Cal. Code Regs. tit. 14 § 852.60.4

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

Section 852.60.4 - Duties and Responsibilities

The Administrator of OSPR has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities and damage assessment after an oil spill, in consultation with other state agencies and local governments.

In the event of an oil spill in marine waters, OSPR shall conduct an initial on-scene assessment of the spill and review the measures being taken by the Responsible Party (RP) and determine the appropriate level of response. In the event that the United States Coast Guard (USCG) is on the scene first and has done an assessment, OSPR may accept the USCG's initial assessment and response determination if it is consistent with the guidelines set forth in the California Oil Spill Contingency Plan. The state shall establish a Unified Command (UC) with the (USCG) at a spill in which both the state and federal jurisdictions are involved.

The UC shall consist of the State's On-Scene Coordinator (SOSC), the Federal On Scene Coordinator (FOSC), the senior representative of the party responsible for the spill if the party is identified and assumes responsibility and, if included in the Memorandum of Understanding (MOU) described in Subsection (d) below, the representative(s) from the local jurisdiction(s) directly impacted by the spill. The local government representative(s) shall be designated within their local plan prepared pursuant to Section 852.62.2(a)(1)(E) of this subchapter.

Such participation by local governments in the UC shall be conditioned on the following:

(a) Completion of their local plan that meets the requirements of this subchapter.

(b) Participation by local governments in the area contingency planning process of the USCG.

(c) Recognition of the Federal On-Scene Coordinator (FOSC) and the State On-Scene Coordinator (SOSC) who have the authority to issue orders and direction to the responsible party (RP), if identified.

(d) Upon completion of the process described in Article 2 of this subchapter, a memorandum of understanding (MOU) shall be entered into between the Administrator of OSPR and local government(s). The MOU is for the purposes of ensuring a unified and coordinated effort between state and local government agencies through appropriate mutual aid in the event of an oil spill incident.

Cal. Code Regs. Tit. 14, § 852.60.4

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending second and third paragraphs and subsection (d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and NOTE filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).

Note: Authority cited: Section 8574.1, 8574.7, 8670.7 and 8670.35, Government Code. Reference: Sections 8574.1, 8574.7, 8670.7 and 8670.35, Government Code.

1. New section filed 2-22-93; operative 2-22-93 (Register 93, No. 9).
2. Change without regulatory effecting amending second and third paragraphs and subsection (d) filed 9-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
3. Amendment of section and Note filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
4. Amendment filed 7-22-2011; operative 8-21-2011 (Register 2011, No. 29).