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(1) The submarine hose has not been lifted within 15 days of the last previous transfers; or
(2) There has been a passage of a storm or seismic event affecting the area which may have damaged or covered the submarine hose.
(f) Pipeline Requirements.
(1) At all times, offshore terminals shall have the capability of drawing and maintaining a vacuum on all submarine pipelines containing oil.
(2) At all times during mooring and unmooring operations at offshore terminals, a vacuum shall be maintained on all submarine pipelines containing oil which do not lead to a berth where another vessel is already moored and which:
(A) Serve the berth where the vessel is being moored or unmoored; or
(B) Are in or near the approach path of the vessel being moored or unmoored.
(g) Underkeel Clearance.
Each tank vessel or barge that conducts or is intending to conduct a transfer operation at an offshore terminal shall at all times during the transfer operation and under all conditions have a net underkeel clearance of at least six (6) feet from the sea-floor and any known obstructions.
(h) Bathymetric Surveys.
Offshore terminals shall conduct annual bathymetric surveys of the berth and maneuvering areas adjacent to the berth.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Section 8670.17, Government Code; Sections 8750, 8751, and 8755, Public Resources Code.
s 2395. Spill Containment for Transfer Operations.
(a) Applicability.
The provisions of this section apply to:
(1) All transfer operations where the oil transferred is a persistent oil; and
(2) All transfer operations into vessel's tanks containing persisent oil or residues of persistent oil.
(b) General.
(1) For the purpose of this section and section 2396, "persistent oil" means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. "Non-persistent oil" means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly; specifically, 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.
(2) For the purpose of this section and section 2396, the term "boom" means flotation boom or other effective barrier containment material suitable for containment of oil that is discharged onto the surface of the water.
(3) For the purpose of this section and section 2396, an "offshore marine terminal subject to high velocity currents" means an onshore terminal at which the maximum current velocities are 1.5 knots or greater for the majority of the days in the calendar year.
(c) Vessel Loading Operations at Onshore Terminals.
(1) Prior to commencement of each transfer operation from the terminal to the vessel at an onshore terminal, the terminal operator shall deploy boom to enclose the water surface surrounding the vessel so as to provide common containment area for:
(A) The entire vessel at the waterline; and
(B) Either of the following:
1. The entire dock; or
2. Portions of the dock where oil may spill into the water.
(2) To meet the requirements of subsection (c)(1)(B) of this section, where the face of the dock is capable of acting as an effective barrier on the inboard side of the vessel, the boom on that side may be deployed so that it provides containment between the vessel and the dock.
(3) The boom shall be deployed so that it provides a stand-off of not less than 4 feet from the outboard side of the vessel.
(4) For onshore marine terminals subject to high velocity currents, the terminal operator may provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a standby condition at the berth for the duration of the entire transfer operation, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill as an alternative to the requirements set forth in subsections (c)(1) and (c)(2) of this section.
(d) Vessel Offloading Operations at Onshore Terminals.
(1) Prior to commencement of each transfer operation from the vessel to the terminal at an onshore terminal, the terminal operator shall deploy boom to enclose the water surface on the inboard side of the vessel, so as to provide common containment area for:
(A) The vessel's entire inboard length, at the waterline; and
(B) Either of the following:
1. The entire dock; or
2. Portions of the dock where oil may spill into the water.
(2) Where the face of the dock is capable of acting as an effective barrier, the boom shall be deployed so that it provides containment between the vessel and the dock.
(3) For onshore marine terminals subject to high velocity currents, the terminal operator may provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a standby condition at the berth for the duration of the entire transfer operation, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill as an alternative to the requirements set forth in subsections (d)(1) and (d)(2) of this section.
(e) Transfer Operations at Offshore Terminals.
Prior to commencement of each transfer operation at offshore terminals, the terminal operator shall provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a stand-by condition at the berth, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill.
Note: Authority cited: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code. Reference: Section 8670.28, Government Code; and Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.
s 2396. Spill Containment for Ballasting or Deballasting Operations for Tank Vessels at Marine Terminals.
(a) Applicability.
The provisions of s 2396 apply to tank vessels conducting ballasting or deballasting operations at terminals where any part of the cargo on board or any part of the cargo last carried is a persistent oil. These provisions do not apply to ballasting operations to a tank vessel's segregated ballast tanks.
(b) Tank Vessel Ballasting or Deballasting Alongside Onshore Terminals.
(1) Prior to commencement of any ballasting or deballasting operation at an onshore terminal, the terminal operator shall ensure that boom is deployed or maintained in a standby condition, as appropriate, as specified in subsections (c) or (d) of section 2395.
