Section 1035.3 - Licensed Timber Operator ResponsibilitiesEach 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 to the approved Plan.(b) Inform the responsible RPF or plan submitter, either in writing or orally, of any site conditions which, in the LTO's opinion, prevent implementation of the approved Plan including amendments.(c) Keep a copy of the applicable approved Plan 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 Confidential Archaeological Addendum, 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, the applicable approved Plan and any approved amendments to the Plan.(e) An LTO shall not be held responsible for Forest Practice Rule violations that result from work required of and/or performed by an RPF, under Board rules, that is determined by the Director to be inaccurate or inadequate.(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 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, § 1035.3
1. New section filed 9-26-89; operative 10-26-89 (Register 89, No. 40).
2. Amendment of subsection (c) and new subsection (e) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph, new subsections (a)-(a)(2) and (g)-(i) and subsection relettering filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Repealer of subsection (c), subsection relettering and amendment of newly designated subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
6. Amendment of section and NOTE filed 11-14-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5 (Register 2017, No. 46). Note: Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4524, 4526.5, 4527, 4528.5, 4570, 4571 and 4581, Public Resources Code.
1. New section filed 9-26-89; operative 10-26-89 (Register 89, No. 40).
2. Amendment of subsection (c) and new subsection (e) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment of first paragraph, new subsections (a)-(a)(2) and (g)-(i) and subsection relettering filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
5. Repealer of subsection (c), subsection relettering and amendment of newly designated subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
6. Amendment of section and Note filed 11-14-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5 (Register 2017, No. 46).