Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 1. FISH AND GAME COMMISSION--DEPARTMENT OF FISH AND GAME
SUBDIVISION 4. OFFICE OF SPILL PREVENTION AND RESPONSE
CHAPTER 5. LOANS, CLAIMS AND GRANTS
SUBCHAPTER 1. LOCAL GO
Date:
08/31/2009
Document:
ยง 852.62.2. Minimum Planning Requirements
(a) The Emergency Notification and Coordination Section.
The Emergency Notification and Coordination Section shall contain information which is essential for emergency notification(s) and coordination of incident response to an oil spill in marine waters within or adjacent to the jurisdiction of the local government.
(1) Emergency Notification.
The purpose of the Emergency Notification provisions set forth in this section is to provide timely notice to appropriate agencies and emergency personnel at the state, federal and local level. Emergency Notification shall include the following:
(A) Predesignation of the local government's primary contact person, including title and primary and after-hours telephone number, who is charged with the responsibility and authority to initiate local oil spill response operations.
(B) A current list of telephone numbers and addresses of the federal, state and local organizations and agencies to be notified by the local government's primary contact person when an oil discharge is discovered, which shall include the Office of Emergency Services. The Office of Emergency Services is currently required to then notify public agencies which may be affected by a spill, including the OSPR.
(C) A current list of local emergency response personnel, by job classification or title, including primary and after-hours telephone numbers and addresses of personnel on call to receive notification of an oil discharge.
(D) The local emergency response personnel and local organizations and agencies identified in Subsections (a)(1)(B) and (a)(1)(C) must include, but are not limited to: law enforcement; fire fighting services; medical and public health and safety services; poison control centers; evacuation centers; and hospitals.
(E) Predesignation of a local response coordinator, and alternate(s), including title, and telephone number, who are charged with the responsibility and authority to direct and coordinate local response operations including: crowd and traffic control; emergency evacuation; beach closures; fire suppression; and mobilization of local equipment and personnel. During emergency response, this person will serve as the local government representative for the State On-Scene Coordinator. Communication may be coordinated through the State Liaison officer identified in the State's Incident Command System outlined in the Marine Oil Spill Contingency Plan.
(2) Coordination of Incident Response.
The purpose of the Coordination of Incident Response provisions set forth in this subsection is to clarify local governments' role and responsibilities during an oil spill response.
(A) The following language must be restated in this section of the local government oil spill contingency plan element in order to delineate how the local government's role will be coordinated in the State's Incident Command System:
"The Administrator, in consultation with other state agencies and the local government representative, 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 the event of an oil spill in marine waters, the OSPR shall conduct an initial on-scene assessment of the spill and review the measures being taken by the responsible party and determine the appropriate level of response.
The State On-Scene Coordinator, in consultation with the local government representative, and if applicable, through joint conference with the Federal On-Scene Coordinator, shall determine the nature of the local government support needed, and how local government resources identified in the local oil spill contingency plan element may be employed most effectively. If local government assistance is determined to be needed, the State On-Scene Coordinator, through the Unified Command, shall coordinate with the local government representative identified in the local oil spill contingency plan element in order to obtain such local assistance."
(B) Procedures to establish coordinated communications with federal, state, and other local government response personnel to include, but not be limited to the following:
1. Provisions for access to a reliable communications system for timely notification of an oil discharge, a back up system, and the capability for interconnection with the communications systems established under related oil spill contingency plans, particularly State and National plans.
(b) The Emergency Planning and Procedures Section.
The purpose of the Emergency Planning and Procedures Section is to provide information essential for an effective and timely emergency response. This shall include logistics for emergency response, pre-emergency planning, training, drills, and incident critique and follow-up.
(1) Logistics for Emergency Response.
This section will assist in the identification of staging areas and local resources which may be used during an oil spill response. To the greatest extent possible, local area maps should be provided, where applicable, for the following information:
(A) Identification and description of possible locations for an oil spill response operations center and a reliable communications system for directing the coordinated overall response operations by the Unified Command.