(2) At onshore terminals not subject to high velocity currents, where the tank vessel uses the sea valves on the outboard side of the vessel, the booming shall conform to the requirements of subsections (c)(1), (c)(2) and (c)(3) of section 2395. Where the sea valves on the terminal side of the vessel are used, the booming shall conform to the requirements of subsections (d)(1) and (d)(2) of section 2395.
(c) Tank Vessel Ballasting or Deballasting at Offshore Terminals.
Prior to commencement of any ballasting or deballasting operation at an offshore terminal, the terminal operator shall ensure that the provisions of subsection (e)(2) of section 2395, have been complied with.
Note: Authority cited: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code. Reference: Section 8670.28, Government Code; and Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.
s 2400. Mitigation Monitoring Requirements.
If an environmental review is or has been conducted for all or any part of a terminal or for terminal operations pursuant to Sections 21002 through 21082.2 of the Public Resources Code and Title 14, California Code of Regulations, Sections 15000 et seq., and a lead or responsible agency requires compliance with mitigation measures as a condition for installation or operation of that terminal, then:
(a) The terminal operator shall comply with the required mitigation measures; and
(b) If the mitigation measures relate to operation of the terminal, both the mitigation measures and monitoring program required shall be incorporated into the terminal operations manual.
Note: Authority cited: Sections 8750, 8751, 8755 and 8758, Public Resources Code. Reference: Sections 21002, 21004, 21067, 21069, 21081 and 21082.2, Public Resources Code; Sections 15051, 15052, and 15386, Title 14, California Code of Regulations.
s 2405. Notifications Regarding Apparent or Threatened Violations.
(a) Authorized Agents or Employees.
(1) For the purposes of Sections 2405 and 2406, each of the following shall be referenced as an "authorized agent or employee" of the Division:
(A) The Executive Officer of the Commission;
(B) The Assistant Executive Officer of the Commission;
(C) The Division Chief;
(D) The Assistant Chief of the Division;
(E) The Marine Terminal Safety Field Operations Supervisor of the Division;
(F) Any Marine Terminal Safety Supervisor of the Division;
(G) Any Marine Terminal Safety Specialist of the Division;
(H) Any Marine Terminal Safety Inspector of the Division; or
(I) Any other staff as designated by the Executive Officer or Division Chief.
(2) Any and all of the referenced agents or employees listed in subsection (a)(1) of this section are authorized to make a determination as to apparent or threatened violations, as defined in Section 2315, subsection (b) and subsection (x) of Article 5.
(b) Apparent or Threatened Violations: Reporting and Records.
(1) In the event that an authorized agent or employee of the Division determines that there is an apparent or threatened violation, he or she shall notify the TPIC or VPIC, as appropriate, of the apparent or threatened violation as soon as he or she has an opportunity to do so.
(2) Each and every authorized agent or employee of the Division shall report to the Division any and all apparent or threatened violations.
(3) The Division shall maintain records of all reported violations for a period of not less than five (5) years.
(4) The Division shall, upon request, make available to the Administrator or the U.S. Coast Guard copies of records of violations.
Note: Authority cited: Sections 8750, 8751, 8755 and 8760, Public Resources Code. Reference: Sections 8670.66, 8670.67 and 8670.69.4, Government Code; and Sections 8750, 8751, 8755 and 8760, Public Resources Code.
s 2406. Notifications Regarding Discharge Threat.
(a) For the purpose of this section only, the term "discharge threat" means an apparent or threatened violation of regulations which, if unabated, would directly cause or substantially increase the risk of an unauthorized discharge of oil into marine waters at a terminal.
(b)(1) In the event that an authorized agent or employee of the Division determines that there is a discharge threat, the agent or employee shall immediately notify the TPIC or VPIC, as appropriate, of the discharge threat.
(2) Upon receiving notification of a discharge threat, the TPIC or VPIC, as appropriate, shall take immediate action to eliminate the threat, either by correcting the apparent or threatened violation or by suspending transfer operations until the apparent or threatened violation is corrected.
(c) If the TPIC or VPIC does not take immediate action to eliminate the discharge threat, either by correcting the apparent or threatened violation or by suspending transfer operations until the apparent or threatened violation is corrected, then:
(1) The authorized agent or employee shall notify the Division of the immediate threat; and
(2) The Division shall then immediately notify:
1. The U.S. Coast Guard;
2. The Administrator; and
3. The District Attorney of the County in which the terminal is located.
(3) The Division or the Executive Officer may also take whatever legal action is necessary and appropriate to obtain an order from the superior court having jurisdiction over the terminal to abate the discharge threat without first complying with the provisions of s 2407 of this Article 5.
