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(continued)
(a) to implement oil spill prevention programs and to conduct research into prevention and control technology;
(b) to carry out studies which may lead to improved oil spill prevention and response;
(c) to finance environmental and economic studies relating to the effects of oil spills;
(d) to reimburse the member agencies of the State Interagency Oil Spill Committee for costs arising from implementation of Article 3.5 (commencing with Section 8574.1) of Chapter 7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code, and Division 7.8 (commencing with Section 8750) of the Public Resources Code;
(e) to implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended;
(f) to respond to an imminent threat of a spill in accordance with the provisions of Government Code Section 8670.62 pertaining to threatened discharges. The cumulative amount of any expenditure for this purpose shall not exceed one hundred thousand dollars ($100,000) in any fiscal year unless the Administrator receives the approval of the Director of Finance and notification is given to the Joint legislative Budget Committee.
(g) to reimburse the Board for costs incurred in the collection of fees pursuant to Chapter 7.4 (commencing with Section 8670.1) of Division 1, Title 2 of the Government Code and Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code;
(h) to reimburse the costs incurred by the California State Lands Commission in implementing the Oil Transfer and Transportation Emission and Risk Reduction Act of 2002 (Division 9 (commencing Section 8780) of the Public Resources Code);
(i) to reimburse the Oil Spill Technical Advisory Committee for costs associated with Article 8 (commencing with Section 8670.54) of Chapter 7.4, Division 1, Title 2 of the Government Code;
(j) to provide a reasonable reserve for contingencies.


Note: Authority cited: Sections 8670.39(b) and 8670.40, Government Code. Reference: Sections 8670.4, 8670.40 and 8670.56, Government Code.

s 873. Purpose and Scope.
This subchapter establishes policies and procedures for the Administrator to take administrative compliance actions pursuant to Government Code Sections 8670.67, 8670.67.5 and 8670.68.


Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.67, 8670.67.5, 8670.68 and 11400.20, Government Code.

s 873.1. Definitions.
In addition to definitions found in Government Code Section 8670.3 and Chapter 1 of this subdivision, the following definitions govern the construction of this subchapter.
(a) "Environment" means the total human surroundings, physical and biological, natural and artificial, and air, water, soil, plants, wildlife, and other ecological factors affecting the growth, development, and safety of people and other living organisms.
(b) "Notice to Comply" means a written alternative to issuing a Complaint for Class 1 violation, which alleges a violation that does not assess a penalty.
(c) "Respondent" means any person against whom a Notice to Comply or a Complaint is filed, pursuant to the provisions of this subchapter.
(d) "Threat", for purposes of this subchapter, means an act or failure to act, the result of which could, by itself or in combination with other acts, endanger the public health and safety or harm the environment.
(e) "Wildlife" means and includes all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability.


Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Section 711.2, Fish and Game Code; and Sections 8670.56.5, 8670.67 and 8670.68, Government Code.

s 873.2. General Provisions.
(a) The Administrator may take administrative compliance actions for violations of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits, or orders, issued or promulgated pursuant to those provisions.
(b) Each calendar day or partial day that a violation occurs shall be considered a separate violation.
(c) Twenty-five (25%) percent of any penalty collected under this subchapter shall be paid to the Office of Oil Spill Prevention and Response. The Administrator may allocate the amount collected among those state, county, or local agencies participating and assisting in the prosecution of the action in accordance with the relative personnel costs and other costs incurred.
(d) Except as provided in Government Code Section 8670.67(c), administrative actions taken pursuant to this subchapter shall be separate and in addition to, and do not supersede or limit, any and all other administrative, civil or criminal actions or remedies.


Note: Authority cited: Section 8670.68, Government Code. Reference: Sections 8670.61, 8670.62, 8670.66, 8670.67, 8670.67.5, 8670.68, 8670.68.5 and 8670.69.4, Government Code.