(B) Firefighting capabilities for oil fires for both shipboard and on-shore structures, levels of fire response capability, and willingness of local government to respond to oil fires.
(C) Potential staging area sites to be used by the Unified Command for use in deployment of response equipment along the coastline.
(D) Identify a person, by title, or an agency within the local government to coordinate and obtain lodging accommodations for emergency response personnel, upon request. In addition, provide a listing (or copies of a listing) of local accommodations.
(E) Identification and inventory of available emergency response supplies and equipment under the control of the local government, which may potentially be used during an oil spill response to protect or contribute to the protection of resources. The list should include oil-spill-specific equipment, such as booms and skimmers, as well as land-moving equipment, such as bulldozers and cranes. In addition, identify the contact agency(s), title of person(s) with authority to deploy such equipment, their telephone numbers, and location where the equipment and supplies are stored.
(F) Identification and information on all local airports, or the nearest airport, which may be used for incoming response personnel and/or during response operations. This information should include sufficient details in order to determine the possible role of the airport during an emergency response.
(G) Identification of potential temporary hazardous waste storage sites that may be used for temporary storage of oily wastes retrieved following a marine oil spill, and procedures for securing necessary permits or variances from appropriate state agency(s), including title of responsible person at each agency, and a 24-hour telephone number.
(H) Identification and description of the private or public property and roads to which access would be required in the event of a spill, for the areas where a spill is most likely to occur or have an impact on the shoreline. Additionally, this information should identify a mechanism by which the local government can gain access to ownership information for such properties and a contact phone number on a 24-hour basis.
(I) Identification of local facilities, marine facilities, and marinas including location, capacity, and hours of operation which may be significantly impacted during an oil spill. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from or discharge systems into marine waters, and if disrupted would significantly impact the public health and safety. This would include, but is not limited to, water treatment plants, power plants, and desalination plants. Additionally, this information should contain the name, title and telephone number of a local contact person, and/or person(s) who own, hold an ownership interest in, or operate the local facility, marine facility, or marina, as applicable.
">(J) Identification of control structures in areas which are tidally influenced, including river mouths, creeks, bays, and wetlands, which may be used to ameliorate or modify tidal flows in order to minimize damages resulting from an oil spill.
(K) Identification of all locally significant areas, including river mouths, bays, recreational boating use areas, shipping lanes and harbor entrances, which may require closure or other emergency measures in the event of an oil spill.
(L) Identification of local government representatives having information concerning local volunteer response groups, animal rescue/recovery groups, local media contacts or public information.
(M) Identification of possible locations for volunteer operations center facilities for oil spill volunteers. These facilities should have adequate space for screening prospective volunteers, registration, training, assignment and deployment of qualified volunteers to an oiled wildlife care facility or field location.
(2) Pre-Emergency Planning.
The pre-emergency planning portion of the Emergency Planning and Procedures Section shall contain information and provision for pre-emergency planning of local emergency response with state and federal responding agencies, particularly the state OSPR, and coordination of pre-emergency planning for response among contiguous jurisdictions.
In order to meet the requirements set forth in this provision of the Emergency Planning and Procedures Section, pre-emergency planning information may be set forth in this section or cross referenced to other portions of the oil spill contingency plan element or the local governments' area plan established pursuant to Health and Safety Code Section 25503 for emergency response to a release or threatened release of a hazardous material. The following information shall for purposes of pre-emergency planning be included or otherwise cross referenced in this section:
(A) Provisions for establishing a definition of authorities, responsibilities and duties of all persons, or entities that are identified in the Incident Command System. The authorities, responsibilities and duties of each person/entity shall be consistent with the State's Incident Command system. Additionally, identify person(s) by title and telephone number, with authority to commit resources during an oil spill response, if such person(s) differ from those person(s) predesignated to participate in the Incident Command System.
