Section 816.04 - Plan Implementation and Use(a) Availability (1) Marine Facility Plans (A) A complete copy of the marine facility's approved plan must be maintained on-site if the facility is staffed, or at the nearest field office if the facility is not staffed.(B) A copy of the response manual must be maintained at all sites covered by the plan.(C) Response manuals for pipeline facilities shall be maintained at all sites covered by the plan or where operations and maintenance activities are conducted.(2) Tank Vessel Plans (A) A complete copy of the tank vessel's contingency plan, including the response manual, must be maintained by the owner/operator.(B) A complete copy of the tank vessel's approved response manual must be maintained on board the tank vessel at all times.(3) The plan, or response manual, whichever is required, must be in a central location accessible to key response personnel at all times.(4) A complete copy of the contingency plan, including the response manual, must be maintained by the Qualified Individual and available for use in the event of an incident.(5) A complete copy of the contingency plan, including the response manual, must be maintained by the owner/operator and made available for review and inspection by all relevant state agencies upon request.(6) Immediate Notification Information(A) Immediate response and notification information shall be summarized and posted in a conspicuous location with access to a telephone, or other similar means of communication.(b) Implementation (1) Each plan shall be effective upon submittal. Any element of the plan that can not be implemented upon submittal must be covered by a timetable for implementation. Elements included in the timetable may include such items as the purchase of equipment, or the implementation of specific prevention measures. The timetable must also include an explanation for the delay, and provide for full implementation within six months of plan submittal, unless an extension is authorized by the Administrator.(2) The owner/operator must implement the plan according to any timetable submitted as part of the plan.(3) An owner/operator, or any of his/her agents and employees shall use and implement the effective plan in the event of an oil spill or an oil spill drill.(4) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response.(5) All involved parties, as defined, shall carry out whatever direction is given by the Administrator in connection with the response, containment, and cleanup of a spill. A responsible party or potentially responsible party may refuse to accept a directive from the Administrator if: (A) the directions of the Administrator are in direct conflict with directions from the Federal On-scene Coordinator; and/or(B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment.(6) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and: (A) the party that has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted within 48 hours of the refusal;(B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified.(7) Failure to implement the plan appropriately shall constitute a violation of this subchapter.(c) Coordination With Other Plans (1) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan.(2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990 that are in effect on January 15 of the year in which the contingency plan update is required.Cal. Code Regs. Tit. 14, § 816.04
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. Amendment of subsections (a)(1), (a)(4), (b)(1), (b)(7) and (c)(2) and amendment of NOTE filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending NOTE filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12). Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.27, 8670.28, 8670.28.5, 8670.29, 8670.30(a)(2) and 8670.57- 8670.69.6, 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. Amendment of subsections (a)(1), (a)(4), (b)(1), (b)(7) and (c)(2) and amendment of Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).