§ 13-1165. [Reserved]

(a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR, Part 171 (e.g., all interstate carriers, and intrastate carriers transporting hazardous wastes, hazardous substances, flammable cryogenics or marine pollutants) shall comply with the detailed written incident reporting requirements contained in 49 CFR 171.16.

(b) Carriers not directly subject to federal jurisdiction shall report incidents involving hazardous materials or hazardous wastes during transportation,loading or unloading, or temporary storage on carrier premises as follows:

(1) Reports Required. A written report is required of incidents that result in:

(A) Any spill or discharge of hazardous materials or hazardous wastes from any package container, or tanker

(B) Fatality, injury, or hospitalization of any person due to fire, explosion of, or exposure to any hazardous material or hazardous wasters

(C) Continuing danger to life, health or natural resources at the scene of the incident

(D) Estimated property damage exceeding $50,000

(2) Report Content and Routing. The written report shall, within 30 days of the date of incident discovery, be submitted to the Department of the California Highway Patrol, Hazardous Materials Section, Post Office Box 942898, Sacramento, CA 94298-0001. The report shall include time and date of occurrence, injuries, property damage, continuing danger to life at the scene of the incident, identification of the commodity and its classification, and other pertinent details. The report may be prepared utilizing DOT Form F5800.1, Hazardous Materials Incident Report. A guide document for assisting in the completion of DOT Form F5800.1 may be obtained from the Office of Hazardous Materials Transportation, DHM-51, U.S. Department of Transportation, Washington DC 20590-0001.

(3) Report Retention. A copy of each hazardous materials or hazardous waste spill report shall be retained by the carrier for at least six months, and shall be subject to inspection by duly authorized employees of the department.

(4) Exceptions. Except for incidents required to be reported under 49 CFR 171.15(a), and incidents involving the transportation of hazardous wastes, the requirements of subsection (b) do not apply to incidents involving the spill or discharge of materials being transported under the following proper shipping names:

(A) Consumer commodity

(B) Battery, electric storage, wet, filled with acid or alkali

(C) Paint and paint related material when shipped in packagings of five gallons or less.

HISTORY

1. New subsection (e) filed 5-12-77 as an emergency; effective upon filing (Register 77, No. 20).

2. Certificate of Compliance filed 7-15-77 (Register 77, No. 29).

3. Amendment of subsection (b) filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

4. New subsection (e) and relettering and amendment of former subsection (e) to subsection (f) filed 2-22-82; effective thirtieth day thereafter (Register 82, No. 9).

5. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No. 26).

6. Repealer of subsection (e) filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).

7. Repealer filed 11-30-88; operative 12-30-88 (Register 88, No. 51).

8. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).

9. Change without regulatory effect repealing section filed 11-16-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).

10. Repealer of section heading filed 8-20-97; operative 9-19-97 (Register 97, No. 34).

Note

Note: Authority cited: Section 32102, Vehicle Code. Reference: Section 32107, Vehicle Code.