Section 815.05 - DefinitionsIn addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definitions in Chapter 1:
(a)"Area Exercise" means an exercise of the Area Contingency Plan and selected oil spill contingency plans through the combination of tabletop and equipment deployment exercises in accordance with the National Preparedness for Response Exercise Program.(b)"Dedicated Response Resources" means equipment and personnel committed solely to oil spill response, containment, and cleanup that are not used for any other activity that would adversely affect the ability of that equipment and personnel to provide oil spill response services in the timeframes for which the equipment and personnel are Rated. Ratings of six hours or earlier require either dedicated response resources or OSRO owned and controlled response resources, as specified in Section 819.04(b)(2) of this subchapter.(c)"Equipment Deployment Exercise" means an exercise of oil spill response equipment identified in an oil spill contingency plan or an OSRO application through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate, where the equipment may need to be used in an actual oil spill response.(d)"Full Scale Combination Exercise" means an exercise of an oil spill contingency plan involving both the spill management response efforts and the actual deployment and operation of oil spill response equipment as it would be used in spill response efforts at a specific site.(e)"Implementation of the Plan" means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational.(f)"Innocent Passage" means navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.(g)"Letter of Approval" means a letter or other written document issued by the Office of Spill Prevention and Response to the owner/operator of a vessel or marine facility plan holder following verification, inspection and if required by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the facility or vessel plan holder's contingency plan.(h)"Marine Waters" means those California marine waters subject to tidal influence and includes all waterways used for waterborne commercial vessel traffic to the Port of Stockton and the Port of Sacramento.(i)"Non-Dedicated Response Resources" means those response resources listed by an OSRO for oil spill response activities that are not dedicated response resources.(j)"OSRO-owned and controlled resources" means equipment owned by the OSRO and personnel who are employed directly by the OSRO.(k)"OSRO Rating Letter" (ORL) means a written document issued by the Office of Spill Prevention and Response to an OSRO following verification, inspection and unless exempted by the Administrator, satisfactory performance in an announced and unannounced drill, and final review of the OSRO's application.(l)"Plan Holder" means the owner/operator of a tank vessel, nontank vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter.(m)"Plan Recipient" means a receiving agency and any other entity that has been designated in this subchapter to receive a copy of the vessel or marine facility oil spill contingency plan.(n) "Shallow-Draft Vessel" means: (1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less;(2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less.(o)"Systems Approach" means an assessment of the infrastructure and the support resources that an OSRO must have to mobilize, transport, deploy, sustain, and support the equipment resources necessary for the level of response for which Rated.(p)"Tabletop Exercise" means an exercise of an oil spill contingency plan and the spill management response efforts without the deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill.(q)"Unannounced Drill" means an exercise of an oil spill contingency plan or an OSRO application initiated by OSPR without prior notice to the plan holder or oil spill response organization.Cal. Code Regs. Tit. 14, § 815.05
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section and NOTE filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending subsections (c) and (m) and amending NOTE filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of section and NOTE filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment of subsections (b)(1)(A) and (b)(2)-(3), repealer and new subsection (g) and amendment of subsections (h), (i) and (n) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
7. Amendment of subsection (b)(3) filed 10-12-2007 as an emergency; operative 10-12-2007 (Register 2007, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-9-2008 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 10-12-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 18).
9. Amendment of subsection (b)(3) filed 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-28-2008 order transmitted to OAL 7-25-2008 and filed 8-6-2008 (Register 2008, No. 32).
11. Amendment of subsection (p) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
12. Repealer of subsections (b)-(b)(3) and (p) and subsection relettering filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.) Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.3, 8670.28, 8670.29 and 8670.30, Government Code.
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending section filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending subsections (c) and (m) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment of subsections (b)(1)(A) and (b)(2)-(3), repealer and new subsection (g) and amendment of subsections (h), (i) and (n) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
7. Amendment of subsection (b)(3) filed 10-12-2007 as an emergency; operative 10-12-2007 (Register 2007, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-9-2008 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 10-12-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 18).
9. Amendment of subsection (b)(3) filed 4-28-2008 as an emergency; operative 4-28-2008 (Register 2008, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-28-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-28-2008 order transmitted to OAL 7-25-2008 and filed 8-6-2008 (Register 2008, No. 32).
11. Amendment of subsection (p) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
12. Repealer of subsections (b)-(b)(3) and (p) and subsection relettering filed 12-28-2021; operative 4/1/2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)