s 873.3. Classification of Violations.
(a) Any violation of any provision of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) or any regulations, permits, or orders, issued or promulgated pursuant to those sections shall be assigned one of the following violation classifications:
(1) "Class 1 violation" means a violation that, singly or in combination with other acts, could not:
(A) cause an unauthorized discharge of oil; or
(B) substantially increase the risk of an unauthorized discharge of oil; or
(C) create a threat to public health and safety or the environment.
(2) "Class 2 violation" means a violation that in combination with other acts or over time, could reasonably or forseeably cause, or increase the risk of an unauthorized discharge of oil or pose a threat to public health and safety or the environment.
(3) "Class 3 violation" means a violation that has resulted in an unauthorized discharge of oil or posed a substantial threat to public health and safety or the environment.
(b) Cumulative Violations.
(1) If the respondent has committed three (3) Class 1 violations in any twelve-month period, or 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.
(2) If the respondent has committed three (3) Class 2 violations in any twelve-month period, or 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.
(3) If the respondent has committed two (2) or more Class 2 violations at the same time which, taken together, could directly result in a discharge of oil or pose a threat to the public health and safety or the environment, then each violation shall be considered a separate Class 2 violation and the total combination of violations may be considered a Class 3 violation.
(c) The administrative compliance actions taken for Class 1, Class 2 and Class 3 violations are as follows:
(1) Class 1 violation: A Notice to Comply or an administrative civil penalty which shall not exceed $10,000 for each violation.
(2) Class 2 violation: an administrative civil penalty which shall not exceed $25,000 for each violation.
(3) Class 3 violation: an administrative civil penalty which shall not exceed $100,000 for each violation.


Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.

s 873.4. Notice to Comply.
(a) The Administrator may issue a Notice to Comply to any person as an alternative to a Complaint for a Class 1 violation, subject to subsection (b).
(b) A Notice to Comply shall clearly state the facts or failures to act that constitute the alleged violation. Where appropriate, a Notice to Comply may require a time in which to comply and include a proposed means by which compliance may be achieved. The Administrator may require a person to provide proof of compliance.
(c) Failure to comply with a Notice to Comply within the time allowed may be considered a violation of this subchapter.
(d) If a person who receives a Notice to Comply disagrees with one or more of the alleged violations cited in the notice, the person shall provide written objection(s) to the Administrator within 10 business days from the date of the receipt of the Notice to Comply. The Administrator shall review the written objections within 90 days of their receipt. Results of this review may include, but are not limited to, rescinding the Notice to Comply, scheduling an informal settlement conference, or issuing a Complaint. If, upon review, the Administrator issues a Complaint and assesses an administrative civil penalty on the basis of the disputed violation, a hearing may be requested, and shall be conducted, in the manner set forth in Article 2 of this subchapter.
(e) Notwithstanding subsection (a), the Administrator shall not issue a Notice to Comply for any knowing, willful, or intentional violations; for any violation that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage; or for any violation that is a chronic violation; or for any violation that is committed by a recalcitrant violator.
(f) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of subsection (e), the Administrator shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard for the requirements of this subdivision.
(g) Pursuant to subsection (a), the respondent to a Notice to Comply shall:
(1) sign the Notice to Comply and return it to the Administrator within 10 business days or acknowledge the Notice to Comply in a writing, which contains all the information in the Notice to Comply and return it to the Administrator within 10 business days,
(2) within the time for compliance stated in the Notice to Comply, the recipient shall submit a statement to the Administrator detailing the steps by which compliance has been achieved. A false statement that compliance has been achieved is a violation of this subchapter pursuant to Sections 8670.65, 8670.66, or 8670.67 of the Government Code.
(h) Nothing in this subchapter shall be construed to restrict or limit the Administrator's ability to take any other action authorized by law.


Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.67 and 8670.68, Government Code.

s 873.5. Administrative Compliance Actions: Government Code Section 8670.67.
(a) The Administrator may issue a Complaint and assess a civil penalty upon any person who intentionally or negligently:
(1) fails to follow the effective plan (as that term is defined in Title 14, California Code of Regulations Section 815.05), or the direction or orders of the Administrator, or the United States Coast Guard (USCG), in connection with an oil spill, except as provided in Government Code Section 8670.27.
(2) fails to notify the USCG that a vessel (as defined in Government Code Section 8670.20(a)) is disabled within one hour of a disability if, while disabled, the vessel causes a discharge of oil into marine waters.
(3) discharges or spills oil into, or which enters California marine waters unless the discharge is authorized by the United States, the State, or other agency with appropriate jurisdiction.
(4) fails to immediately begin cleanup, abatement, or removal of spilled oil in the manner prescribed by Section 8670.25 of the Government Code.
(5) fails to comply with the provisions of Chapter 7.4 of the Government Code (commencing with Section 8670.1) or Division 7.8 of the Public Resources Code (commencing with Section 8750) and any regulations, permits or orders issued or promulgated pursuant to those sections.