Note: Authority cited: Sections 8750, 8751, 8755 and 8760, Public Resources Code. Reference: Sections 8670.66, 8670.67 and 8670.69.4, Government Code; and Sections 8750, 8751, 8755 and 8760, Public Resources Code.
s 2407. Enforcement Procedures.
(a) For purposes of this section, the term, "cited party," means the person or entity which appears to have committed a violation of a provision or provisions of this Article 5 or Article 5.3.
(b) Classifications of violations:
(1) All violations of provisions of this article 5 and Article 5.3 shall be considered within one of three classes:
(A) Class 1: Violations each of which could not directly result in a discharge of oil or pose a threat to public health and safety and the environment
(B) Class 2: Violations each of which could result in a discharge of oil or pose a threat to public health and safety and the environment under certain circumstances, in combination with other violations or over time.
(C) Class 3:
1. Violations each of which could, by itself, directly result in a discharge of oil or pose a threat to public health and safety and the environment; or
2. Violations of Section 2320, sub. (c), concerning access by the Division to the terminal, terminal records, or vessels at the terminal.
(2) If a single person or entity has committed a number of Class 2 violations at the same time which, taken together, could directly result in discharge of oil or pose a threat to public health and safety and the environment, then each violation shall be considered a separate Class 2 violation and the total combination of violations may be considered a separate Class 3 violation.
(3) If a single person or entity has committed three (3) Class 1 violations in any twelve-month period, five (5) in any 24-month period, or seven (7) in any 36-month period, that series of violations may be considered a single Class 2 violation.
(4) If a single person or entity has committed three (3) Class 2 violations in any twelve-month period, five (5) in any 24-month period, or seven (7) in any 36-month period, that series of violations may be considered a single Class 3 violation.
(c) When it appears to the Division Chief that a cited party has committed a Class 3 violation, the Division Chief shall report the apparent violation to the Executive Officer.
(d) Prior to pursuing any enforcement action under the provisions of Government Code Sections 8670.65 through 8670.67, the following preliminary procedures shall be followed:
(1) The Division Chief shall provide written notice to the cited party containing the following:
(A) A description of the Class 3 violation or the lesser violations making up the Class 3 violation;
(B) A statement that enforcement proceedings may be initiated; and
(C) Notification that the cited party may, within ten working days after receipt of the notice, submit a request in writing to the Chief for a preliminary meeting.
(2) If the cited party requests a preliminary meeting with the Chief, that meeting shall be held prior to any further enforcement actions and may include any discussions relating to the apparent violation or violations in question, including, but not limited to, the question as to whether a violation had in fact occurred, what evidence there was for the apparent violation, and what classification should apply for each violation.
(3) If the cited party so requests and agrees to pay for all costs, the preliminary meeting shall be recorded and a transcript shall be prepared.
(4) The preliminary meeting shall be scheduled at the Division Chief's discretion, but shall in no event be scheduled more than thirty (30) calendar days after the request for the meeting is received by the Division Chief.
(5) Within ten (10) working days after the preliminary meeting, the Division Chief shall provide written notice to the cited party of the decision as to whether enforcement action is to proceed.
(6)(A) Within ten working days after receipt of the notice regarding the decision of the Division Chief following the preliminary meeting, the cited party may appeal the decision to the Executive Officer of the Commission.
(B) Any appeal to the Executive Officer shall be submitted in writing.
(C) If the decision of the Division Chief is appealed to the Executive Officer, no enforcement action shall be taken unless and until the Executive Officer directs the Division Chief to proceed.
(e) If, after the preliminary procedures under subsection (d) of this section are followed, it appears to the Executive Officer that the cited party has committed a Class 3 violation of any provision or provisions of this Article 5 or 5.3 the Executive Officer may take any or all of the following actions:
(1) The Executive Officer may request that the Administrator do one or more of the following where appropriate:
(A) Issue an order under Government Code s 8670.69.4 requiring that person to cease and desist;
(B) Take whatever legal action that is necessary and appropriate, to obtain an order from the court enjoining the apparent and threatened violation; or
(C) Initiate and pursue proceedings under Government Code s 8670.66 or 8670.67 to subject the cited party to statutory penalties.
