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 792 - In Lieu of Reliance on the Certificate: Tankers, Nontank Vessels, Tank Barges, and Owners of Oil

Cal. Code Regs. tit. 14 § 792

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 792 - In Lieu of Reliance on the Certificate: Tankers, Nontank Vessels, Tank Barges, and Owners of Oil
(a) When the owner of all of the oil contained in the tanker, tank barge, or nontank vessel, or the person accepting responsibility for the oil, holds the certificate in lieu of the tanker, tank barge, or nontank vessel owner or operator, then the owner or person accepting responsibility for the oil shall provide the following: a copy of documentation demonstrating ownership of, or responsibility for, all the oil contained in the vessel, a written statement authorizing application of the certificate to the tanker, tank barge or nontank vessel, and a copy of the certificate to the tanker, tank barge or nontank vessel owner or operator.
(b) If the owner or operator of a vessel intends to rely on a certificate issued to the owner of the oil or person accepting responsibility for the oil, then the vessel owner or operator shall, at least twenty-four hours prior to operating in waters of the state, provide the Administrator with the following:
(1) By way of phone call, notice of the intent to operate and the certificate numbers applicable to all of the oil at all times during the transport; and
(2) A copy of a written statement by the holder(s) of the applicable certificate(s) authorizing its (their) application to the vessel.
(c) An operator who is not also the owner of the certificated tanker, tank barge, or nontank vessel, shall carry on board such tanker, tank barge, or nontank vessel a copy of the charter-party or any other written document which demonstrates that the operator is the operator designated on the certificate.
(d) An owner or operator of a tanker, tank barge, or nontank vessel used exclusively to respond to, contain, and clean up oil spills shall be exempt from the financial responsibility requirements set forth in this chapter, provided the responsible party or the Administrator agrees to indemnify the owner or operator, or the owner or operator is subject to the qualified immunity provisions set forth in Government Code Section 8670.56.6.

Cal. Code Regs. Tit. 14, § 792

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (c), (d), (g), (j) and (k), transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading and section filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of subsections (b) and (e) filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section heading, section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (a), (b), (d) and (e) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Change without regulatory effect amending NOTE filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
11. Amendment of NOTE filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
12. Repealer of subsection (e), subsection relettering and amendment of NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).
13. Editorial correction of HISTORY 12 (Register 2010, No. 6).
14. Amendment of subsection (a) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
15. Amendment of subsections (a) and (e)-(e)(2) and amendment of 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).
16. Amendment of subsections (a) and (e)-(e)(2) and amendment of 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).
17. Amendment of subsections (a) and (e)(1)-(2) and amendment of 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).
18. Amendment of subsections (a) and (e)(1)-(2) and amendment of NOTE refiled 7-30-2018 as an emergency; 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).
19. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading, 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, 8670.37.51, 8670.37.53, 8670.37.54, 8670.37.56 and 8670.37.58, Government Code. Reference: Sections 8670.37.51, 8670.37.52, 8670.37.53, 8670.37.54, 8670.37.55, 8670.37.56, 8670.37.57, 8670.37.58 and 8670.56.6, Government Code.

1. New section filed 8-15-91 as an emergency; operative 8-15-91 (Register 92, No. 3). A Certificate of Compliance must be transmitted to OAL 12-1-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of law and new section filed 12-13-91 as an emergency; operative 12-14-91 (Register 92, No. 12). A Certificate of Compliance must be transmitted to OAL 4-13-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-91 order including amendment of subsections (c), (d), (g), (j) and (k), transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No. 22).
4. Amendment of section heading and section filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
5. Change without regulatory effect amending subsection (b) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
6. Amendment of subsections (b) and (e) filed 11-13-97; operative 11-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 46).
7. Amendment of section heading, section and NOTE filed 12-28-99; operative 2-3-2000 (Register 99, No. 53).
8. Amendment of subsections (a), (b), (d) and (e) filed 2-4-2000 as an emergency; operative 2-4-2000 (Register 2000, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-5-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 2-4-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
10. Change without regulatory effect amending Note filed 6-24-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 26).
11. Amendment of Note filed 6-26-2003; operative 6-26-2003 (Register 2003, No. 26).
12. Repealer of subsection (e), subsection relettering and amendment of Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).
13. Editorial correction of History 12 (Register 2010, No. 6).
14. Amendment of subsection (a) filed 7-14-2011; operative 8-13-2011 (Register 2011, No. 28).
15. Amendment of subsections (a) and (e)-(e)(2) and amendment of 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).
16. Amendment of subsections (a) and (e)-(e)(2) and amendment of 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).
17. Amendment of subsections (a) and (e)(1)-(2) and amendment of 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).
18. Amendment of subsections (a) and (e)(1)-(2) and amendment of Note refiled 7-30-2018 as an emergency; 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).
19. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading, 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).