Section 845.2 - Inspections and Monitoring(a) The Administrator shall carry out an inspection program which shall include the following: (1) at least once every three years, the Administrator shall conduct a system safety inspection of each vessel engaged in transfer operations in the marine waters of California. Such an inspection shall determine whether the vessel is in compliance with equipment, procedures, and other requirements as specified by this subchapter.(2) monitoring transfer operations at the transfer site on a continuing, random basis.(b) Inspectors' Access to Vessels and Records. (1) Every vessel operator shall provide the Administrator access at any time to any and all policies, guidelines and reports relating to the testing, inspection, maintenance and operation of the vessel, including but not limited to operations manuals and U.S. Coast Guard Inspection Reports.(2) All vessel operators involved in transfer operations shall ensure that the Administrator has access at any and all times on board any and all vessels engaged in transfer operations. The vessel operator shall provide, at a minimum, SOLAS approved access to board the vessel. Access shall be provided to the Administrator for the purpose of monitoring transfer operations and compliance with regulations of the U.S. Coast Guard and the Administrator with regard to oil pollution prevention during such operations. The Administrator shall have access to any and all areas of the vessel necessary, as deemed by the inspector, to monitor any and all phases, aspects, and parts of the transfer operations.(3) Access under paragraphs (1) and (2) shall be provided without warrant or prior notification by the Administrator.(4) If the Administrator is denied access as specified under this section, all transfer operations at the vessel shall terminate and may not proceed until the earlier of the following occurs:(A) the Administrator gives approval for transfers to proceed; or(B) a period of 48 hours has elapsed from the time that the Administrator informed that access was denied. During such 48 hour period the Administrator shall pursue appropriate legal remedies to gain access, or enjoin further oil transfers.(5) If access as specified under this section is denied, the Administrator shall do all of the following: (A) provide notification of the denial of access to the U.S. Coast Guard Marine Safety Office having jurisdiction;(B) provide notification of the denial of access to the State Lands Commission; and(C) take whatever legal action is necessary to obtain access, including, but not limited to, the following: 1. seeking any orders or other documents necessary or appropriate from a court having proper jurisdiction; or2. seeking any other orders or documents necessary or appropriate.(c) In the event of an oil spill, the presence of any of the Administrator's inspectors or any other agent or employee of the Administrator shall in no way relieve or alter any responsibility the operator of a vessel involved in transfer operations may have to report the discharge to the Office of Emergency Services, as required under Government Code Section 8670.25.5, and to comply with all applicable contingency plans and all requirements under the Government Code regarding response to oil spills.Cal. Code Regs. Tit. 14, § 845.2
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94, No. 28).
3. Amendment of subsections (b)(2) and (b)(5)(A) filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33). Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.18 and 8670.25.5, Government Code.
1. New section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Noteand filed 7-12-94 (Register 94, No. 28).
3. Amendment of subsections (b)(2) and (b)(5)(A) filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).