(a) In accordance with the rules, regulations, and policies established by the administrator pursuant to Section 8670.28, an owner or operator of a facility, small marine fueling facility, or mobile transfer unit, or an owner or operator of a tank vessel, nontank vessel, or vessel carrying oil as secondary cargo, while operating in the waters of the state or where a spill could impact waters of the state, shall have an oil spill contingency plan that has been submitted to, and approved by, the administrator pursuant to Section 8670.31. An oil spill contingency plan shall ensure the undertaking of prompt and adequate response and removal action in case of a spill, shall be consistent with the California oil spill contingency plan, and shall not conflict with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). (b) An oil spill contingency plan shall, at a minimum, meet all of the following requirements: (1) Be a written document, reviewed for feasibility and executability, and signed by the owner or operator, or their designee. (2) Provide for the use of a recognized incident command system to be used during a spill. (3) Provide procedures for reporting oil spills to local, state, and federal agencies, and include a list of contacts to call in the event of a drill, exercise, threatened spill, or spill. (4) Describe the communication plans to be used during a spill, if different from those used by a recognized incident command system. (5) Describe the strategies for the protection of environmentally sensitive areas. (6) (A) Identify at least one rated OSRO, rated pursuant to Section 8670.30. Each identified rated OSRO shall be directly responsible by contract, agreement, or other approved means to provide oil spill response activities pursuant to the oil spill contingency plan. A rated OSRO may provide spill response activities individually, or in combination with another rated OSRO, for a particular owner or operator. (B) Commencing January 1, 2023, if nonfloating oil is handled or transported, the contingency plan shall identify at least one OSRO rated for nonfloating oil spill response pursuant to Section 8670.30. (C) For purposes of this paragraph, âother approved meansâ includes the owner or operator relying on its own response equipment and personnel if the response equipment and personnel have been rated by the administrator consistent with the requirements of Section 8670.30. (7) Identify a qualified individual. (8) (A) Identify at least one certified spill management team, certified pursuant to Section 8670.32, that is capable of managing a spill of the reasonable worst case spill volume identified in the plan. An owner or operator may demonstrate incident management capabilities with one or more spill management teams. Each identified certified spill management team shall be directly responsible by contract, agreement, or other approved means to provide spill response activities pursuant to the oil spill contingency plan. (B) For purposes of this paragraph, âother approved meansâ includes the owner or operator relying on its own spill management team if that spill management team has been certified by the administrator consistent with the requirements of Section 8670.32. (9) Provide the name, address, and telephone and facsimile numbers for an agent for service of process, located within the state and designated to receive legal documents on behalf of the owner or operator. (10) Provide for training, drills, and exercises on elements of the plan at least annually, with all elements of the plan subject to a drill or exercise at least once every three years. (c) An oil spill contingency plan for a vessel shall also include, but is not limited to, all of the following requirements: (1) The plan shall be submitted to the administrator at least seven days prior to the vessel entering waters of the state. (2) The plan shall provide evidence of compliance with the International Safety Management
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