(2) The Executive Officer may do one or more of the following:
(A) Take whatever legal action is necessary and appropriate to obtain an order from the court enjoining the apparent or threatened violation; or
(B) If appropriate, take whatever action is necessary and appropriate to initiate and pursue proceedings under Government Code s 8670.66 to subject the cited party to statutory penalties.
(f)(1) The Executive Officer shall notify the U.S. Coast Guard of any apparent violation which may also constitute violation of federal law or regulation.
(2) The Executive Officer shall keep the Administrator fully apprised if any action is taken under subsection (e)(2).
Note: Authority cited: Sections 8750, 8751, 8755 and 8760, Public Resource Code. Reference: Sections 8670.66, 8670.67 and 8670.69.4, Government Code; and Sections 8750, 8751, 8755 and 8760, Public Resources Code.
s 2430. The Marine Facilities Division.
(a) There is in the Staff of the California State Lands Commission the Marine Facilities Division, which has the primary responsibility for carrying out the provisions of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 within the Commission's jurisdiction.
(b) The primary office of the Division is at 200 Oceangate, Suite 900, Long Beach, California 90802-4335, telephone (562) 499-6312.
Note: Authority cited: Sections 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2431. Purpose and Applicability.
(a) The purpose of the regulations in Title 2, Division 3, Chapter 1, Article 5.1 of the California Code of Regulations is to provide a physical security program which ensures the best achievable protection of the public health and safety and of the environment at marine terminals.
(b) The provisions of this article shall apply to all marine terminals in the State of California.
Note: Authority cited: Sections 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8757, Public Resources Code.
s 2432. Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this article:
(a) "Division" means the Marine Facilities Division of the California State Lands Commission.
(b) "Division Chief" means the Chief of the Marine Facilities Division or any employee of the Division authorized by the Chief to act on his behalf.
(c) "Marine terminal" means a facility other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from tank vessels or barges. The term references all parts of the facility including, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of these regulations, a marine oil terminal includes all piping not integrally connected to a tank facility. A tank facility means any one or combination of above ground storage tanks, including any piping which is integral to the tank, which contains crude oil or its fractions and which is used by a single business entity at a single location or site. A pipe is integrally related to an above ground storage tank if the pipe is connected to the tank and meets any of the following:
(1) The pipe is within the dike or containment area;
(2) The pipe is connected to the first flange or valve after the piping exits the containment area; or
(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.
(d) "Marine Terminal Security Officer" or "MTSO" means a person employed by the terminal operator designated to be responsible for terminal security.
(e) "Marine Terminal Physical Security Plan" means a written document describing the practices, procedures, responsibilities, equipment and structures that provide for the security of the terminal.
(f) "Physical Security Survey and Assessment" means the terminal operator's identification and evaluation of weaknesses in physical security of important assets, infrastructures, appurtenances and procedures that are critical to the marine terminal, that, if damaged, could cause harm to people or to the environment.
(g) "Terminal Operator" means any person or entity which owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses a terminal, pipeline, or facility. "Terminal Operator" does not include any entity which owns the land underlying the terminal or the terminal itself, where the entity is not involved in the operations of the terminal.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8757, Public Resources Code; and Section 25270.2, Health and Safety Code.
s 2433. Requirements for Marine Terminal Security Program.
Each marine terminal operator must implement a marine terminal security program that, at a minimum:
(a) Provides for the safety and security of persons, property and equipment on the terminal and along the dockside of vessels moored at the terminal;
(b) Prevents or deters the carrying of any unauthorized weapon, incendiary, or explosive on or about any person inside the terminal, including within his or her personal articles;
(c) Prevents or deters the introduction of any weapon, incendiary, or explosive in stores or carried by persons onto the terminal or onto the dockside of vessels moored at the terminal; and
(d) Prevents or deters unauthorized access onto the terminal and onto the dockside of vessels moored at the terminal.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2434. Designation of MTSO and Alternates.
Each terminal operator shall designate an MTSO by name with 24-hour contact information, and an alternate or alternates when the MTSO is unavailable.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2435. Responsibilities of the MTSO.
