No tanker or barge may use any marine facility in the state unless the tanker or barge is in compliance with all applicable federal and state laws and regulations governing equipment, personnel, construction, financial responsibility, and operations relating to the prevention of oil spills.
Chapter 2Prevention, Inspection, Response, Containment, and Cleanup Programs
Section § 8752
If you own a tanker or barge and want to use a marine facility in California, your vessel must meet all relevant federal and state regulations. These rules cover everything from the equipment used and the qualifications of the personnel, to how the ship is built, its financial responsibilities, and operations. The main focus is on preventing oil spills.
tanker compliance barge use regulations marine facility access oil spill prevention equipment standards personnel qualifications construction requirements financial responsibility operational regulations marine safety environmental protection state laws federal regulations spill prevention measures vessel compliance
Section § 8753
This section mandates that all necessary rules, regulations, and guidelines based on this chapter must be established by January 1, 1992.
All rules, regulations, and guidelines required pursuant to this chapter shall be adopted by January 1, 1992.
rules adoption deadline regulatory compliance deadline January 1 1992 guidelines creation implementation timeline regulatory guidelines statutory requirements legal compliance operational regulations chapter-specific rules regulations enforcement policy guidelines regulatory framework standard procedures deadline for adoption
Section § 8754
This section allows a state administrator to stop a marine terminal from handling oil with tankers or barges if they find significant repetitive violations that haven't been fixed, especially if they pose risks to health or the environment. If past issues were settled, they can't stop operations unless they provide strong proof the violations happened, and the terminal can dispute this. Operations can restart once the terminal proves all problems are resolved and compliance is assured.
(a)CA Public Resources Code § 8754(a) The administrator may prohibit an owner or operator of a marine terminal from delivering or accepting oil to or from any tanker or barge if the administrator finds, after noticed hearing, that the owner or operator has violated this chapter and that previous convictions, judgments, or settlements for those violations occurred during the prior three years and meet all of the following criteria:
(1)CA Public Resources Code § 8754(a)(1) The violations have not been corrected or reasonable progress toward correction has not been achieved.
(2)CA Public Resources Code § 8754(a)(2) The violations demonstrate a recurring pattern of noncompliance.
(3)CA Public Resources Code § 8754(a)(3) The violations pose, or have posed, a significant risk to public health and safety or to the environment.
(b)CA Public Resources Code § 8754(b) The administrator shall not order the termination of operations pursuant to subdivision (a) if the decision to deny is based, in whole or in part, on violations that were resolved through a settlement, unless the administrator presents substantial evidence proving that the violations did occur and the applicant is then given the opportunity to rebut the evidence of the administrator.
(c)CA Public Resources Code § 8754(c) The administrator may allow terminals to resume transfers to and from the tankers or barges described if, after noticed hearing, the administrator is satisfied that the owner or operator has corrected all violations and will comply with all of the provisions of this division.
marine terminal oil delivery tanker barge recurring violations public health risk environmental risk noncompliance pattern violation correction operation termination operation resumption administrator hearing evidence rebuttal settlement violations substantial evidence risk to safety
Section § 8755
This law directs state officials to create rules for marine terminals to prevent oil spills. It covers how these rules should maintain high standards without conflicting with other authorities like the Coast Guard. The rules must ensure safety for public health and the environment. The law clarifies that it doesn't apply to certain onshore oil tanks or pipelines regulated by the State Fire Marshal. The commission should also work with local and federal agencies to ensure consistency. This law took effect on January 1, 2012.
(a)CA Public Resources Code § 8755(a) The administrator and the executive officer of the commission shall confer and propose, and the commission shall adopt, rules, regulations, guidelines, and commission leasing policies for reviewing the location, type, character, performance standards, size, and operation of all existing and proposed marine terminals within the state, whether or not on lands leased from the commission, and all other marine facilities on lands under lease from the commission to minimize the possibilities of a discharge of oil. Rules, regulations, and guidelines adopted by the commission shall not conflict with regulations of the administrator or the Coast Guard. The commission shall ensure that the rules, regulations, guidelines, and commission lease covenants provide the best
achievable protection of public health and safety and the environment. Any rules, regulations, and guidelines governing the location of a marine terminal on lands under lease from a local government or port district shall not include provisions for review by the commission of any specific location, provided the location chosen or approved by the local government meets standards specified in the rules, regulations, and guidelines.
(b)CA Public Resources Code § 8755(b) This section shall not apply to any aboveground oil storage tank located entirely onshore which is subject to inspection programs and regulation under Chapter 6.67 (commencing with Section 25270) of Division 20 of the Health and Safety Code. This section shall include pipelines that are within or part of marine terminals. This section shall not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal
law.
(c)CA Public Resources Code § 8755(c) The commission shall consult with the administrator and other affected local and federal agencies with respect to the rules, regulations, and guidelines. The consultation with the administrator shall ensure, at a minimum, consistency with the requirements for vessels that the administrator adopts under Section 8670.17 of the Government Code.
(d)CA Public Resources Code § 8755(d) This section shall become operative on January 1, 2012.
marine terminals oil spill prevention environmental protection public health safety commission leasing policies marine facilities regulations compliance discharge of oil Coast Guard regulations local government standards pipeline regulations State Fire Marshal jurisdiction consultation with agencies marine terminal operations protection guidelines
Section § 8756
The law requires the commission to regularly update and adjust its rules and policies to ensure marine terminal and facility operators provide the highest possible level of safety for public health and the environment. However, this regulation does not apply to pipelines exclusively moving petroleum products, as those are managed by the State Fire Marshal.