Note: Authority cited: Sections 8670.7, 8670.67 and 8670.68, Government Code. Reference: Sections 8670.20, 8670.67 and 8670.68, Government Code.

s 873.6. Administrative Compliance Actions: Public Resources Code.
(a) Upon the request of the Executive Officer of the State Lands Commission (Executive Officer) the Administrator may issue an administrative civil Complaint and assess an administrative civil penalty upon any person who intentionally or negligently fails to comply with:
(1) Marine Terminals Inspection and Management regulations found in Title 2 California Code of Regulations Sections 2300 et seq.;
(2) Marine Terminal Personnel Training and Certification regulations found in Title 2 California Code of Regulations Sections 2540 et seq.;
(3) any other provision of Division 7.8 of the Public Resources Code (commencing with Section 8750) and any other regulations, regulatory amendments, permits or orders issued or promulgated pursuant to these Public Resources Code sections.
(b) The Administrator shall consult with the Executive Officer regarding costs, penalties, settlements, allocations, and other matters related to actions taken pursuant to subsection (a).


Note: Authority cited: Sections 8670.7 and 8670.67, Government Code. Reference: Sections 8752-8760 (inclusive), Public Resources Code; and Sections 8670.20, 8670.25, 8670.27, 8670.67, 8670.68 and 8670.69.4, Government Code.

s 873.7. Discharge of Oil; Administrative Civil Liability; Government Code Section 8670.67.5.
In addition to any penalty assessed pursuant to Section 873.3 of this subchapter:
(a) Without regard to intent or negligence, any person who causes or permits oil to be spilled or discharged shall be strictly liable for a civil penalty assessed for up to ten dollars ($10.00) per gallon for every gallon of spilled or discharged oil.
(b) Whenever the spill or discharge results from gross negligence or reckless misconduct, the Administrator shall assess a civil penalty at thirty dollars ($30.00) per gallon of spilled or discharged oil.
(c) Any civil penalty assessed pursuant to either subsection (a) or (b) shall be reduced for every gallon of spilled oil that is:
(1) recovered; and
(2) properly reprocessed, reused, and/or disposed of in accordance with applicable laws.
(d) The Administrator shall take into consideration the nature, circumstances, extent and gravity of the spill, including the spiller's efforts to prevent, abate or clean up a discharge, when determining the appropriate penalty amounts.
(e) The determination of the amount of oil recovered shall be conducted pursuant to the provisions of Title 14 California Code of Regulations, Sections 877, et seq.


Note: Authority cited: Sections 8670.7 and 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 873.8. Damages.
[R eserved ]


s 874. Purpose and Scope.
These procedural rules shall govern all hearings held pursuant to this subchapter.


Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.

s 874.1. Complaint.
The Administrator may issue a Complaint upon any person on whom administrative civil liability may be imposed pursuant to Section 8670.67 or 8670.67.5. The Complaint shall:
(a) allege the facts or failures to act which constitute the basis for liability and contain the amount of the proposed civil penalty;
(b) be served by personal service or certified mail;
(c) inform the party so served of the right to a hearing;
(d) include a reference to laws and regulations governing the administrative civil penalty adjudication process; and
(e) include a document to serve as respondent's "Notice of Defense."


Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.

s 874.2. Notice of Defense; Request for Hearing.
(a) Any person served with a Complaint may, within 10 business days after service, request a hearing by filing a Notice of Defense.
(b) A Notice of Defense is deemed to be filed if it is postmarked within 10 business days after service.
(c) A hearing requested by the respondent shall be conducted within 90 days after the Notice of Defense is received by the Administrator.
(d) If a Notice of Defense has not been filed within 10 business days after service of the Complaint, the Administrator shall issue an order setting liability in the amount proposed in the Complaint, or if the Administrator and the party have entered into a settlement agreement, the Administrator shall issue an order setting liability in the amount specified in the settlement agreement.
(e) If the party has not filed a Notice of Defense or if the Administrator and the party have entered into a settlement agreement, the Administrator's order shall:
(1) set the liability in the amount as specified in the Complaint or settlement; and
(2) shall not be subject to review by any court or agency.


Note: Authority cited: Section 8670.68, Government Code. Reference: Sections 1013(a) and 2015.5, Code of Civil Procedure; and Section 8670.68, Government Code.

s 874.3. Hearing Procedures.
(a) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Sections 8670.68 and 11507 to 11517, inclusive, and those statutes incorporated by reference in Section 874.4 of this Article. Where conflicts occur among the above-referenced statutes, the provisions set forth in Government Code 8670.68 shall control.
(b) The independent hearing officer shall take into consideration the nature, circumstances, extent and gravity of the violation, including those factors set forth below, when reviewing the proposed penalty.
(1) the degree of the respondent's negligent, grossly negligent, reckless, or intentional conduct;
(2) the actual or threatened harm to the public health and safety or the environment;
(3) the volume of oil discharged;
(4) the respondent's past and present efforts, including compliance history, to prevent, abate, or clean up a discharge or conditions posing a threat to the public health and safety, fish and wildlife, or the environment;
(5) the respondent's ability to pay the proposed civil penalty;
(6) prior actions brought against the respondent pursuant to this subchapter.


Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.

s 874.4. Incorporation by Reference.
(a) Unless inconsistent or in conflict with the governing statutes or this subchapter, and to the extent that they govern administrative civil penalty adjudication procedures, the following statutes are incorporated by reference:
(1) Definitions: Government Code Sections 11405.10 through 11405.80.
(2) Governing Procedures: Government Code Sections 11415.10 through 11415.60.
(3) Alternative Dispute Resolution: Government Code Sections 11420.10 through 11420.30.
(4) Ex Parte Communications: Government Code Sections 11430.10 through 11430.80.
(5) Alternative Service of Documents (excluding Complaint): Government Code Section 11440.20.
(6) Hearings by Teleconference: Government Code Section 11440.30.
(7) Informal Hearing Procedures: Government Code Sections 11445.10 through 11445.60.
(8) Subpoenas: Government Code Sections 11450.05 through 11450.50.
(9) Enforcement and Sanctions: Government Code Sections 11455.10 through 11455.30.


Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 8670.68, 11405.10-11405.80, 11415.10-11415.60, 11420.10-11420.30, 11430.10-11430.80, 11440.20, 11440.30, 11445.10-11445.60, 11450.05-11450.50 and 11455.10-11455.30, Government Code.

s 874.5. Order Setting Civil Penalty.
(a) After conducting any hearing required under this subchapter, the independent hearing officer shall issue a decision, including an order setting the amount of civil penalty to be imposed, within 30 days after the case is submitted.
(b) Orders setting civil liability issued pursuant to this section shall become effective and final upon issuance, and payment shall be made within 30 days of issuance.
(c) Copies of the orders shall be served by personal service or by certified mail upon the party served with the Complaint and upon other persons who appeared at the hearing and requested a copy.
(d) Any order for administrative civil penalties entered pursuant to this section shall be subject to interest at the legal rate (as defined in Code of Civil Procedure Section 685.010) from the time of service of the Complaint.


Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.

s 874.6. Review of Decision.
(a) Within 30 days after service of a copy of a decision issued by the independent hearing officer, a party to the action, or a person appearing at the hearing and served with a copy of the decision, may file a petition for writ of mandate for review of the decision with a court of appeal.
(1) The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Act or the accrual of any penalties assessed pursuant to the Act and does not prohibit the court from granting any appropriate relief within its jurisdiction.
(2) Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the independent hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies.
(b) Except as otherwise provided in this article, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this section.
(c) In all proceedings pursuant to this subchapter, the court shall uphold the decision of the independent hearing officer if the decision is based upon substantial evidence in the whole record.


Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code; and Section 1094.5, Code of Civil Procedure.

s 877. Purpose and Scope.
The regulations in this subchapter set forth the methods for determining the amount of liquid petroleum hydrocarbons (oil) recovered. These methods will be used to determine the number of gallons of discharged liquid petroleum hydrocarbon that are recovered and properly disposed of in accordance with applicable law. The term "disposed of" shall include liquid petroleum hydrocarbon that is reprocessed, recycled, or otherwise utilized as an ingredient in the manufacture of petroleum products or other products.


s 877.1. Exception.
(a) Unless otherwise agreed to, the amount of petroleum hydrocarbons recovered shall be determined pursuant to Sections 877.3, 878, 879 and 880. The Responsible Party and the Administrator may use an alternative method to the method described in these sections. This alternative method shall be agreed to at the time of the incident and shall be included in the Incident Action Plan or as an attachment thereto.
(b) Not withstanding Section 877.1(a), the Administrator and Responsible Party or potentially Responsible Party shall not be precluded from entering into a binding agreement whereby the parties stipulate to the amount of oil spilled and/or recovered. Such agreement shall be binding on the parties for purposes of a civil penalty action.
Stipulations may be entered into where the parties determine that it is in the interest of justice to do so to facilitate resolution of the response.


