(a)
Submission of Manual.
(1) The operations
manual for any existing facility shall be submitted to Staff for review and
approval within one year of the effective date of these regulations.
(2) For any facilities not presently is
existence, and operations manual shall be submitted to Staff for review and
approval as part of the application for approval of the facility.
(3) Staff shall review and respond to the
operator within 90 days after a complete application for review has been
submitted and acknowledged.
(b) Updates and Changes to Approved Manual
(1) The operations manual shall be kept
current at all times.
(2) Whenever
any routine changes (administrative or clerical) is made in the operation, an
update amendment reflecting that change shall be sent to Staff within 30
days.
(3) Any substantial changes
to the manual or its content shall require prior approval by Staff. A
substantial change is one which is non-routine, or which would increase or
decrease the ability of the operator to respond to a spill, to provide for
personnel safety, or to protect the environment.
(4) Subsequent reviews will be required as
necessary when facility operations or technology changes, or when the
Commission finds that the manual of any operator is no longer consistent with
the provisions of this article or other rules, regulations, or guidelines of
the Commission. Staff shall review and respond to the operator within 90 days
after a complete application for review has been submitted and
acknowledged.
(c) Denial
(1) Approval shall be denied if the
Operations Manual does not comply with the conditions set forth in this
article.
(2) If approval is denied,
Staff shall notify the operator of the reasons for denial and provide an
explanation of those actions necessary to secure approval.
(d) Appeal
(1) If Staff denies approval of the
Operations Manual, the operator may appeal this decision by submission of a
written appeal to the Commission. Any appeal must be submitted within 10
calendar days from the date the operator receives notice that approval of the
manual has been denied. The request must contain the basis for the appeal and
provide evidence which rebuts the basis for the Staff's denial of the
manual.
(2) Upon receipt of an
appeal, the Staff shall place the appeal on the calendar for the next
Commission meeting taking place at least thirty (30) days after the appeal is
received. The Commission may consider the appeal at that meeting or may delay
consideration until a later meeting. Within 15 days after the Commission makes
a decision on the appeal, the Staff shall send the operator written notice as
to the Commission's decision.
(e) Proof of Approval
The operator shall keep the Letter of Approval filed in the
front of the approved operations manual that is kept on the facility. The
approval letter shall be presented upon request to any official representing
the Commission or Administrator.
Notes
Cal. Code
Regs. Tit. 2, §
2174
1. New
section filed 9-8-93; operative 10-8-93 (Register 93, No.
37).
Note: Authority cited: Sections
6108,
6216,
8755,
8756,
and
8758,
Public Resources Code. Reference: Sections
6108,
6216,
6873(b),
8755
and
8758,
Public Resources Code.
1. New section filed
9-8-93; operative 10-8-93 (Register 93, No.
37).
