Section 852.60.2 - 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 definition in Chapter 1:
(a) "Administrator" means the Administrator for oil spill response appointed by the Governor pursuant to Government Code Section 8670.4.(b) "Area Contingency Plan (ACP)" means an oil spill response plan required by the United States Coast Guard (USCG) for each of the identified regions along California's coast. ACPs are not intended to displace local emergency response plans, but rather provide a framework to integrate and coordinate response efforts between federal, state and local government agencies.(c) "Fund" means the Oil Spill Prevention and Administration Fund established pursuant to Section 8670.38 of the Government Code.(d) "Grant" means an award of funds to a local government for the update of a local plan, as described in subsection (h). The awarding of a grant is subject to availability of cash reserves in the Oil Spill Prevention and Administration Fund.(e) "Grant Agreement" means the written agreement, and any amendment(s) and written change orders thereto, which is/are signed by the Administrator or his/her designated representative and the grant recipient, and which defines the terms, provisions and conditions governing the grant.(f) "Grant Recipient" means the local government which receives a grant award from the California Department of Fish and Game's (CDFG), Office of Spill Prevention and Response (OSPR).(g) "Local government" means any chartered or general law city, chartered or general law county, or any city and county, or any operational area identified by the California Office of Emergency Services, and, for the purpose of this subchapter, must have jurisdiction over or be directly adjacent to marine waters.(h) "Local Oil Spill Contingency Plan" or "local plan" means a plan or annex to an existing plan pertaining to emergency response to a release or threatened release of oil within a city or a county and any additional minimum planning requirements identified in this subchapter. The objectives of the local plan shall include but not be limited to: identifying response resources and local agencies that may assist during an oil spill; and to ensure a coordinated effective response between local, state and federal agencies to provide the best achievable protection of California's coastal resources and marine waters.(i) "Marine Waters" means those waters subject to tidal influence, and includes the waterways used for waterborne commercial vessel traffic to the Port of Sacramento and the Port of Stockton.(j) "National Contingency Plan" (NCP), means the National Oil and Hazardous Substances Pollution Contingency Plan (40 Code of Federal Regulations, part 300 (2011)). The NCP serves as the blueprint for guiding the federal government's response to an oil spill or hazardous materials discharge, occurring in the United States both offshore and inland. The NCP focuses on the federal response to an oil spill, including the responsibilities of the Federal On-Scene Coordinator and the roles and responsibilities of the National Response Team.(k) "Oiled Wildlife Care Network" (OWCN), means the organization managed by the University of California, Davis Wildlife Health Center. Its primary responsibility is the protection, rescue, and rehabilitation of oiled wildlife. Facilities within the OWCN have been established and maintained in a state of readiness to provide the best achievable treatment for marine mammals and birds affected by an oil spill. The Oil Spill Prevention and Response Act established and provided the funding of the OWCN (Government Code § 8670.37.5), as an essential component of California's wildlife response capability as the lead state trustee agency for fish, wildlife and their habitats.(l) "Region IX Regional Contingency Plan" (RCP), outlines the response mechanisms that would be activated among tribal, state and federal agencies in the event of an emergency situation. It is not the intent of the RCP to displace local emergency response plans, but rather it is intended to coordinate with local plans and build on the mechanisms set forth in NCP. Included in the RCP are the California Wildlife Operations Plan and the Dispersant Plan developed by OSPR, in coordination with other state and federal agencies, and many interested parties.Cal. Code Regs. Tit. 14, § 852.60.2
1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
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. Change without regulatory effecting amending subsections (a), (f) and (h) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
4. Amendment of section and NOTE filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
5. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
6. Change without regulatory effect amending subsection (g) filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43). Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code.
1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
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. Change without regulatory effecting amending subsections (a), (f) and (h) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
4. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
5. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).
6. Change without regulatory effect amending subsection (g) filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).