Section 5655 Of Article 1. General From California Fish And Game Code >> Division 6. >> Part 1. >> Chapter 2. >> Article 1.
5655
. (a) In addition to the responsibilities imposed pursuant to
Section 5651, the department may clean up or abate, or cause to be
cleaned up or abated, the effects of any petroleum or petroleum
product deposited or discharged in the waters of this state or
deposited or discharged in any location onshore or offshore where the
petroleum or petroleum product is likely to enter the waters of this
state, order any person responsible for the deposit or discharge to
clean up the petroleum or petroleum product or abate the effects of
the deposit or discharge, and recover any costs incurred as a result
of the cleanup or abatement from the responsible party.
(b) An order shall not be issued pursuant to this section for the
cleanup or abatement of petroleum products in any sump, pond, pit, or
lagoon used in conjunction with crude oil production that is in
compliance with all applicable state and federal laws and
regulations.
(c) The department may issue an order pursuant to this section
only if there is an imminent and substantial endangerment to human
health or the environment and the order shall remain in effect only
until any cleanup and abatement order is issued pursuant to Section
13304 of the Water Code. A regional water quality control board shall
incorporate the department's order into the cleanup and abatement
order issued pursuant to Section 13304 of the Water Code, unless the
department's order is inconsistent with any more stringent
requirement established in the cleanup and abatement order. Any
action taken in compliance with the department's order is not a
violation of any subsequent regional water quality control board
cleanup and abatement order issued pursuant to Section 13304 of the
Water Code.
(d) The Administrator of the Office of Spill Prevention and
Response has the primary authority to serve as a state incident
commander and direct removal, abatement, response, containment, and
cleanup efforts with regard to all aspects of any placement of
petroleum or a petroleum product in the waters of the state, except
as otherwise provided by law. This authority may be delegated.
(e) For purposes of this section, the following definitions apply:
(1) "Petroleum product" means oil of any kind or form, including,
but not limited to, fuel oil, sludge, oil refuse, and oil mixed with
waste other than dredged spoil. "Petroleum product" does not include
any pesticide that has been applied for agricultural, commercial, or
industrial purposes or that has been applied in accordance with a
cooperative agreement authorized by Section 116180 of the Health and
Safety Code, that has not been discharged accidentally or for
purposes of disposal, and the application of which was in compliance
with all applicable state and federal laws and regulations.
(2) "State incident commander" means a person with the overall
authority for managing and conducting incident operations during an
oil spill response, who shall manage an incident consistent with the
standardized emergency management system required by Section 8607 of
the Government Code. Incident management generally includes the
development of objectives, strategies, and tactics, ordering and
release of resources, and coordinating with other appropriate
response agencies to ensure that all appropriate resources are
properly utilized and that this coordinating function is performed in
a manner designed to minimize risk to other persons and to the
environment.