Cal. Code Regs. tit. 14 § 816.02

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 816.02 - Plan Format

On or before December 31, 2011, OSPR will accept either an original hard copy of the contingency plan or a CD-ROM formatted contingency plan with a signed copy of the "Feasibility and Executability Statement" required by this subchapter.

After December 31, 2011, OSPR will no longer accept original hard copies of the contingency plan. All submittals will either be made online as approved by OSPR, or in an electronic format approved by the Administrator. If changes are made to a plan, updates can either be submitted on-line, or a complete and up-to-date plan must be submitted in an electronic format approved by the Administrator.

Other documents required to be submitted with the contingency plan, such as evidence of the contracts or other approved means with Oil Spill Response Organizations and certified spill management teams, or general arrangement and tank diagrams, shall be scanned and submitted in an electronic format approved by the Administrator. Although not required, it is requested that the Table of Contents be linked to the different sections of the plan. Also, if a Federal Vessel Response Plan (VRP) or other non-California plan format is used, it is requested that the plan be electronically linked to the plan sections that comply with California's requirements. Each plan shall be organized into separate volumes: a response manual and a principal volume or volumes with related appendices. The format for each is outlined below:

(a) Response Manual

A simplified response manual suitable for on-scene use in the event of a spill which summarizes key notification information and the initial response actions specified in the plan shall be prepared and submitted with each plan.

(1) The response manual is a subset of the information provided in the principal volume of the plan.

(2) The information contained in the response manual shall be sufficient to direct on-scene response personnel through the first 24 hours of a response.

(b) Principal Volume of the Plan

(1) The principal volume shall include all the required information including a summary of the conclusions of all studies, calculations and analyses.

(2) The principal volume of each plan shall be organized to facilitate access to information, and shall include:

(A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in Sections 817.02, 817.03, 818.02 or 818.03;

(B) a system of numbered chapters, sections and appendices;

(C) index tabs for locating plan chapters;

(D) a log sheet placed in the front of the plan for recording all amendments and updates; and

(E) amendments and updates that are consecutively numbered and dated.

(3) If hard copies of the plan are submitted, they shall be submitted in an 8 1/2 by 11 inch 3-ring binder, in a loose-leaf format to allow replacement of chapter or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan.

(4) If a fleet or blanket plan is used, the principal volume of the plan will include all the information generic to all the marine facilities or tank vessels covered by the plan.

(5) All hard copy and electronic documents submitted will become the property of the Administrator. The documents will be retained by the Administrator for a minimum of three (3) years, unless the contingency plan is withdrawn by the submitter.

(c) Appendices

(1) Tank Vessel-Specific Appendix

If a fleet plan is used, each plan must include an appendix for each tank vessel covered by the plan. The vessel-specific appendix must provide the descriptive information regarding layout and design unique to that tank vessel.

(2) Marine Facility-Specific Appendix

If a blanket plan is used each plan must include an appendix for each marine facility covered by the plan. The facility-specific appendix must address all the required information unique to that facility.

(3) Geographic-Specific Appendix to Tank Vessel Plans

Each tank vessel plan must include an appendix to address the geographic-specific elements along the tank vessel's normal routes of travel. This appendix must include:

(A) all required notification information for each Geographic Region in which the tank vessel operates;

(B) identification of the oil spill response organizations to be used in each of the six Geographic Regions, as defined in Chapter 1, Section 790 of this subdivision, along the tank vessel's normal routes of travel; and

(C) evidence of the written contract or other approved means (as defined in Section 790 of this subdivision) that will verify that the oil spill response organization and certified spill management team that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill.

(d) Substitute Plans

If a substitute plan is submitted, such as a plan prepared for the State Lands Commission, the Minerals Management Service, the California Coastal Commission, or the United States Coast Guard, the following must also be submitted:

(1) a listing of all the elements of the individual tank vessel or marine facility's contingency plan that will be replaced by elements in the substitute plan, with an index specifying the location of the required elements, by regulation section, within the substitute plan;

(2) any required prevention or response element not included in the substitute plan must be submitted as an appendix to the substitute plan; and

(3) a copy of the response manual required by this section.

Cal. Code Regs. Tit. 14, § 816.02

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. Editorial correction of subsection (d)(1) (Register 95, No. 41).
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 NOTE filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of first paragraph, new second and third paragraphs and amendment of NOTE filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
7. Amendment of third paragraph and subsection (c)(3)(C) and amendment of NOTE 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 8670.32, Government Code. Reference: Sections 8670.28, 8670.29, 8670.31 and 8670.32, 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. Editorial correction of subsection (d)(1) (Register 95, No. 41).
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 Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of first paragraph, new second and third paragraphs and amendment of Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
7. Amendment of third paragraph and subsection (c)(3)(C) and amendment of Note 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.)