(B) Provisions for pre-emergency planning and coordination among emergency responders within the jurisdiction of a city, county or local agency. Pre-emergency planning shall include coordination of emergency response and emergency assistance between contiguous jurisdictions, and/or other jurisdictions within the same Coast Guard Designated Area.
(C) Procedures to assure that full oil spill response resource capability, under the control of the grant recipient, is known and can be committed during an oil spill response upon the request of the State On-Scene Coordinator. Such resources shall include the supplies and equipment identified in Section 852.62.2(b)(1)(E) of this subchapter.
(3) Training Requirements
(A) At a minimum, the oil spill contingency plan element shall establish provisions to ensure training of fire, police and other emergency response personnel in oil spill response and cleanup equipment use and operations that is currently available to the local government, and ensure compliance with all other applicable state or federal training requirements;
(B) Provisions for documenting personnel training described in Subsection (A) above.
(4) Drills.
The Emergency Planning & Procedures Section shall include provisions for coordinating drill participation with the grant paricipant and the State, and shall include the title and phone number of a contact person for drill participation. The grant participant shall make every effort to participate in oil spill contingency plan drills.
(5) Incident Critique and Follow-up.
The Emergency Planning & Procedure Section shall describe provisions for the critique and follow-up of major incidents of a release or threatened release of oil into the marine waters of the state. The critique shall include an interagency meeting to evaluate the response, to improve future response, and to determine if any oil spill contingency plan element revisions are necessary.
(c) The Local Resource Information Section.
The Local Resource Information Section of the oil spill contingency plan element shall include local area information that could be used by the State in order to facilitate the response to an oil spill. Only readily available information which the local governments currently possess should be included. Mapping of information may be completed to the extent feasible and, where possible, should be prepared on U.S.G.S. "7.5 minute series topographic maps" (7.5 minute quads). This section may include, but is not limited to, the following information:
(1) Identification of Natural Resources and Local Conditions.
(A) A description of the important natural, economic and cultural resources, or those which the grant recipient considers significant, which may be potentially impacted by marine oil spills that are within or adjacent to the jurisdiction of the local government. This description should include available information that the local government currently possesses and may include narratives or a listing of information sources on any known environmentally sensitive areas within local government jurisdiction. OSPR is principally responsible for gathering this information and prioritizing natural resources. OSPR is particularly interested in gathering information pertaining to species habitat and distribution, spawning or nursery areas, migration corridors, breeding grounds and/or feeding grounds. Accordingly, grant funds may not be expended to research, collect and prioritize this information.
(B) Based on information that the grant recipient currently possesses, identification of structures located in marine waters including piers, breakwater, submerged obstacles, pipelines and platforms.
(C) Based on information that the grant recipient currently possesses, identification of those areas where, from the perspective of the grant recipient, oil spills are most likely to occur.
(2) Identification of Facilities and local Areas of Major Concern to the Local Government.
This subsection shall contain information on facilities, areas of commercial interest, and public and private recreational areas which could be impacted by a marine oil spill and are of major concern to the local government. For purposes of this subsection "facility" means any public or private utility or plant that requires water intake from, or discharge systems into, marine waters and which, if disrupted, would significantly impact the public health and safety. This could include, but is not limited to, water treatment plants, power plants, and desalination plants. The listing or identification of facilities should include the location of the facility and the location of water intakes and discharges that may need to be protected during an oil spill. Additionally, this subsection may include:
(A) A prioritization of those facilities, areas of commercial interest, and public and private recreational areas within the jurisdiction of the local governments, that are of major concern during an oil spill. This includes the following:
1. A prioritization of those facilities that may be impacted by an oil spill which, if impacted, pose a potential threat to the public health and safety.
2. A prioritization of areas of economic or commercial interest, and public/private recreational interest including, but not limited to, mariculture, commercial fisheries, commercials ports, recreational areas and tourist areas.
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