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 877.2. Definitions.
In addition to the definitions provided by Section 790 of Title 14, the following definitions shall govern this subchapter. These definitions shall supercede any duplication in Section 790, Title 14:
(a) 'APT' refers to the American Petroleum Institute. The American Petroleum Institute, in conjunction with the American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), British standards Institute (BSI) and the Institute of Petroleum (IP), has developed standardized methods and formulas to calculate measured quantities of petroleum fluids regardless of point of origin, destination or unit of measure used by custom or statute.
(b) "ASTM" refers to the American Society for Testing and Materials. It is a scientific and technical organization formed for the development of standards on characteristics and performance of materials, products systems and services.
(c) "EPA" refers to the United States Environmental Protection Agency.
(d) "EPA Method 8015A" is a procedure used to determine the concentration of various volatile organic compounds. EPA Method 8015A, Nonhalogenated Volatile Organics by Gas Chromatography, July 1992, is hereby incorporated by reference.
(e) "EPA Method 8270B" is a procedure used to determine the concentration of semi-volatile organic compounds. EPA Method 8270B. Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometer (GC/MS): Capillary Column Technique. September 1994, is hereby incorporated by reference.
(f) "EPA Method 3550A" is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3550A, Ultrasonic Extraction. September 1994, is hereby incorporated by reference.
(g) "EPA Method 3550B" is a procedure used for extracting non-volatile and semi-volatile organic compounds from solids such as soils, sludges and wastes. EPA Method 3540B, Soxhlet Extraction, September 1994, is hereby incorporated by reference.
(h) "Flame Ionization Detector (FID)" is a detector, used in combination with a Gas Chromatograph, to analyze for saturated hydrocarbons, alkanes, alkenes and unsaturated hydrocarbons.
(i) "Gas Chromatography (GC)" is an analytical technique used to determine the sample concentration of organic constituents including total petroleum hydrocarbons (TPH) in environmental media.
(j) "Gauge" refers to the act of manually measuring the height of liquid in a tank expressed in feet, inches and fractions of inches or other appropriate units.
(k) "Incident Action Plan" is a document that contains objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next operational period. The Plan may be oral or written.
(l) "Recover" or "Recovered" refers to the amount of oil either removed or taken out of the environment after a spill. This does not include material lost to natural evaporation, or dispersion, in situ burning, or the use of chemical dispersants.
(m) "Sorbents" refers to manmade substances or materials that preferentially absorb or adsorb petroleum hydrocarbons. Sorbents typically include but are not limited to booms and pads.
(n) "TPH" refers to total petroleum hydrocarbons. It is a term used to describe the amount of petroleum hydrocarbons with are contained in a solid sample or sediment as a number that may be converted to units of volume or mass.


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 877.3. Recovery of Liquid Petroleum Hydrocarbons.
(a) All material shall be collected and stored at locations that shall be identified and approved by the Unified Command as defined in Section 790(c)(3), Title 14, prior to use.
(b) A storage location conforming to approved methods for the storage of liquid petroleum hydrocarbons (LPH), which is a measured volume of recovered product or crude oil, shall be pre-identified and verified by the Unified Command (UC) as empty. If it is necessary to use a storage location that already contains LPH, water, or a combination of both, the type of product shall be determined and sampled according to API approved standards in advance and pre-gauged using API approved gauging methods. The petroleum hydrocarbon mixture shall be collected and separated. Gauge readings shall be taken until two (2) gauge readings are identical.
(c) The total volume of liquid petroleum hydrocarbons recovered shall be designated at V1.


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 878. Sampling Analysis and Calculation of Petroleum Hydrocarbons in Contaminated Sediment.
(a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use.
(b) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in qualifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, the sampling methodology to be used, and the methods for quantifying sediment and TPH, and moisture.
(c) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(d) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(e) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used.
(f) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vs = volume of petroleum hydrocarbons recovered in contaminated sediment
Ws = total weight of sediment
Cps = concentration of petroleum hydrocarbons in sediment (from TPH analysis)
Dp = density of petroleum hydrocarbon
Vs = (Ws) x (Cps) x (1/Dp)


