SECTIONS 8750-8751 - California Statutes

PUBLIC RESOURCES CODE

SECTION 8750-8751

8750. Unless the context requires otherwise, the following
definitions govern the construction of this division:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4 of the
Government Code.
(b) "Barges" means any vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(c) (1) "Best achievable protection" means the highest level of
protection which can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods which provide the greatest degree of
protection achievable. The administrator's determination of best
achievable protection shall be guided by the critical need to protect
valuable coastal resources and marine waters, while also considering
(A) the protection provided by the measures, (B) the technological
achievability of the measures, and (C) the cost of the measures.
(2) It is not the intent of the Legislature that the administrator
use a cost-benefit or cost-effectiveness analysis or any particular
method of analysis in determining which measures to require. Instead,
it is the intent of the Legislature that the administrator give
reasonable consideration to the protection provided by the measures,
the technological achievability of the measures, and the cost of the
measures when establishing the requirements to provide the best
achievable protection for coastal and marine resources.
(d) "Best achievable technology" means that technology which
provides the greatest degree of protection taking into consideration
(1) processes which are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development, and (2) processes which are
currently in use anywhere in the world. In determining what is best
achievable technology, the administrator shall consider the
effectiveness and engineering feasibility of the technology.
(e) "Commission" means the State Lands Commission.
(f) "Local government" means any chartered or general law city,
chartered or general law county or any city and county.
(g) "Marine facility" means any facility of any kind, other than a
vessel, which is or was used for the purposes of exploring for,
drilling for, producing, storing, handling, transferring, processing,
refining, or transporting oil and is located in marine waters, or is
located where a discharge could impact marine waters unless the
facility (1) is subject to Chapter 6.67 (commencing with Section
25270) or Chapter 6.75 (commencing with Section 25299.10) of Division
20 of the Health and Safety Code or (2) is placed on a farm,
nursery, logging site, or construction site and does not exceed
20,000 gallons in a single storage tank. For the purposes of this
division, a drill ship, semisubmersible drilling platform, jack-up
type drilling rig, or any other floating or temporary drilling
platform is a "marine facility." For the purposes of this division, a
small craft refueling dock is not a "marine facility."
(h) "Marine terminal" means any marine facility used for
transferring oil to or from tankers or barges. For the purposes of
this section, a marine terminal includes all piping not integrally
connected to a tank facility as defined in subdivision (k) of Section
25270.2 of the Health and Safety Code.
(i) "Marine waters" means those waters subject to tidal influence,
except for waters in the Sacramento-San Joaquin Rivers and Delta
upstream from a line running north and south through the point where
Contra Costa, Sacramento, and Solano Counties meet.
(j) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, which evaporates relatively quickly.
Specifically, it is an oil with hydrocarbon fractions, at least 50
percent of which, by volume, distills at a temperature of 645 degrees
Fahrenheit, and at least 95 percent of which, by volume, distills at
a temperature of 700 degrees Fahrenheit.
(k) "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.
(l) "Onshore facility" means any facility of any kind which is
located entirely on lands not covered by marine waters.
(m) "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 facility or the facility
itself, where the entity is not involved in the operations of the
facility.
(n) "Person" means an individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, limited liability company, and association.
"Person" also includes any city, county, city and county, district,
and the state or any department or agency thereof, and the federal
government, or any department or agency thereof, to the extent
permitted by law.
(o) "Pipeline" means any pipeline used at any time to transport
oil.
(p) "Responsible party" or "party responsible" means either of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility or a person or entity accepting
responsibility for the vessel or marine facility.
(q) "Small craft refueling dock" means a fixed facility having
tank storage capacity not exceeding 20,000 gallons in any single
storage tank and that dispenses nonpersistent oil to small craft.
(r) "Spill" or "discharge" means any release of at least one
barrel (42 gallons) of oil not authorized by any federal, state, or
local government entity.
(s) "State oil spill contingency plan" means the California oil
spill contingency plan prepared pursuant to Article 3.5 (commencing
with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(t) "Tanker" means any self-propelled, waterborne vessel,
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.
(u) "Vessel" means a tanker or barge as defined in this section.

8751. Notwithstanding any other provision of law, this division
shall be applicable to all terminals, pipelines, facilities, vessels,
and activities in the state, whether on lands that have been
legislatively granted to local governments or on lands which remain
ungranted.