California § 8670.32 - A spill management team (SMT) may apply to the administrator for a certification

§ 8670.32. A spill management team (SMT) may apply to the administrator for a certification

(a) A spill management team (SMT) may apply to the administrator for a certification of that SMT’s response capabilities. The administrator shall establish criteria for certifying SMTs based on an SMT’s capacity to respond to spills and manage spills effectively pursuant to this section. (b) Upon receiving a completed application for certification, the administrator shall review the application and certify the SMT based on the SMT’s satisfactory compliance with criteria established by the administrator. (c) The administrator shall not issue a certification until the applicant SMT’s performance has been observed during an actual spill or exercise in California. The administrator may call an exercise to test the resources and response capabilities of the SMT before approval of the application. (d) A certification issued pursuant to this section shall be valid for three years unless suspended or revoked. The administrator shall review the certification of each certified SMT at least once every three years. The administrator shall not renew a certification unless the SMT meets criteria established by the administrator. (e) (1) The administrator shall periodically require a certified SMT to demonstrate that the SMT can meet the applicable provisions of an oil spill contingency plan in which the SMT is listed. These demonstrations may be achieved through inspections, announced and unannounced exercises, or by any other means. SMT exercises, to the extent practical, should be combined with other relevant exercises. (2) The administrator may modify, suspend, or revoke an SMT’s certification if the SMT does not satisfactorily complete an exercise or does not have a satisfactory performance at a spill. (3) The administrator may determine that satisfactory performance at a spill during the three-year certification period may be substituted in lieu of an exercise. (f) Each certified SMT shall provide reasonable notice to the administrator of each exercise in which the SMT intends to participate, and the administrator may attend the exercise. (g) The costs incurred by an SMT to comply with this section and the regulations adopted pursuant to this section, including exercises called by the administrator, shall be the responsibility of the SMT. All local, state, and federal agency costs incurred in conjunction with participation in an exercise shall be borne by each respective agency. (h) (1) A certification issued pursuant to this section pertains only to the SMT that applied for and received that certification, and the certification is not transferable, assignable, or assumable. A certification does not constitute a possessory interest in real or personal property. (2) If there is a change in ownership or control of the SMT, the certification of that SMT is null and void and the SMT shall file a new application for a certification pursuant to this section. (3) For purposes of this subdivision, a “change in ownership or control” includes, but is not limited to, a change in corporate status, or a transfer of ownership that changes the majority control of voting within the entity. (i) The administrator may charge a reasonable fee to process an application for, or renewal of, a certification. (j) The administrator shall adopt regulations to implement this section as appropriate. At a minimum, the regulations shall address all of the following: (1) Criteria for certification of SMTs, including, but not limited to, all of the following: (A) The geographic regions of the state where the SMT intends to provide spill management services. (B) The number of people and equipment that the SMT would provide to support managing the response to a spill. (C) Timeframes for having personnel on scene. (2) Criteria for successful completion of SMT objectives at an exercise. (3) Training. (4) The process for applying for a certification, and for suspension, revocation, appeal, or other modification of a certification.