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 879. Sorbents and Debris.
(a) All contaminated material shall be collected and stored at locations that shall be identified and approved by the Unified Command prior to use. Sorbents and Debris shall be segregated.
(b) The following methods may be used to determine the amount of recovered petroleum hydrocarbons:
(1) Alternative Number 1.
(A) The petroleum hydrocarbons and water shall be extracted using pressure or other extraction method. a water deluge may be used to effect this process, subsequent to approval by the Unified Command. The petroleum hydrocarbon mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using API approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical.
(2) Alternative Number 2.
(A) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the sorbent, TPH and moisture.
(B) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(C) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(D) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detector or EPA Method 8270B shall be used.
(E) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vpsb = volume of petroleum hydrocarbons recovered in sorbents
Cps = concentration of petroleum hydrocarbons reported in sorbent pads as TPH
Cpb = concentration of petroleum hydrocarbons reported in sorbent boom as TPH
Co = concentration of petroleum hydrocarbons reported in sorbent type other than booms or pads as TPH
Wp = total weight of sorbents pads
Wb = total weight of boom
Wo = total weight of other sorbent type
Dh = density of petroleum hydrocarbons
Vpsb = {[(Cps) x (SWp)]} + {[(Cpd) x (Wb) + (Co x Wo)]} x (1/Dh)
(c) Debris.
The following methods may be used to determine the amount of recovered petroleum hydrocarbons:
(1) Alternative Number 1.
(A) The oily debris shall be washed using water deluge, subsequent to approval by the Unified Command. The petroleum hydrocarbon and water mixture shall be collected and separated. The petroleum hydrocarbons shall be gauged using AOI approved gauging methods. Gauge readings shall be taken until two (2) gauge readings are identical.
(2) Alternative Number 2.
(A) The oily debris shall be collected and homogenized (by grinding or equivalent to effect total homogenization).
(B) The Unified Command, or their representatives, shall develop a statistically sound sampling and analysis plan, agreed upon by all parties, that shall be used in quantifying recovered petroleum hydrocarbons. At a minimum, the sampling plan shall include, but not be limited to, the number of samples to be collected, and the sampling methodology to be used and the methods for quantifying the oily debris, TPH and moisture.
(C) Samples shall be collected in pre-cleaned glass containers. Samples shall not be collected in plastic containers.
(D) For the TPH extraction method, applicable EPA or ASTM methods, such as EPA Method 3550A, shall be used.
(E) For quantification of TPH, applicable EPA or ASTM methods, such as EPA Method 8015A by gas chromatography flame ionization detection or EPA Method 8270B shall be used.
(F) The following calculation shall be used to determine the total amount of petroleum hydrocarbons:
Vpd = volume of petroleum hydrocarbons recovered in debris
Cpd = concentration of petroleum hydrocarbons reported as TPH
Wd = total weight of debris
Dh = density of petroleum hydrocarbon
Vpd = [(Cpd) x (Wd)] x (1/Dh)


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 879.5. [Reserved.]


s 880. Calculation for Total Recovery of Petroleum Hydrocarbons.
The total recovery of petroleum hydrocarbons (Vr) shall be the sum of the total volume of petroleum hydrocarbons from contaminated sediment (Vs), sorbents (Vpsb), and debris (Vpd), and liquid petroleum hydrocarbons (V1) reported in gallons.
Vr = Vs + Vsb + Vd + V1


Note: Authority cited: Sections 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

s 884. Purpose and Scope.
This subchapter sets forth the requirements for the licensing and use of oil spill cleanup agents (OSCA). Licensing criteria are established based on the level of toxicity imposed by a given agent. The protocols for using an OSCA are based on the sensitivity of the habitat in which the agent may be used.
The regulations in this subchapter provide specific forms that must be completed by the applicant, and require that the OSCA license be renewed once every five years. Certain products will be considered exempt from the licensing process, but the applicant must petition the Administrator for an exemption to assure that exempted products will be nontoxic in the aquatic environment.
In addition to the regulations in this subchapter, the licensing process will be governed by the criteria and protocols in the "Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents", dated 1/1/98 (Guidance Document), and herein incorporated by reference. The use criteria for dispersants will be governed by the requirements in this subchapter and the criteria in the "Quick Approval Process for Dispersant Use in Waters Off California", dated 4/14/97, and herein incorporated by reference.


Note: Authority cited: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.

