Cal. Code Regs. tit. 14 § 1092.14

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1092.14 - Licensed Timber Operator Responsibilities

Each affected LTO shall:

(a) Sign the Plan and major amendments to the Plan, or sign and file with the Director a facsimile of such Plan or amendments, agreeing to abide by the terms and specifications of the Plan. This shall be accomplished prior to implementation of the following; which the affected LTO has responsibility for implementing:

(1) those operations listed under the Plan and

(2) those operations listed under any amendments proposing Substantial Deviations from the Plan.

(b) Inform the responsible RPF and PTHP submitter, either in writing or orally, of any site conditions which in the LTO's opinion prevent implementation of the PTHP.

(c) Keep a copy of the applicable approved PTHP and amendments available for reference at the site of active Timber Operations. The LTO is not required to possess any confidential addenda to the Plan such as the CAA, nor is the LTO required to keep a copy of such confidential Plan addenda at the site of active Timber Operations.

(d) Comply with all provisions of the Act, Board Rules and regulations, the applicable PTHP and any approved amendments or Minor Deviations.

(e) In the event that the LTO executing the Plan was not available to attend the on-site meeting to discuss archaeological site protection with the RPF or Supervised Designee familiar with on-site conditions pursuant to 14 CCR § 929.2 [949.2, 969.2] (b), it shall be the responsibility of the LTO executing the Plan to inquire with the Plan submitter, Timberland owner, or their authorized agent, RPF who wrote the Plan, or the Supervised Designee familiar with on-site conditions, in order to determine if any mitigation measures or specific operating instructions are contained in the CAA or any other confidential addendum to the Plan.

(f) Provide the RPF responsible for professional advice throughout the Timber Operations an on-site contact employee authorized by the LTO to receive RPF advice.

(g) Keep the RPF responsible for professional advice throughout the Timber Operations advised of the status of Timber Operation activity.

(1) Within five days before, and not later than the day of the start-up of a Timber Operation, the LTO shall notify the RPF of the start of Timber Operations.

(2) Within five days before, and not later than the day of the shutdown of a Timber Operation, the LTO shall notify the RPF of the shutdown of Timber Operations.

(A) The notification of the shutdown of Timber Operations is not required if the period of the shutdown does not extend beyond a weekend, including a nationally designated legal holiday.

(h) Upon receipt of written notice of an RPF's decision to withdraw professional services from the Plan, the LTO or on-site contact employee shall cease Timber Operations, except for emergencies and operations needed to protect water quality, until the LTO has received written notice from the Plan submitter that another RPF has visited the Plan site and accepts responsibility for providing advice regarding the Plan as the RPF of record.

Cal. Code Regs. Tit. 14, § 1092.14

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Repealer of subsection (c) and subsection relettering filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).

Note: Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4551, 4551.5 and 4582, Public Resources Code.