SECTIONS 8670.25-8670.27 - California Statutes

GOVERNMENT CODE

SECTION 8670.25-8670.27

8670.25. (a) A person who, without regard to intent or negligence,
causes or permits any oil to be discharged in or on the marine waters
or inland waters of the state shall immediately contain, clean up,
and remove the oil in the most effective manner that minimizes
environmental damage and in accordance with the applicable
contingency plans, unless ordered otherwise by the Coast Guard or the
administrator.
(b) If there is a spill, an owner or operator shall comply with
the applicable oil spill contingency plan approved by the
administrator.

8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the
California Emergency Management Agency pursuant to Section 25507 of
the Health and Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters shall report the updated
information immediately to the California Emergency Management
Agency pursuant to paragraph (1). The report shall contain the
accurate or complete information, or the revised quantity of oil
discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the California Emergency Management Agency shall
notify the administrator, the State Lands Commission, the California
Coastal Commission, the California regional water quality control
board having jurisdiction over the location of the discharged oil,
and the appropriate local governmental agencies in the area
surrounding the discharged oil, and take the actions required by
subdivision (d) of Section 8589.7. If the spill has occurred within
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, the California Emergency Management Agency
shall notify that commission. Each public agency specified in this
subdivision shall adopt an internal protocol over communications
regarding the discharge of oil and file the internal protocol with
the California Emergency Management Agency.
(c) The 24-hour emergency telephone number of the California
Emergency Management Agency shall be posted at every terminal, at the
area of control of every marine facility, and on the bridge of every
tankship in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.

8670.26. Any local or state agency responding to a spill of oil
shall notify the California Emergency Management Agency, if
notification as required under Section 8670.25.5, Section 13272 of
the Water Code, or any other notification procedure adopted in the
California oil spill contingency plan has not occurred.

8670.27. (a) (1) All potentially responsible parties for discharged
oil and all of their agents and employees and all state and local
agencies shall carry out response and cleanup operations in
accordance with the applicable contingency plan, unless directed
otherwise by the administrator or the Coast Guard.
(2) Except as provided in subdivision (b), the responsible party,
potentially responsible parties, their agents and employees, the
operators of all vessels docked at a marine facility that is the
source of a discharge, and all state and local agencies shall carry
out spill response consistent with the California oil spill
contingency plan or other applicable federal, state, or local spill
response plans, and owners and operators shall carry out spill
response consistent with their applicable response contingency plans,
unless directed otherwise by the administrator or the Coast Guard.
(b) If a responsible party or potentially responsible party
reasonably, and in good faith, believes that the directions or orders
given by the administrator pursuant to subdivision (a) will
substantially endanger the public safety or the environment, the
party may refuse to act in compliance with the orders or directions
of the administrator. The responsible party or potentially
responsible party shall state, at the time of the refusal, the
reasons why the party refuses to follow the orders or directions of
the administrator. The responsible party or potentially responsible
party shall give the administrator written notice of the reasons for
the refusal within 48 hours of refusing to follow the orders or
directions of the administrator. In any civil or criminal proceeding
commenced pursuant to this section, the burden of proof shall be on
the responsible party or potentially responsible party to
demonstrate, by clear and convincing evidence, why the refusal to
follow the orders or directions of the administrator was justified
under the circumstances.