s 884.5. Definitions and Abbreviations.
In addition to the definitions found in Government Code s 8670.3, and Chapter 1, of this subdivision, the following definitions shall govern the construction of this subchapter.
(a) "Aquatic toxicity" means that the survivorship of the test organisms in the treatment exposure is less than 90% of those in the control group. Testing to determine if an agent causes aquatic toxicity shall be done in accordance with the testing protocols in the Guidance Document.
(b) "Bioremediation agent" or "bioremediant" means an OSCA which contains oil-degrading bacteria that serve a seeding function, or nutrients that serve to enhance the growth of naturally occurring bacteria. These agents are deliberately introduced into an oil discharge to increase the rate of biodegradation in an effort to mitigate the effects of the discharge.
(c) "Collecting agent" means a type of OSCA, the function of which is to absorb, congeal, gel or emulsify oil. The end product of these actions is an agent-oil mass that remains afloat for later collection or burning. Collecting agents include; emulsion treating agents, herding agents, elasticity modifiers, and sorbents.
(d) "Dispersing agent" or "dispersant" means a type of OSCA, the function of which is to reduce the interfacial surface tension between oil and water. Dispersing agents are surfactant-based chemical compounds, and are composed of both water and oil compatible constituents which allow oil particles to more easily enter the water column.
(e) "EC50" mans Effects Concentration 50, and is the concentration at which 50% of the test organisms display an effect or response to the product being tested during the course of a specified and predetermined time period (e.g. 96 hours).
(f) "Guidance Document" means the Guidance Document for the Exemption, License and Renewal of Oil Spill Cleanup Agents, dated 1/1/98, which is incorporated by reference herein. This document contains the required exemption, license and renewal forms and the instructions for their completion and use.
(g) "LC50" means the median Lethal Concentration 50, and is the concentration at which 50% of the test organisms die during the course of a specified and predetermined time period (e.g. 96 hours).
(h) "Mechanical control device" means any physical device or structure utilized to confine and/or remove oil from the surface of the water or the shoreline.
(i) "Non-toxic" or "not toxic" means that the survivorship of the test organisms in the treatment exposure is 90% or greater than those in the control group. Testing to determine if an agent is non-toxic shall be done in accordance with the Exemption Petition section of the Guidance Document which requires a Standard LC50 bioassay on specified test species.
(j) "Oil Spill Cleanup Agent" (OSCA) means a chemical, or any other substance used for removing, dispersing or otherwise cleaning up oil or any residual products of petroleum in, or on, any of the waters of the state.
(k) "OSCA" means Oil Spill Cleanup Agent.
(l) "Sinking agent" means a type of OSCA, the primary function of which is to combine with oil to cause sinking of the agent-oil mass. Sinking agents may not be used in the waters of California.
(m) "Surface washing agent" means a type of OSCA, the function of which is to facilitate the removal of oil from shoreline substrates or other oiled surfaces. The primary effect of this type of OSCA is to act as a wetting agent to soften or lower the viscosity of the oil, thereby increasing the effectiveness of water in displacing the oil from the shoreline surfaces. A surface washing agent cannot act as a dispersant.


Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Sections 300.115 and 300.175(b).


s 885.1. Applicability and Exemptions.
(a) Any OSCA applied in or on state waters must be licensed by the Administrator unless otherwise exempted, or being used in an expedited testing situation as specified in this Section.
(b) Exemptions to the license requirement:
(1) a manufacturer may request an exemption from the licensing requirements for the following agents and substances;
(A) substances such as sorbents and other cleanup devices that do not employ the use of active chemical cleanup agents; or
(B) substances that do not to cause aquatic toxicity when used for purposes of oil spill response.
(c) Expedited testing and use of an unlicensed OSCA:
(1) the Administrator or his/her designee may authorize the use of an unlicensed OSCA on an expedited basis in any waters of the state;
(2) the unlicensed OSCA must be used in accordance with the criteria established for the particular body of water to which it will be applied, as specified in Article 3 of this subchapter. In addition, such use must be done in consultation with applicable federal agencies and be consistent with the National Contingency Plan.
(3) expedited use of an unlicensed OSCA may be authorized if an application for licensing has been submitted but not yet approved or denied, and the following conditions are met:
(A) there is danger of impact or harmful effect from an oil spill to the waters of the state; and
(B) the Administrator determines that mechanical control devices or currently licensed OSCA's, used either singly or in combination, may not be as appropriate or as effective in the given situation as the unlicensed OSCA; and
(C) a preliminary review of the OSCA's license application indicates that the OSCA being tested will not be more hazardous to the aquatic environment than the oil on which it is being applied; and
(D) the test has been approved by the Administrator and the RRT, and will be supervised by the Administrator.
(4) an expedited test may be conducted for the following purposes;
(A) to determine the efficacy of an OSCA in a given situation or on a particular type of oil;
(B) to obtain information needed to meet the requirements set forth in Government Code s8670.12;
(C) to improve results when used with a currently licensed OSCA and/or a mechanical control device;
(D) to mitigate the effects of the oil spill when it is determined that the impact of the OSCA will be less than the impact of the oil.
(5) the OSCA may only be used once on an expedited basis during the licensing process;
(6) the results of the test shall be documented and made part of the OSCA license application materials.