Each MTSO must, at a minimum, ensure that all of the following are undertaken and completed:
(a) An initial comprehensive physical security survey and assessment has been conducted, documented and maintained in a location determined by the MTSO;
(b) Ongoing security surveys are conducted at least annually and whenever a security incident or circumstances warrant changes;
(c) The comprehensive physical security survey and assessment are used to formulate a security plan;
(d) The Marine Terminal Physical Security Plan is implemented, maintained and periodically updated;
(e) Personnel responsible for security are trained in all aspects of the Marine Terminal Physical Security Plan;
(f) Employees, visitors and contractors requiring access to the terminal are provided with security awareness information;
(g) Vehicle access controls with designated parking areas and no-parking zones are established;
(h) Periodic security drills and exercises are conducted;
(i) The terminal has an identification and verification process for all employees, vendors and other persons whose duties require them to have access to the terminal and a tracking process for all vehicles allowed entry to the terminal;
(j) All occurrences or suspected occurrences of terrorist acts and related activities are reported to National Response Center, telephone (800) 424-8802, and local law enforcement agencies having jurisdiction at the marine terminal. Such occurrences include bombings, bomb threats, suspicious letters or packages and incidents related to the intentional release of chemical, biological or radio active agents. Records of such occurrences shall be maintained at the marine terminal for three (3) years; and
(k) Procedures for notification of security incidents or threats to terminal and vessel personnel are established.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2436. Marine Terminal Physical Security Plan.
(a) The MTSO shall develop and maintain a Marine Terminal Physical Security Plan, in writing, for countering risks and threats. The plan shall, at a minimum, document the practices, procedures, responsibilities, equipment, and structures utilized in complying with all of the provisions of Section 2433.
(b) The Marine Terminal Physical Security Plan shall, at a minimum, contain all of the following:
(1) A map, diagram or site plan of the layout of the terminal showing:
(A) Perimeter fencing;
(B) Main access to the terminal;
(C) Other accesses to the terminal;
(D) Exit and entry routes for vessel crew members;
(E) Waterfront areas and vessel berths;
(F) Designated vehicle parking areas;
(G) Emergency exit routes for personnel and vehicles from the terminal;
(H) Location of lighting, motion detectors, cameras and other surveillance equipment;
(I) Fixed security posts and mobile routes; and
(J) Restricted areas.
(2) The names and contact telephone numbers of the Terminal Manager, the MTSO and alternates, and all terminal security personnel;
(3) The duties of the MTSO, alternates and terminal security personnel;
(4) The minimum number of terminal security personnel on duty and their responsibilities when oil transfer operations are being conducted;
(5) A description of the physical security arrangements for the terminal including the minimum number of security personnel on duty, if any, when no transfer operations are being conducted;
(6) A description of the procedures and arrangements for elevated security in compliance with the U.S. Coast Guard Captain of the Port's directives regarding threat escalation;
(7) Procedures for reporting security threats or breaches of security;
(8) The telephone numbers of the National Response Center, (800) 424-8802 and other local agencies having jurisdiction at the marine oil terminal;
(9) Findings of the initial comprehensive physical security survey and assessment;
(10) Equipment, measures and procedures at the terminal that are used to prevent the introduction of unauthorized weapons, incendiaries or explosive devices or any other unauthorized dangerous devices that may be used to cause harm or damage to people, vessels or terminals by any means onto the terminal from the shore side;
(11) Measures to prevent unauthorized persons gaining access onto the terminal, onto vessels moored at the terminal and to restricted areas of the terminal;
(12) Measures or procedures to permit entry of persons without valid identification;
(13) Procedures for verification of identity of terminal employees, vendors, contractors, vessel agents, truck drivers, government agents and other visitors to the terminal to ensure that they have legitimate business at the terminal;
(14) Measures and procedures to permit entry for scheduled and unscheduled deliveries including hazardous materials to the terminal or vessel moored at the terminal in advance;
(15) Procedures and measures for the terminal's security personnel's response to security threats or breaches of security;
(16) Duties of terminal personnel other than security personnel in the event of a security threat or breach of security;
(17) Procedures to be followed when unauthorized persons are discovered on the terminal;
(18) Any standing agreements with local police and fire departments regarding terminal security;
(19) Security procedures in the event of a loss of electrical power and other emergencies;
(20) A description of the communications system that is used for maintaining security; and
(21) A description of the procedures, equipment and operations used for compliance with the requirements of Sections 2437, 2438, 2439, 2440, 2441, 2442 and 2444.
(c) The MTSO must restrict the distribution, disclosure, and availability of information contained in the Marine Terminal Physical Security Plan to those who have been determined by the terminal operator to have a need-to-know. The information required by subsection (b)(9) of this Section may be maintained at a separate location.
(d) The Marine Terminal Physical Security Plan shall be reviewed and updated at least annually and whenever a security incident or circumstances warrants changes.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2437. Requirements for Identification of Terminal Employees, Contractors and Visitors to the Terminal.
