Cal. Code Regs. tit. 14 § 819.01

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 819.01 - Oil Spill Response Organization (OSRO) Ratings
(a) An oil spill response organization may voluntarily apply to the Administrator for any or all of the following ratings: terrestrial service rating, on-water service rating for marine water, on-water service rating for inland water, non-floating oil rating, or a shoreline protection service rating.
(b) The Administrator will only grant ratings for applicable planning time frames within each area contingency plan or response planning area, as applicable. Ratings are issued based on the capability to provide the services of containment, recovery, oil storage, or sensitive site protection in the following environments:
(1) Inland waters designated as intermittent or ephemeral in the National Hydrography Dataset and the statewide quarter mile buffer data layer (as depicted in the Southwest Environmental Response Management Application, on the National Oceanic and Atmospheric Administration's website). This is applicable to terrestrial service ratings.
(2) Inland waters designated as perennial in the National Hydrography Dataset. This is applicable to inland on-water ratings.
(3) Marine waters.
(4) Shoreline protection of environmentally sensitive sites, as described in subsection 819.02(e)(4).
(c) An oil spill response organization with a current on-water rating (marine or inland) may request a terrestrial service rating, and vice versa, upon meeting the applicable rating requirements. The Administrator will treat such a rating as a modification to the rating and the expiration date of the current rating will remain in effect.
(d) An unrated oil spill response organization must submit a complete application at least 90 calendar days prior to a plan holder citing the oil spill response organization's response services to comply with the plan holder's contingency planning requirements.
(e) Only oil spill response organizations that receive a rating from the Administrator are eligible to enter into pre-spill agreements to provide response services to the Administrator for spills where the responsible party cannot be identified or is unable or unwilling to provide timely response and cleanup, pursuant to Government Code section 8670.56.6(j)(1).
(f) An oil spill response organization's rating shall remain in effect for three years from the date of issuance unless revoked.
(g) The ratings assigned pursuant to this subchapter are for planning purposes and may not reflect the exigencies of actual spill response.

Cal. Code Regs. Tit. 14, § 819.01

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 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 subsections (d)(1) and (e) filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of section heading, section and NOTE filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment of subsection (b) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of NOTE filed 10-12-2015 as an emergency; operative 10-12-2015. 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. 42).
7. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of NOTE refiled 10-4-2016 as an emergency, including further amendment of NOTE; operative 10-4-2016. 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. 41).
8. Amendment of subsection (a), new subsection (b), subsection relettering 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).
9. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of NOTE refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed 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).
10. Certificate of Compliance as to 7-30-2018 order, including repealer and new section heading and section and amendment of 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).
11. Amendment of subsections (a) and (a)(4) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).

Note: Authority cited: Sections 8670.7, 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 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. Amendment 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 subsections (d)(1) and (e)filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of section heading, section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment of subsection (b) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of Note filed 10-12-2015 as an emergency; operative 10-12-2015. 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. 42).
7. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of Note refiled 10-4-2016 as an emergency, including further amendment of Note; operative 10-4-2016. 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. 41).
8. Amendment of subsection (a), new subsection (b), subsection relettering 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).
9. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of Note refiled 7-30-2018 as an emergency; operative 7/30/2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed 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).
10. Certificate of Compliance as to 7-30-2018 order, including repealer and new section heading and section and amendment of 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).
11. Amendment of subsections (a) and (a)(4) filed 11-28-2022; operative 1/1/2023 (Register 2022, No. 48).