California State Law Says, You Must Call Before You Dig!
If California State Law says to call...why take chances?
Failure to do so can result in fines up to fifty thousand dollars and you
could be charged with the repair costs of damaged underground facility. Why
risk it, Call Before You Dig. All you do is dial a toll-free number, give
your job site information to the Dig Alert representative, and they will
notify all of its members having underground facilities in the area.
Here are the important highlights of the law.
-
Delineation of the proposed excavation site is mandatory. Mark the area to
be excavated with water soluble or chalk based white paint on paved surfaces
or with other suitable markings such as flags or stakes on unpaved areas.
-
Call at least Two (2) full working days prior to digging.
-
Your permit for digging will not be valid without a Dig Alert ticket number.
-
If the members have facilities within the work area, they will mark them
prior to the start of your excavation and if not, they will let you know
there is no conflict.
-
The Law requires you to hand expose to the point of no conflict 24" on either
side of the underground facility, so you know its exact location before using
power equipment.
View
the Current California Law, Government Code
4216.
What if I don't call and I'm caught digging?
If you are caught digging without a Dig Alert ticket you can be fined as
much as $50,000. Also some of our members are pursuing the issue with the
Contractors State Licensing Board (CSLB). The CSLB reviews the complaint
and will fine accordingly for the offense, they can even pull your licence.
Why risk the possible financial impact?
Here's how California government code 4216 defines it...
4216.6. (a) (1) Any operator or excavator who negligently violates this article
is subject to a civil penalty in an amount not to exceed ten thousand dollars
($10,000).
(2) Any operator or excavator who knowingly and willfully violates any of
the provisions of this article is subject to a civil penalty in an amount
not to exceed fifty thousand dollars ($50,000).
(3) Except as otherwise specifically provided in this article, this section
is not intended to affect any civil remedies otherwise provided by law for
personal injury or for property damage, including any damage to subsurface
installations, nor is this section intended to create any new civil remedies
for those injuries or that damage.
(4) This article shall not be construed to limit any other provision of law
granting governmental immunity to state or local agencies or to impose any
liability or duty of care not otherwise imposed by law upon any state or
local agency.
But I've got an emergency, I need to dig now!
California law requires that you call two working days before your planned
excavation. However, if you are digging because of an EMERGENCY, you are
not required by law to call. You should still consider calling in order to
prevent damaging any other underground lines near your EMERGENCY dig site.
An EMERGENCY situation does not relieve you of financial responsibilities
for damaging underground facilities.
However keep in mind that under the law an emergency is defined as...
(d) "Emergency" means a sudden, unexpected occurrence, involving a clear
and imminent danger, demanding immediate action to prevent or mitigate loss
of, or damage to, life, health, property, or essential public services.
"Unexpected occurrence" includes, but is not limited to, fires, floods,
earthquakes or other soil or geologic movements, riots, accidents, damage
to a subsurface installation requiring immediate repair, or sabotage.
Digging without a Dig Alert is just simply dangerous, not to mention illegal!
You can damage a basic telephone cable and disrupt service to a home or you
may cut a fiber optic cable carrying millions of calls and expose your company
to costly repairs. Plus there is the real possibility of an explosion from
hitting a gas line or an electrocution from an electric line! Not only is
expensive equipment ruined, but lives are put at risk.
Here are the important highlights of the law.
- Delineation of the proposed excavation site is mandatory. Mark the area to be excavated with water soluble or chalk based white paint on paved surfaces or with other suitable markings such as flags or stakes on unpaved areas.
- Call at least Two (2) full working days prior to digging.
- Your permit for digging will not be valid without a Dig Alert ticket number.
- If the members have facilities within the work area, they will mark them prior to the start of your excavation and if not, they will let you know there is no conflict.
- The Law requires you to hand expose to the point of no conflict 24" on either side of the underground facility, so you know its exact location before using power equipment.
What if I don't call and I'm caught digging?
If you are caught digging without a Dig Alert ticket you can be fined as
much as $50,000. Also some of our members are pursuing the issue with the
Contractors State Licensing Board (CSLB). The CSLB reviews the complaint
and will fine accordingly for the offense, they can even pull your licence.
Why risk the possible financial impact?
Here's how California government code 4216 defines it...
4216.6. (a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).
(2) Any operator or excavator who knowingly and willfully violates any of the provisions of this article is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).
(3) Except as otherwise specifically provided in this article, this section is not intended to affect any civil remedies otherwise provided by law for personal injury or for property damage, including any damage to subsurface installations, nor is this section intended to create any new civil remedies for those injuries or that damage.
(4) This article shall not be construed to limit any other provision of law granting governmental immunity to state or local agencies or to impose any liability or duty of care not otherwise imposed by law upon any state or local agency.
California law requires that you call two working days before your planned
excavation. However, if you are digging because of an EMERGENCY, you are
not required by law to call. You should still consider calling in order to
prevent damaging any other underground lines near your EMERGENCY dig site.
An EMERGENCY situation does not relieve you of financial responsibilities
for damaging underground facilities.
However keep in mind that under the law an emergency is defined as...
(d) "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Unexpected occurrence" includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage.
Here's how California government code 4216 defines it...
4216.6. (a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).
(2) Any operator or excavator who knowingly and willfully violates any of the provisions of this article is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).
(3) Except as otherwise specifically provided in this article, this section is not intended to affect any civil remedies otherwise provided by law for personal injury or for property damage, including any damage to subsurface installations, nor is this section intended to create any new civil remedies for those injuries or that damage.
(4) This article shall not be construed to limit any other provision of law granting governmental immunity to state or local agencies or to impose any liability or duty of care not otherwise imposed by law upon any state or local agency.
But I've got an emergency, I need to dig now!
California law requires that you call two working days before your planned
excavation. However, if you are digging because of an EMERGENCY, you are
not required by law to call. You should still consider calling in order to
prevent damaging any other underground lines near your EMERGENCY dig site.
An EMERGENCY situation does not relieve you of financial responsibilities
for damaging underground facilities.However keep in mind that under the law an emergency is defined as...
(d) "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Unexpected occurrence" includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage.
Digging without a Dig Alert is just simply dangerous, not to mention illegal!
You can damage a basic telephone cable and disrupt service to a home or you
may cut a fiber optic cable carrying millions of calls and expose your company
to costly repairs. Plus there is the real possibility of an explosion from
hitting a gas line or an electrocution from an electric line! Not only is
expensive equipment ruined, but lives are put at risk.