26 CA ADC § 13-1165


      26 CCR s 13-1165

      Cal. Admin. Code tit. 26, s 13-1165


      CALIFORNIA CODE OF REGULATIONS
      TITLE 26. TOXICS
      DIVISION 6. CALIFORNIA HIGHWAY PATROL (TITLE 13)
      This database is current through 05/05/06, Register 2006, No. 18.

      s 13-1165. [Reserved].

      (a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR, 
      Part 171 (e.g., all interstate carriers, and intrastate carriers 
      transporting hazardous wastes, hazardous substances, flammable cryogenics 
      or marine pollutants) shall comply with the detailed written incident 
      reporting requirements contained in 49 CFR 171.16.

      (b) Carriers not directly subject to federal jurisdiction shall report 
      incidents involving hazardous materials or hazardous wastes during 
      transportation,loading or unloading, or temporary storage on carrier 
      premises as follows:

      (1) Reports Required. A written report is required of incidents that 
      result in:

      (A) Any spill or discharge of hazardous materials or hazardous wastes from 
      any package container, or tanker

      (B) Fatality, injury, or hospitalization of any person due to fire, 
      explosion of, or exposure to any hazardous material or hazardous wasters

      (C) Continuing danger to life, health or natural resources at the scene of 
      the incident

      (D) Estimated property damage exceeding $50,000

      (2) Report Content and Routing. The written report shall, within 30 days 
      of the date of incident discovery, be submitted to the Department of the 
      California Highway Patrol, Hazardous Materials Section, Post Office Box 
      942898, Sacramento, CA 94298-0001. The report shall include time and date 
      of occurrence, injuries, property damage, continuing danger to life at the 
      scene of the incident, identification of the commodity and its 
      classification, and other pertinent details. The report may be prepared 
      utilizing DOT Form F5800.1, Hazardous Materials Incident Report. A guide 
      document for assisting in the completion of DOT Form F5800.1 may be 
      obtained from the Office of Hazardous Materials Transportation, DHM-51, 
      U.S. Department of Transportation, Washington DC 20590-0001.

      (3) Report Retention. A copy of each hazardous materials or hazardous 
      waste spill report shall be retained by the carrier for at least six 
      months, and shall be subject to inspection by duly authorized employees of 
      the department.

      (4) Exceptions. Except for incidents required to be reported under 49 CFR 
      171.15(a), and incidents involving the transportation of hazardous wastes, 
      the requirements of subsection (b) do not apply to incidents involving the 
      spill or discharge of materials being transported under the following 
      proper shipping names:

      (A) Consumer commodity

      (B) Battery, electric storage, wet, filled with acid or alkali

      (C) Paint and paint related material when shipped in packagings of five 
      gallons or less.


      Note: Authority cited: Section 32102, Vehicle Code. Reference: Section 
      32107, Vehicle Code. 


       HISTORY 
         
      1. New subsection (e) filed 5-12-77 as an emergency; effective upon filing 

      (Register 77, No. 20).

      2. Certificate of Compliance filed 7-15-77 (Register 77, No. 29).

      3. Amendment of subsection (b) filed 7-8-81; effective thirtieth day
      thereafter (Register 81, No. 28).

      4. New subsection (e) and relettering and amendment of former subsection 
      (e) to
      subsection (f) filed 2-22-82; effective thirtieth day thereafter (Register 
      82, 
      No. 9).

      5. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 
      83, 
      No. 26).

      6. Repealer of subsection (e) filed 9-7-84; effective thirtieth day 
      thereafter 
      (Register 84, No. 36).

      7. Repealer filed 11-30-88; operative 12-30-88 (Register 88, No. 51).

      8. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).

      9. Change without regulatory effect repealing section filed 11-16-94 
      pursuant
      to section 100, title 1, California Code of Regulations (Register 94, No.
      46).

      10. Repealer of section heading filed 8-20-97; operative 9-19-97 (Register 
      97, 
      No. 34).
      26 CA ADC s 13-1165

      END OF DOCUMENT

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