Section 4361 - Onsite Meeting and Plan for Continual Excavation on Flood Control Facilities Near High Priority Subsurface Installations(a) An onsite meeting for continual excavation on flood control facilities near a high priority subsurface installation held pursuant to Government Code section 4216.10, subdivision (c)(1), must take place at the parcel of real property where the high priority subsurface installation is present. The onsite meeting must be held at a mutually agreed upon date and time that does not unreasonably disrupt the excavator's or operator's business operations.(b) The excavator or the excavator's authorized representative, which may be the real property owner or lessee, and the operator or the operator's representative must attend the onsite meeting. Both the excavator, which may be the real property owner or lessee, and the operator must attend, or send an authorized representative to attend, the onsite meeting. (1) The onsite meeting must include the excavator or the excavator's authorized representative with the following knowledge and authority:(A) Knowledge of continual excavation that will occur on the flood control facilities during the period of time the continual excavation ticket is valid under Government Code section 4216.10, subdivision (d). Excavator must be prepared at the onsite meeting with all relevant information concerning the continual excavation that will occur on the flood control facilities.(B) Authority to develop and agree to an area of continual excavation plan by completing the Area of Continual Excavation Agreement (Flood Control Facilities), form number ACE Agreement 02 (09-01-2023), which is hereby incorporated by reference.(2) The onsite meeting must include the operator or the operator's authorized representative with the following knowledge and authority:(A) Knowledge of the location of the high priority subsurface installation, such as a superintendent, supervisor, or engineer. Operator must be prepared at the onsite meeting with all relevant information concerning the location of the high priority subsurface installation in the area of continual excavation.(B) Authority to develop and agree to an area of continual excavation plan by completing the Area of Continual Excavation Agreement (Flood Control Facilities).(3) The excavator and operator must complete the Area of Continual Excavation Agreement (Flood Control Facilities).(c) Excavator must be aware of the exact location of the high priority subsurface installations in conflict with the excavation pursuant to Government Code section 4216.4. (1) If the operator's understanding of the exact location of the high priority subsurface installation is contrary to the excavator's understanding, the operator must demonstrate that the high priority subsurface installation is in conflict with the excavation, and excavation activities within a specified distance from each side of the high priority subsurface installation may cause damage to the high priority subsurface installation, by any of the following methods: (A) Provide documentation indicating the exact location of the high priority subsurface installations.(B) Expose the high priority subsurface installations within the tolerance zone at a date and time, in a manner, and with the hand tool or vacuum excavation device agreed upon by the excavator and operator.Cal. Code Regs. Tit. 19, § 4361
Note: Authority cited: Sections 4216.11 and 4216.22, Government Code. Reference: Sections 4216.10 and 4216.12, Government Code.
Note: Authority cited: Sections 4216.11 and 4216.22, Government Code. Reference: Sections 4216.10 and 4216.12, Government Code.
1. New section filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).
2. Change without regulatory effect amending subsection (b)(1)(B) filed 10-25-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 44).