Cal. Code Regs. tit. 2 § 2315

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2315 - Definitions

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

(a) "Administrator" means the administrator for oil spill response, as referenced in Public Resources Code Section 8750, subsection (a).

(b) "Apparent violation" means an act, course of action or omission which, in the opinion of an agent or employee of the Division authorized to make such a determination, appears to be in violation of one or more of the provisions of Article 5.

(c) "Barge" means any vessel that carries oil in commercial quantities as cargo, but is not equipped with a means of self-propulsion.

(d) "Bunkers" or "bunker fuel" means fuel oil or lubrication oil supplied to any vessel for operating its propulsion and auxiliary machinery.

(e) "CFR" means the currently effective edition of the United States Code of Federal Regulations.

(f) "Commission" means the California State Lands Commission.

(g) "Division" means the Marine Environmental Protection Division of the California State Lands Commission.

(h) "Division Chief" means the Chief of the Marine Environmental Protection Division or any employee of the Division authorized by the Chief to act on his behalf.

(i) "HOSE TECHNICAL INFORMATION BULLETIN: No. IP-11-4" means the 1995 edition of the "Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose; Manual for Maintenance, Testing and Inspection", published by the Rubber Manufacturers Association (RMA), 1400 K Street, N.W., Washington, D.C. 20005.

(j) "Hot work" means work involving sources of ignition or temperatures sufficiently high to cause the ignition of a flammable gas mixture. This includes any work requiring the use of welding, burning or soldering equipment; blow torches; permitted power driven tools; portable electrical equipment which is not intrinsically safe or contained within an approved explosion proof housing; sand blasting equipment; or internal combustion engines.

(k) "ISGOTT" means the Fourth Edition of the International Safety Guide for Oil Tankers and Terminals, published in 1996 by the International Chamber of Shipping (ICS), 30/32 St. Mary Axe, London EC3A 8ET, England.

(l) "International Safety Management (ISM) Code" or "ISM Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization (IMO) by resolution A.741(18), as an amendment to the Annex to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), (new Chapter IX) at the IMO's May 1994 SOLAS Conference.

(m) "Marine terminal" means a facility, including a mobile transfer unit, other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from tank vessels or barges. The term references all parts of the facility including, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of these regulations, a marine terminal includes all piping not integrally connected to a tank facility. A tank facility means any one or combination of above ground storage tanks, including any piping which is integral to the tank, which contains crude oil or its fractions and which is used by a single business entity at a single location or site. A pipe is integrally related to an above ground storage tank if the pipe is connected to the tank and meets any of the following:

(1) The pipe is within the dike or containment area;

(2) The pipe is connected to the first flange or valve after the piping exits the containment area; or

(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.

(n) "MARPOL 73/78" means the final act of the International Conference on Marine Pollution, 1973, including the International Convention for the Prevention of Pollution from Ships, 1973 and of the Protocol of 1978, published in MARPOL 73/78, Consolidated Edition, 1991, IMO Publications, International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, England.

(o) "Mobile transfer unit" means a marine fueling facility that is a vehicle, truck, trailer, tank car, or land based transportable tank, including all connecting hoses and piping, used for the transferring of oil at a location where a discharge could impact marine waters.

(p) "Offshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.

(q) "Oil" means any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.

(r) "Onshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to land structures or substantially land structures.

(s) "Operator" when used in connection with vessels, marine terminals, pipelines, or facilities, means any person or entity which owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses that vessel, terminal, pipeline, or facility. "Operator" does not include any entity which owns the land underlying the terminal or the terminal itself, where the entity is not involved in the operations of the terminal.

(t) "Spill" or "discharge" means any release of oil into marine waters which is not authorized by any federal, state, or local government entity.

(u) "Tank vessel" or "tanker" means any self-propelled, waterborne vessel, constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.

(v) "Terminal" means marine terminal.

(w) "Terminal person in charge" or "TPIC" means an individual designated by the terminal operator as the person in charge of a particular oil transfer operation at a particular terminal.

(x) "Threatened violation" means any threatened act, course of action or omission which, if carried out, in the opinion of an agent or employee of the Division authorized to make such a determination, would appear to be in violation of one or more of the provisions of Article 5.

(y) "Transfer" means any movement of oil, including movements of bunker fuel, between the terminal and the vessel by means of pumping, gravitation or displacement. The term "transfer" also includes those movements of oil to, from or within any part of the terminal or vessel that are directly associated with the movement of oil or bunker fuel between the terminal and the vessel.

(z) "Transfer area" means that part of a terminal through which oil product moves between a vessel and the first manifold or shut-off valve outside the terminal area as described in the terminal operations manual.

(aa) "Transfer operations" means the following:

(1) For all terminals, all activities carried out with regard to a transfer, including, but not limited to:

(A) Preparation for transfer;

(B) Hookup and disconnect of hoses, mechanical loading arms and any other equipment used for transferring oil; and

(C) Steady pumping.

(2) For offshore terminals:

(A) All activities set forth in subsection (aa)(1) of this section; and

(B) The procedures and maneuvers for mooring and unmooring of the tank vessel or barge to and from the buoy or buoys as described in the terminal operations manual.

(bb) "Vessel" means every description of watercraft or other artificial contrivance, used or capable of being used, as a means of transportation on water and includes, but is not limited to, tank vessels and barges.

(cc) "Vessel person in charge" or "VPIC" means the person in charge of the vessel's oil transfer operations.

Cal. Code Regs. Tit. 2, § 2315

1. New section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).
2. Editorial correction inserting inadvertently omitted first paragraph (Register 93, No. 10).
3. Amendment filed 3-9-99; operative 4-8-99 (Register 99, No. 11).
4. Change without regulatory effect amending subsections (g) and (h) filed 11-25-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 48).

Note: Authority cited: Sections 8750, 8751, 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8756, Public Resources Code.