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Underground Safety Board finds violations in two no‑811 cases, orders education and fines
Summary
The board found San Diego County and a Southern California plumbing contractor violated California’s excavation notification laws after failing to provide electronic positive responses or notify 911. The board ordered education for both respondents and assessed a $1,500 fine for the contractor’s three violations.
The California Underground Safety Board on Feb. 29, 2026, found multiple violations of state excavation law in two enforcement cases and ordered remedial training and penalties.
In a case involving the San Diego County Department of Public Works Special Districts, staff reported that ticket B22 3320148-00B showed a legal excavation start time on Nov. 30, 2022, but the county did not provide the required electronic positive response (EPR) before that time. Mike Henny, county traffic engineer, told the board the failure resulted from an internal, email‑based practice during a personnel transition and that the county has since provided staff training to correct the process. The board found the county violated Gov. Code §4216.3(C)(1) and, emphasizing administrative failure and the value of education, ordered completion of the board’s mandatory education course in lieu of a monetary fine. The motion was adopted by roll‑call vote of members present.
Separately, the board heard an investigation into Victor’s Rooter & Plumbing (investigation 2426177) involving an August 21, 2024 incident in Sherman Oaks in which company personnel dug without submitting an 811 ticket, damaged a half‑inch plastic gas service line, did not call 911 at the time of the escape of gas, and failed to report the damage to the regional notification center within 48 hours. Staff told the board Dig Alert returned no record for the date and location provided. The board found violations of Gov. Code §§4216.2 (excavation without notification), 4216.4(C)(1) (failure to call 911 after causing an escape of gas), and 4216.4(C)(3) (failure to report damage within 48 hours). Board members noted the respondent’s cooperation and prompt signup for remedial training but also stressed the high hazard associated with escaped gas. The board adopted a sanction ordering the contractor to complete the board’s education course and to pay a $1,500 financial penalty (described during deliberations as $500 per violation). The motion carried on a roll‑call vote.
Board members framed both actions as corrective and educational rather than punitive: members repeatedly cited the public‑safety risk posed by failing to notify 811 or 911 and emphasized training and corrective action as the primary goals. Both matters were handled in public deliberations with roll‑call votes recorded on the transcript.
What happens next: the board’s orders will be incorporated into administrative enforcement processes handled by appropriate licensing or enforcement units; the education requirements will be tracked by board staff. The board also signaled continued emphasis on closing reporting gaps and improving EPR processes statewide.
Authorities cited: Gov. Code §§4216.2, 4216.3, 4216.4(C)(1), 4216.4(C)(3).
