§ 2320. Inspections and Monitoring.

(a) The Division shall carry out an inspection program which shall include the following:

(1) At least once a year, the Division shall cause to be carried out an inspection of each marine terminal in the state to determine whether all parts of the terminal are being maintained and operated in such a manner to ensure the public health and safety and the protection of the environment and in accordance with the operations manual required, and approved under Section 2385 of these regulations and 33 CFR Part 154.

(2) On a continuing basis in accordance with Chapter 31F of Divisions 1 through 11, Title 24, Part 2, Volume 1 of the California Code of Regulations, the Division shall carry out or cause to be carried out inspections and investigations of each onshore marine terminal in the state to determine whether the structural integrity of the terminal, the oil transfer operations system and the safety equipment are designed and being maintained in a safe working condition.

(3) On a continuing basis, the Division shall monitor transfer operations at all terminals.

(b) Every agent or employee of the Division shall, prior to the inspection of a marine terminal or monitoring of an oil transfer operation, or at the time the agent or employee arrives at the terminal or vessel to carry out inspection or monitoring activities, make every reasonable attempt to notify the TPIC or VPIC, as appropriate, of the intended activity.

(c)(1) Every terminal operator shall provide to the Division access at any time to any and all parts of the operator's terminal.

(2)(A) Every terminal operator shall provide to the Division access at any time to any and all documents, records, policies, guidelines and reports relating to terminal personnel training, testing, inspections, maintenance and operation of the terminal, including but not limited to, the following:

1. A copy of the terminal operator's letter of intent;

2. A copy of the state approved terminal operations manual with its letter of adequacy;

3. The name of each person currently designated as a TPIC at that terminal;

4. The date and result of the most recent test or examination of each item tested or examined as required by 33 CFR 156.170;

5. The hose information required by Section 2380, subsections (a)(1)(E), (F) and (G), including that marked on the hose;

6. The record of all inspections and examinations of the terminal by the U.S. Coast Guard and the Division within the last 3 years;

7. The record of all safety related inspections and examinations of the terminal by the State Fire Marshal local fire department or any port police within the last 3 years;

8. Any current permits to perform work of a hazardous nature issued pursuant to Section 2360; and

9. The Declaration of Inspection required by Section 2335.

(B) If policies, guidelines and reports described in subsection (A) of this section for a particular terminal are not available at the terminal except in an office or other location which is open and reasonably accessible only during reasonable business hours, the terminal operator shall not be required to provide the Division access to those policies, guidelines and reports except during reasonable business hours.

(C) No terminal operator shall be required to provide access to policies, guidelines and reports except during reasonable business hours, during transfer operations or during investigations resulting from emergency situations, including, but not limited to, oil discharge events or situations where an oil discharge involving the terminal may be imminent.

(3) Each operator of any vessel shall provide to the Division access on board the vessel at any and all times the vessel is engaged in oil transfer operations at any terminal. Access shall be provided to any and all parts of the vessel necessary, as deemed by the employee or agent of the Division, to monitor any and all phases, aspects and parts of transfer operations for compliance with regulations of the State of California.

(4) Access under subsections (c)(1), (2) and (3) of this section shall be provided without warrant or prior notification by the Division.

(5)(A) If any duly authorized employee or agent of the Division is denied access, as specified in this section, to any part of the terminal or to any vessels at the terminal, the employee or agent shall immediately make every reasonable attempt to notify the TPIC or VPIC, whichever is appropriate, that access has been denied.

(B) No terminal may be used in transfer operations with any vessel during any period where any duly authorized employee or agent of the Division is denied access to that vessel.

(6) If any duly authorized employee or agent of the Division is denied access as specified under this section, the Division shall do all of the following:

(A) Provide notification of the denial of access to the Coast Guard Marine Safety Office having jurisdiction;

(B) Provide notification of the denial of access to the Administrator; and

(C) Take whatever legal action is necessary or appropriate to obtain access.

(d) In the event of an oil spill, the presence of any employee or agent of the Commission shall in no way relieve or alter any responsibility any operator of a terminal or vessel may have to report the discharge to the Office of Emergency Services, as required under Government Code Section 8670.25.5, and to comply with all applicable contingency plans and all requirements under the Government Code regarding response to oil spills.

HISTORY

1. New section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).

2. Amendment of subsections (c)(2)(A) and (c)(2)(A)8. filed 3-9-99; operative 4-8-99 (Register 99, No. 11).

3. Amendment of subsection (a)(2) filed 2-21-2006; operative 3-23-2006 (Register 2006, No. 8).

Note

Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8670.1 through 8670.70, Government Code; and Sections 8750, 8751, 8755 and 8756, Public Resources Code.