Note: Authority: Sections 8670.13.1 and 8670.7, Government Code. Reference: Sections 8670.13.1, 8670.13.2 and 8670.7, Government Code.

s 885.2. Exemption, License and Renewal Applications and Fees.
(a) Exemption Petition, (form #1958, as found in the Guidance Document):
(1) a manufacturer must petition for an exemption to the licensing process for any product that might be used in response to an oil spill that could be considered exempt under section 885.1.
(A) the following materials will automatically be considered exempt, though the manufacturer must still submit an exemption request form in order to establish the product as available for use in California;
1. cellulose fibers, other than peat moss or products derived from peat moss,
2. vermiculite or zeolite,
3. polypropolene,
4. polyethylene,
5. polyurethane,
6. polyester.
(2) the request for exemption must be submitted using the Petition for Exemption, form #1958. This form shall be available from the Administrator upon request.
(3) a petition for exemption shall be accompanied by a filing fee, as follows:
(A) $100 for a petition for an inert agent such as those listed in subsection 885.2(a)(1)(A) above;
(B) $250 for a petition for any other type of agent.
(C) The fee shall be used to cover costs incurred by the Administrator in processing the application.
(D) The fee shall be counted toward the cost of the license application if the exemption request is denied.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received;
(B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted;
(C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete petition;
1. the exemption shall be approved if the manufacturer can demonstrate that the OSCA is not toxic and does not pose a hazard to the aquatic environment;
2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(b) License Application, (form #1959 as found in the Guidance Document):
(1) the applicant shall apply for a license for an OSCA using a License Application, form #1959. This form shall be available from the Administrator upon request.
(2) the license shall be valid for a period not to exceed 5 years, and must be renewed prior to the expiration date if the manufacturer wants to continue to have the agent considered available for use during an oil spill.
(3) each application for a license shall be accompanied by a filing fee of one thousand dollars ($1000). These fees shall be used to cover the costs incurred by the Administrator in processing the application.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the petition has been received;
(B) within 30 days of submittal, the applicant will be notified in writing if the petition is not complete, and will be informed of any additional information required. The petition will not be considered complete until all additional information has been submitted;
(C) the Administrator shall approve or deny the exemption request within 60 days of receiving a complete application;
1. the license shall be approved if the manufacturer can demonstrate the efficacy of the product as an oil spill cleanup agent, and if the product meets all the licensing requirements of this subchapter;
2. the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(c) License Term and Renewal, (form #1967 as found in the Guidance Document):
(1) The term of a license shall not exceed five years. There is no grace period for renewal. An OSCA may not be used after the expiration of the license.
(2) The manufacturer must apply for renewal of the license using the License Renewal Form #1967. The renewal forms shall be available from the Administrator upon request;
(3) Each application for renewal shall be accompanied by a filing fee of $100. This fee shall be used to cover costs incurred by the Administrator in processing the renewal.
(4) Review process:
(A) within 14 days of receipt, the Administrator will issue a letter of acknowledgment notifying the applicant that the renewal application has been received. If the renewal application is not complete, the letter of acknowledgment will include a list of any additional information that may be required. The application will not be considered complete until all additional information has been submitted;
(B) the Administrator shall approve or deny the request for renewal within 30 days of receiving a complete application;
(C) the license shall be renewed if:
1. the license has not previously been revoked for cause; and
2. the product formulations have not changed or, if changed, the modified formulation has been approved by the Administrator; and
3. the applicant submits a complete application and provides sufficient information to establish that the product meets current licensing criteria.
(D) the applicant shall be notified in writing of the Administrator's determination and the reasons for the decision.
(d) Appeals
(1) An applicant may appeal the Administrator's revocation of a license, or denial of an application for exemption, license or renewal;
(A) an appeal must be filed in writing within 15 working days of the date the notice of denial was mailed.
(B) the appeal must include the applicant's reason(s) for disputing the Administrator's decision. The applicant may include additional test data or other information regarding the OSCA that could be used by the Administrator to reconsider the initial decision.
(C) the Administrator will respond to an appeal within 30 days of receipt of the applicant's request for reconsideration.


Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.

s 885.3. Revoking a License.
(a) The Administrator may revoke a license for the following reasons:
(1) the OSCA does not perform as expected when applied to spilled oil;
(2) the formulation of the OSCA is changed;
(3) information becomes available that demonstrates that the OSCA is more toxic than previously determined, or has adverse effects in the aquatic environment not previously known or anticipated;
(4) information on the license or renewal applications is found to be incorrect, incomplete or inaccurate.
(b) Appeals
(1) A manufacturer may appeal the Administrator's revocation of a license using the process specified in s885.2 of this subchapter.


Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.

s 885.4. Accuracy of Information and Notification of Changes in Formulation.
(a) The applicant is responsible for the accuracy, completeness and timely update of all the information submitted in connection with the application to license an OSCA, and all the information stated on the product container label. An update to the application shall be considered timely if it is submitted before the application process is completed, and approval/denial determined. If anupdate is submitted, the application process timelines will recommence with receipt of the updated material. (continued)