(a) All persons entering or leaving a terminal must possess and show a valid identification card or document as prescribed in subsection (b) of this Section to gain access to the terminal. All passengers in vehicles must have valid identification. Identification must be presented to security personnel or government agents upon request. In the event that an individual seeking access to the terminal does not have an identification card that meets the requirements of subsection (b) of this section, an alternative means of identification as prescribed in subsection (b)(13) of Section 2436, must be used.
(b) Valid identification cards or documents must be tamper resistant and at a minimum include the holders name and a recent photograph of the holder. Any of the following may constitute a valid form of identification:
(1) Employer issued employee identification cards;
(2) Identification card issued by a government agency;
(3) State issued drivers license;
(4) Pacific Maritime Association card;
(5) Labor Organization identity card; or
(6) Passport.
(c) Security personnel or competent authority shall verify that identification documents and applicable licenses or credentials match the person presenting them. Persons arriving by motorcycle shall be required to remove helmets to assist in identification.
(d) Security personnel shall randomly verify the identity and identification of persons encountered during roving patrols.
(e) The MTSO shall develop a verification process as prescribed in subsection (b)(14) of Section 2436, to ensure that all persons requiring access to the terminal have valid business on the terminal. Vendors, contractors, truck drivers and visitors arrivals shall be scheduled in advance. If their arrival is not prearranged, entry shall be prohibited until their need to enter is verified.
(f) The MTSO shall require contractors and vendors who require access to the terminal or vessels at the terminal, to provide the terminal with a current pre-authorized list of persons requiring access. This requirement does not preclude such persons from having valid identification.
(g) Vessel's crew members, agents, contractors and vendors on board vessels moored at terminal, shall not be permitted to exit or enter the terminal unless their names are provided and verified in advance.
(h) The terminal shall have a process to account for all persons within the terminal at any given time.
(i) All persons requiring access to the terminal shall be subject to search before being permitted to proceed beyond a terminal's access points. Signs shall be posted at access points being utilized to advise persons of this requirement.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2438. Requirements for Access Control.
(a) Gates.
All entry gates shall be locked and secured or guarded at all times or shall have an effective entry detection alert system.
(b) Restricted Areas.
The terminal shall establish and post restricted areas within the terminal to control unauthorized access to critical operating areas such as storage tanks, hazardous materials storage areas, communications and control centers.
(c) Vehicle Control.
Vehicle access controls shall, at a minimum, include the following:
(1) Parking within the terminal shall be restricted to only those designated spaces indicated in the Marine Terminal Physical Security Plan.
(2) Vehicle entry and exit routes on the terminal shall be clearly marked.
(3) All vehicles entering or leaving the terminals shall be subject to search by terminal security personnel. Signs shall be posted to advise persons of this requirement.
(4) Terminals shall have procedures for controlling vehicle access and parking.
(d) Deliveries.
(1) All packages entering or leaving the terminals are subject to search by terminal security personnel. Delivery orders shall be verified prior to being allowed access to restricted areas. Signs shall be posted at each access point being utilized by the terminal to advise persons of this requirement.
(2) Bills of lading and shipping documents for cargo and stores deliveries shall be checked for accuracy and cargo and stores should be adequately described on documentation, including piece count if applicable.
(e) Security Patrols.
(1) Designated personnel shall conduct roving safety and security patrols when the terminal is manned at random intervals not exceeding four (4) hours.
(2) Security patrols shall, at a minimum, cover restricted areas, main power supply switch gear, lighting controls, perimeter access points, vehicle parking areas, communications and operations control centers and waterside access areas.
(3) Designated personnel must be able to respond immediately to a security signal in accordance with established procedures in the security plan.
(4) Records of unusual occurrences encountered during security patrols shall be maintained in a log. Such records shall be maintained for a period of three years. Records must be available for inspection by the Division.
(f) Tank Vessels, Barges and other Vessels Moored at the Terminal.
(1) Vessel's crewmembers shall depart or arrive as prescribed in subsection (b)(1)(D) of Section 2436.
(2) Arrival and departure routes for vessel's crewmembers must be posted or visually indicated to avoid their access to restricted areas within the terminal.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2439. Key Control Systems and Locking Devices.
(1) Locks, locking devices, and key control systems shall be inspected by the MTSO regularly and malfunctioning equipment repaired or replaced.
(2) Chains used in conjunction with locks shall be permanently attached to fence posts or gates. Locks shall be of case hardened construction.
(3) Access to keys including duplicate keys shall be restricted to those terminal personnel as determined by the MTSO.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2440. Perimeter Fencing or Barriers.
