within the
state and marine facilities under the commission's jurisdiction
always provide the best achievable protection of the public health
and safety, and the environment. This section shall not apply to
pipelines that are used exclusively to transport petroleum products
and are subject to the jurisdiction of the State Fire Marshal under
either state or federal law.



8757. (a) The commission shall inspect or cause to be inspected, on
a regular basis, all marine facilities, along with associated
equipment and shall monitor their operations and the effects on
public health, safety, and the environment. These inspection and
monitoring activities shall, to the greatest extent possible, be
coordinated with federal, state, and local agencies having lawful
jurisdiction. The commission shall maintain a record of these
activities for each marine facility.
(b) Any such inspection conducted under this chapter shall be
coordinated to the maximum extent with other state, federal, and
local agencies. The commission is specifically encouraged to enter
into agreements that would permit other agencies with existing
inspection programs, including, but not limited to, the Division of
Oil and Gas, the California Coastal Commission, and the State Water
Resources Control Board, to conduct the inspections required in this
chapter. This section does not apply to pipelines that are used
exclusively to transport petroleum products and are subject to the
jurisdiction of the State Fire Marshal under either state or federal
law.


8758. (a) Each operator of a marine facility shall prepare an
operations manual describing equipment and procedures which the
operator employs or will employ to protect public health and safety,
and the environment and to prevent oil spills. The operations manual
shall also describe equipment and procedures required for all
vessels to or from which oil is transferred through use of the marine
facility. The operations manual shall be submitted for approval to
the commission.
(b) Every existing operator shall submit a manual within one year
after the commission has adopted a program of rules, regulations, and
guidelines as specified in this section.
(c) The commission shall approve the operations manual if the
manual meets the governing rules, regulations, and guidelines adopted
pursuant to subdivision (b). The commission shall deny approval of
the operations manual if the commission finds the operations manual
is not consistent with the rules, regulations, and guidelines. If
the commission denies approval, it shall provide written reasons for
its decision. The operator shall, within 90 days, submit a new
manual responding to the reason for refusal and incorporating any
suggested modifications.
(d) The operations manual shall be updated as necessary pursuant
to the findings in the hazards and operability study or as when
facility operations or technology change.
(e) The commission may require modification of the operations
manual of any operator within its jurisdiction if the commission
finds that the manual is no longer consistent with the rules,
regulations, and guidelines adopted pursuant to subdivision (b).
(f) Once an operator's operations manual has been approved, all
equipment and operations of the operator's marine facility shall be
maintained or be carried out in accordance with the operations
manual.
(g) All vessels docked at any marine facility in the state shall
comply with the terms of the operations manual of the marine
facility.
(h) The commission shall report to the administrator each marine
facility whose operations manual is denied after the second
submission. Failure to gain approval after the second submission may
be determined by the administrator to be a violation of Chapter 7.4
(commencing with Section 8670.1) of Division 1 of Title 2 of the
Government Code. The administrator shall take any action he or she
determines to be necessary.
(i) This section does not apply to pipelines that are used
exclusively to transport petroleum products and are subject to the
jurisdiction of the State Fire Marshal under either state or federal
law.



8759. The commission shall be reimbursed from the Oil Spill
Prevention and Administration Fund for reasonable expenses undertaken
under this division.


8760. The commission shall consult with the administrator, other
state agencies, and agencies of the federal government, such as the
United States Coast Guard and the Department of Transportation, to
the maximum extent feasible, before undertaking actions pursuant to
this division.