The commission shall periodically review and accordingly modify its rules, regulations, guidelines, and commission leasing policies to ensure that all operators of marine terminals within the state and marine facilities under the commission’s jurisdiction always provide the best achievable protection of the public health and safety, and the environment. This section shall not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.
marine terminals marine facilities public health protection environmental safety best achievable protection commission rules regulation updates leasing policies operator responsibilities safety guidelines State Fire Marshal pipeline exclusion petroleum products commission's jurisdiction
Section § 8757
This law requires the commission to regularly inspect marine facilities and their equipment, monitoring how operations affect public health, safety, and the environment. These inspections should be coordinated with federal, state, and local agencies, and records of the activities must be kept.
The law encourages collaboration with agencies like the Division of Oil and Gas and the California Coastal Commission, allowing them to help with inspections. However, this law doesn't apply to pipelines used only for transporting petroleum products if they're overseen by the State Fire Marshal.
(a)CA Public Resources Code § 8757(a) The commission shall inspect or cause to be inspected, on a regular basis, all marine facilities, along with associated equipment and shall monitor their operations and the effects on public health, safety, and the environment. These inspection and monitoring activities shall, to the greatest extent possible, be coordinated with federal, state, and local agencies having lawful jurisdiction. The commission shall maintain a record of these activities for each marine facility.
(b)CA Public Resources Code § 8757(b) Any such inspection conducted under this chapter shall be coordinated to the maximum extent with other state, federal, and local agencies. The commission is specifically encouraged to enter into agreements that would permit other agencies with existing inspection programs, including, but not limited to, the Division of Oil and Gas, the California Coastal Commission, and the State Water Resources Control Board, to conduct the inspections required in this chapter. This section does not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.
marine facility inspections public health and safety environmental monitoring agency coordination federal and state agency cooperation inspection agreements Division of Oil and Gas California Coastal Commission State Water Resources Control Board petroleum transportation pipelines State Fire Marshal jurisdiction equipment inspection local agency involvement operational monitoring environmental effects
Section § 8758
This law requires operators of marine facilities to create and maintain an operations manual outlining the equipment and procedures used to protect health, safety, and the environment, and to prevent oil spills. The manual must be approved by a commission, which compares it to specific rules and guidelines. If the first submission is rejected, operators must revise and resubmit it within 90 days. The manual should be updated regularly with operational or technological changes. If a manual is rejected twice, it could lead to penalties under different laws. All marine facilities and vessels must adhere to the approved manual. This rule doesn't apply to certain petroleum pipelines regulated by the State Fire Marshal.
(a)CA Public Resources Code § 8758(a) Each operator of a marine facility shall prepare an operations manual describing equipment and procedures which the operator employs or will employ to protect public health and safety, and the environment and to prevent oil spills. The operations manual shall also describe equipment and procedures required for all vessels to or from which oil is transferred through use of the marine facility. The operations manual shall be submitted for approval to the commission.
(b)CA Public Resources Code § 8758(b) Every existing operator shall submit a manual within one year after the commission has adopted a program of rules, regulations, and guidelines as specified in this section.
(c)CA Public Resources Code § 8758(c) The commission shall approve the operations manual if the manual meets the governing rules, regulations, and guidelines adopted pursuant to subdivision (b). The commission shall deny approval of the operations manual if the commission finds the operations manual is not consistent with the rules, regulations, and guidelines. If the commission denies approval, it shall provide written reasons for its decision. The operator shall, within 90 days, submit a new manual responding to the reason for refusal and incorporating any suggested modifications.
(d)CA Public Resources Code § 8758(d) The operations manual shall be updated as necessary pursuant to the findings in the hazards and operability study or as when facility operations or technology change.
(e)CA Public Resources Code § 8758(e) The commission may require modification of the operations manual of any operator within its jurisdiction if the commission finds that the manual is no longer consistent with the rules, regulations, and guidelines adopted pursuant to subdivision (b).
(f)CA Public Resources Code § 8758(f) Once an operator’s operations manual has been approved, all equipment and operations of the operator’s marine facility shall be maintained or be carried out in accordance with the operations manual.
(g)CA Public Resources Code § 8758(g) All vessels docked at any marine facility in the state shall comply with the terms of the operations manual of the marine facility.
(h)CA Public Resources Code § 8758(h) The commission shall report to the administrator each marine facility whose operations manual is denied after the second submission. Failure to gain approval after the second submission may be determined by the administrator to be a violation of Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code. The administrator shall take any action he or she determines to be necessary.
(i)CA Public Resources Code § 8758(i) This section does not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.
marine facility operations manual oil spill prevention equipment procedures public health and safety environmental protection manual approval process commission regulations hazards and operability study facility technology updates vessel compliance state jurisdiction operator responsibilities manual revision regulatory penalties exclusive petroleum pipelines
Section § 8759
This law states that the commission will be paid back for any reasonable expenses they incur while working under this division from the Oil Spill Prevention and Administration Fund.
The commission shall be reimbursed from the Oil Spill Prevention and Administration Fund for reasonable expenses undertaken under this division.
Oil Spill Prevention Administration Fund reimbursement of expenses reasonable expenses commission expenses environmental protection funding cost recovery fund disbursement spill prevention costs financial reimbursement resource allocation spill management expenses funding allocation commission operational costs
Section § 8760
This section requires the commission to work closely with various agencies, including state and federal entities like the Coast Guard and Department of Transportation, before taking any actions related to this part of the law.
The commission shall consult with the administrator, other state agencies, and agencies of the federal government, such as the United States Coast Guard and the Department of Transportation, to the maximum extent feasible, before undertaking actions pursuant to this division.
agency consultation state agencies federal agencies United States Coast Guard Department of Transportation inter-agency collaboration action coordination division actions maximum extent feasible commission responsibilities state and federal cooperation regulatory consultation stakeholder engagement