(a) Perimeter fences and other barriers shall be located and constructed so as to prevent the introduction of persons, dangerous substances or devices, and shall be of sufficient height and durability to deter unauthorized passage.
(b) Fencing shall have barbed or razor wire tops and be constructed of 9 gauge or heavier wire and shall be no less than 8 feet or sufficient height and durability to deter unauthorized passage. The bottom of the fence shall be within 2 inches of the ground.
(c) Areas adjacent to fences and barriers shall be cleared of vegetation and debris that could be used to breach them.
Note: Authority: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2441. Lighting.
(a) Security lighting shall provide a minimum illumination standard of one foot candle at one meter above the ground. Security lighting shall, at a minimum, illuminate access points to the terminal, the waterfront and dock areas.
(b) Lighting control and switches shall be protected to prevent unauthorized access or tampering.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2442. Warning Systems, Signals and Communications.
(a) Warning Systems or Signals.
The terminal shall have a signal or system for warning terminal personnel of a security breach or incident.
(b) Communications.
In addition to the requirements of 2 CCR s2370, the terminal shall provide a means of communication for vessel's crews to contact terminal personnel.
Note: Authority: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2443. Video and Electronic Surveillance.
The MTSO shall determine whether or where video or other electronic surveillance and detection systems can be used to augment or replace, as appropriate, the following:
(a) Detection and warning of breaches of security at perimeter fences and barriers;
(b) Roving security patrols;
(c) Control of entry points to the terminal; and
(d) Surveillance of waterfront areas.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2444. Terminal Security Training and Security Awareness.
(a) The MTSO shall develop a security training program for terminal security personnel and a security awareness program for all terminal employees.
(b) The training program shall include initial and periodic refresher training.
(c) Terminal security personnel shall complete security training programs established by the MTSO.
(d) All terminal employees, contractors, vendors and visitors to the terminal shall undergo security training or security awareness training as deemed appropriate by the MTSO. The MTSO shall determine each individual's training requirements from those prescribed in subsection (e) of this Section.
(e) The security training program shall, at a minimum, include all of the provisions of Section 2433, Section 2436 and the following elements:
(1) The terminal's policies, practices and procedures for implementing the security program;
(2) Coordination with local law enforcement agencies;
(3) Coordination with federal, state and other local agencies having jurisdiction;
(4) Procedures and duties for security personnel when a security signal is received;
(5) Procedures and duties of terminal employees when a security signal is received;
(6) Procedures for notifying all terminal personnel and vessel's crew when increased security threat levels are imposed by the U.S. Coast Guard Captain of the Port;
(7) Procedures and arrangements for elevating security in compliance with the U.S. Coast Guard Captain of the Port's directives;
(8) Procedures, actions and reporting of incidents involving breaches of security;
(9) Procedures for notifying the National Response Center and local agencies having jurisdiction;
(10) Communications, warning systems and signals operations;
(11) Terminal security drills and exercises which must include periodic drills for implementing elevated security levels;
(12) Awareness training for terminal employees to ensure that they have working knowledge of the terminal's security and emergency plans and procedures; and
(13) Awareness training for contractors, vendors and visitors to the terminal.
(f) Security training must emphasize vigilance and security awareness of all terminal employees.
(g) The training program shall be reviewed at least annually. The program should be updated to include lessons learned from any breach of security occurrences.
(h) Security drills and exercises may be either specific to the marine terminal or as part of a cooperative program with vessel, port or local agencies' security plans. Drills and exercises must be conducted at intervals not exceeding twelve (12) months.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2445. Marine Terminal Physical Security Plan: Approval Procedure.
(a) The terminal operator must ensure completion of a Marine Terminal Physical Security Plan and notify the Division Chief of its completion in writing, within 90 days of the effective date of these regulations.
(b) After the initial 90-day compliance period, the Division staff shall conduct an on-site inspection of the terminal's security arrangements to determine if the Marine Terminal Physical Security Plan meets the requirements of these regulations.
(c) If the Marine Terminal Physical Security Plan meets the requirements of these regulations, the Division Chief shall approve the plan, in writing, within 30 days of the on-site inspection.
(d) If the Marine Terminal Physical Security Plan does not meet the requirements of these regulations, the Division Chief shall notify the terminal operator, in writing, of any deficiencies within 30 days of the on-site inspection. Terminal operators shall correct any deficiencies within 30 days or a period agreed upon by the terminal operator and the Division Chief. When corrections have been made, the terminal operator shall notify the Division.
(e) Upon receipt of such notification, the Division Chief shall, within 30 days, inspect and approve or disapprove the Marine Terminal Physical Security Plan as appropriate.
