§ 2432. Definitions.

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

(a) “Division” means the Marine Facilities Division of the California State Lands Commission.

(b) “Division Chief” means the Chief of the Marine Facilities Division or any employee of the Division authorized by the Chief to act on his behalf.

(c) “Marine terminal” means a facility 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 oil 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.

(d) “Marine Terminal Security Officer” or “MTSO” means a person employed by the terminal operator designated to be responsible for terminal security.

(e) “Marine Terminal Physical Security Plan” means a written document describing the practices, procedures, responsibilities, equipment and structures that provide for the security of the terminal.

(f) “Physical Security Survey and Assessment” means the terminal operator's identification and evaluation of weaknesses in physical security of important assets, infrastructures, appurtenances and procedures that are critical to the marine terminal, that, if damaged, could cause harm to people or to the environment.

(g) “Terminal Operator” means any person or entity which owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses a terminal, pipeline, or facility. “Terminal 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.

HISTORY

1. New section filed 2-24-2003; operative 2-24-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).

Note

Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8757, Public Resources Code; and Section 25270.2, Health and Safety Code.