Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 4 - Office of Spill Prevention and Response
Chapter 2 - Financial Responsibility
Section 791.6 - Purpose and Scope

Cal. Code Regs. tit. 14 § 791.6

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 791.6 - Purpose and Scope
(a) The purpose of this chapter is to specify the procedures and timelines for obtaining and renewing a certificate of financial responsibility.
(b) An owner or operator of a facility, small marine fueling facility, mobile transfer unit, tank vessel, nontank vessel, or vessel carrying oil as secondary cargo required to have an oil spill contingency plan pursuant to subchapter 3 or subchapter 4 of chapter 3 of this subdivision, while operating in California, shall demonstrate to the satisfaction of the Administrator the financial ability to pay for costs and damages caused by a spill. The owner or operator shall do so by applying for and being issued a valid certificate of financial responsibility (hereafter referred to as a certificate). The acceptable methods for providing financial responsibility are described in section 795 of this chapter.
(c) If at any time the Administrator determines this chapter shall be applicable to a vessel or facility that had been given an exemption or for which this chapter had been deemed inapplicable, the vessel or facility owner or operator shall submit an application, pursuant to section 791.7, within 120 calendar days from the date of receipt of a written determination of applicability. Applicability is based on the criteria and provisions described at sections 815.03, 817.01, 817.04, 818.01, and 827.01 of this subdivision. OSPR shall review the application within thirty (30) calendar days.
(d) The required amounts of financial responsibility in no way restricts or sets financial limitations on any duty, obligation, or liability of the responsible party to the State of California or any other public or private entity. This includes civil penalties assessed pursuant to all applicable federal, state and local laws.
(e) A certificate of financial responsibility is conclusive evidence that the person or entity holding the certificate is the party responsible for the specified vessel, facility, or oil for purposes of determining liability for an oil spill, pursuant to section 8670.37.52 of the Government Code.

Cal. Code Regs. Tit. 14, § 791.6

1. New section filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
2. Redesignation and amendment of former subsection (b) as new subsections (b)(1)-(2) filed 12-16-2014; operative 4-1-2015 (Register 2014, No. 51).
3. Amendment of section and NOTE filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
4. Amendment of section and NOTE refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
5. Amendment of section and NOTE refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
6. Amendment of section and NOTE refiled 7-30-2018 as an emergency, including amendment of subsection (b)(4); operative 7-30-2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
7. Certificate of Compliance as to 7-30-2018 order, including amendment of section and NOTE, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).

Note: Authority cited: Sections 8670.7.5, 8670.37.53, 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.54, 8670.37.55 and 8670.37.56, Government Code.

1. New section filed 4-3-2012; operative 5-3-2012 (Register 2012, No. 14).
2. Redesignation and amendment of former subsection (b) as new subsections (b)(1)-(2) filed 12-16-2014; operative 4/1/2015 (Register 2014, No. 51).
3. Amendment of section and Note filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
4. Amendment of section and Note refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
5. Amendment of section and Note refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
6. Amendment of section and Note refiled 7-30-2018 as an emergency, including amendment of subsection (b)(4); operative 7/30/2018. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
7. Certificate of Compliance as to 7-30-2018 order, including amendment of section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).