(f) Terminal operators shall notify the Division Chief, of any proposed amendments to an approved Marine Terminal Physical Security Plan. Any such proposed amendments shall be communicated to the Division Chief for approval at least 30 days prior to the date that changes are to be adopted. The Division Chief shall approve or disapprove proposed amendments, in writing, within 30 days of receipt as set forth in subsections (c) and (d) of this section.
(g)(1) Any information or documents relating to security at any marine terminal, where the information or document is identified by the terminal operator as confidential or as containing proprietary information, shall be treated as confidential information by the State Lands Commission and its Staff.
(2) For purposes of subsection (g)(1), a document shall be considered identified as confidential or as containing proprietary information only if the document is designated as confidential or as containing proprietary information in writing either on the document so identified or in an accompanying document signed by the terminal operator.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code; Sections 6254.15 and 15376, Government Code.
s 2540. Purpose, Applicability and Date of Implementation.
(a) The purpose of the regulations in Title 2, Division 3, Chapter 1, Article 5.3, of the California Code of Regulations is to establish onshore and offshore marine terminal personnel oil-handling training and certification requirements which, when followed, will:
(1) Provide improved protection of California waters and natural resources by preventing oil spills caused by human factors;
(2) Ensure that marine terminal personnel involved in oil-handling operations are adequately trained and have demonstrated competency; and
(3) Establish certification that personnel are in compliance with training requirements.
(b) The provisions of this article shall not apply to:
(1) Operations conducted at offshore drilling and production facilities.
(2) Tank cleaning operations which begin after the removal of cargo or fuel from any tank vessel or barge.
(c) Unless otherwise specified in this article, all of the provisions of this article become effective 30 days after they have been filed with the Secretary of State.
Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8751, 8755, 8756 and 8757, Public Resources Code.
s 2541. Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this article:
(a) "Barge" means any vessel that carries oil in commercial quantities as cargo, but is not equipped with a means of self-propulsion.
(b) "Certification" means the documentation that a terminal employee has met all of the requirements of an oil spill prevention training and job competency program that meets the requirements of this article.
(c) "Division" means the Marine Facilities Division of the California State Lands Commission.
(d) "Division Chief" means the Chief of the Marine Facilities Division or any employee of the Division authorized by the Chief to act on his behalf.
(e) "Human factors" means human conditions, such as inadequate knowledge or fatigue, which can lead to operator error or poor judgement.
(f) "Human factor risks" means risks of causing an oil spill due to the effects of human factors on competency and judgement.
(g) "Indirect operations" means involvement in on-site activities, such as new construction, in a capacity that indirectly involves the risk of an oil spill to waters of the state due to potential impacts to nearby oil-handling operations (e.g., operating digging equipment next to an active oil transfer pipeline).
(h) "Maintenance" means direct involvement in maintaining and repairing the equipment used for the transfer, storage, handling, or monitoring of oil at a marine terminal in a capacity that involves the risk of an oil spill to marine waters.
(i) "Management" means the first line supervision with direct involvement in managing the transfer, storage, handling, or monitoring of oil at a marine terminal by administering operations policies and procedures that involve the risk of an oil spill to marine waters.
(j) "Marine terminal" means a facility other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from tank vessels or barges. The term references all parts of the facility including, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of these regulations, a marine terminal includes all piping not integrally connected to a tank facility.
(k) "Maximum extent practicable" means the highest level of effectiveness that can be achieved through the use of terminal personnel and best achievable technology. In determining what is the maximum extent practicable, the Division shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety, and the cost of the measures.
( l) "Offshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.
(m) "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.
(n) "Onshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to land structures or substantially land structures.
(o) "On-the-job training" means learning procedures and equipment use through observation of experienced and competent personnel, and supervised hands-on practice.
(p) "Operations" means direct involvement in the transfer, storage, handling, or monitoring of oil at a terminal in a capacity that involves the risk of an oil spill to waters of the state. This functional group includes but is not limited to the Terminal person in charge, storage tank operators, pipeline operators, and oil transfer monitors.
(q) "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 terminal or the terminal itself, where the entity is not involved in the operations of the terminal.
(r) "Personnel" means individuals employed by, or under contract with, a terminal.
(s) "Spill" or "discharge" means any release of oil into marine waters which is not authorized by any federal, state, or local government entity.
(t) "Supervisory" means involvement in directly supervising any transfer, storage, handling, or monitoring of oil at a marine terminal by implementing operations policies and procedures that involve risk of an oil spill to marine waters. (continued)