CALIFORNIA State of California - A Natural Resources Agency Gavin Newsom, Governor
OFFICE OF ENERGY INFRASTRUCTURE SAFETY MEMBER
UNDERGROUND SAFETY BOARD mparo Munoz, Chai
15 P Street, 20th Floor | Sacramento, CA 9581
16.902.6000 | www.energysafety.ca.go
By U.S. mail to the addresses below and electronic mail XECUTIVE OFFICE! Tony Marin
May 17, 2024
NOTICE OF PROBABLE VIOLATION
City of Rialto Utilities Commission
City Council Chambers
150 South Palm Avenue
Rialto, California 92376
Case No.: 23NTS00002
Location of the Violation: 881 South Orange Avenue in Rialto, California 92376 Date of Violation: July 10, 2023
Dear City of Rialto Water Department:
You are receiving this Notice of Probable Violation (Notice) as a result of an investigation conducted pursuant to Government Code section 4216 et seq. The California Underground Safety Board (Board) investigator has concluded an investigation of an incident on July 10, 2023, at 881 South Orange Avenue in Rialto, California 92376, and found the following violation of Government Code section 4216.3(c)(1)(A):
Government Code section 4216.3(c)(1)(A): Failure to provide electronic positive response before the legal start date and time.
The City of Rialto Water Department (Member code RIA01SWR) did not provide an electronic positive response to ticket A231910488-00A. The evidence establishing these facts is attached to the enclosed Report of Investigations.
Hearing and Referral to Enforcement Agency
During the Board's public meeting on July 08, 2024, at 1:00 p.m., and the Board will determine whether the violation occurred and whether the penalty proposed in this Notice is appropriate.
You may contest the violation and proposed penalty noted in the below section at this meeting.
The location of the meeting will be in Sacramento, California.
Warren Alquist State Energy Building
Rosenfeld Hearing Room
1516 9th Street
Sacramento, CA 95814
Should the Board determine that a probable violation exists, the Board will refer your case with either the proposed penalty below or a new recommended penalty to the appropriate state or local agency for enforcement pursuant to Government Code section 4216.6(c) (Enforcement Agency). The Board's recommendation to the Enforcement Agency will include its finding of probable violation and a recommended penalty. The Board's recommendation does not constitute a final determination of your case. The Enforcement Agency has discretion to accept, amend, or reject the Board's recommendation, in whole or in part, through its own investigations pursuant to Government Code section 4216.6(c).
The Enforcement Agency for this case is:
City of Rialto City Council
.. City Council Chambers
150 South Palm Avenue
Rialto, California 92376
Proposed Penalty
Any penalties provided in this Notice, including corrective actions, are only proposals by Board investigator(s) and do not require any corrective action or payment at this time. Your Enforcement Agency will provide the final determination to and instructions for any penalty. .
Pursuant to Government Code section 4216.6, violation of Government Code section 4216 et seq. by an operator or excavator may be subject to a maximum penalty of $10,000 for negligent violation, or $50,000 for knowing and willful violation. Knowing and willful violation of Article 2 that results in damage to a gas or hazardous liquid pipeline subsurface installation and that results in the escape of any flammable, toxic, or corrosive gas or liquid may be subject to a maximum penalty of $100,000.
The Board staff is recommending the below corrective action and penalty:
Mandatory completion of the Underground Safety Board's education course. Please see https://energvsafety.ca.gov/what-we-do/underground-safety-board/education-course/ for more information.
The proposed penalty is merited. The City of Rialto Water (Member code RIA01SWR) did not provide an electronic positive response to ticket A231910488-00A.
Response to this Notice
Enclosed as part of this Notice is a document titled RESPONSE TO A NOTICE OF PROBABLE VIOLATION. Please carefully review this document and note the response options. All materials you submit in response to this enforcement action are subject to public disclosure.
You have 30 business days from the May 17, 2024, to submit your written response to the Board. Your response to this Notice must be received by the Board no later than June 28, 2024.
If you do not respond within 30 business days, this constitutes a waiver of your right to contest the Board's determination on whether there is probable violation in this case and to refer the case to the Enforcement Agency with the Board's recommendation.
Sincerely,
/s/ Brittny Branaman
Brittny Branaman
Assistant Executive Officer for Education & Enforcement | Underground Safety Board Proposed hearing date: July 08, 2024
EURORA
RESPONSE TO A NOTICE OF PROBABLE VIOLATION
Case Number: 23NTS00002
SALIFORNU Name: City of Rialto Water
The provisions of California Code of Regulations, Title 19, Division 4, Chapter 3, governs the Notice of Probable Violation (Notice) proceeding before the California Underground Safety Board (Board).
Specifically, 19 CCR section 4252 provides your response options upon the receipt of a Notice.
Be advised that all material submitted by you in response to a Notice are subject to public disclosure.
Please select from one of the response options listed below. You have 30 business days to submit your written response to the Underground Safety Board. Failure to submit a written response will be considered by the Board as a "No Contest" response. Please attach this form with your selection to your response. If you choose "Contest in Writing" or "Contest in Writing and Request Informal Hearing," please also include you written explanation and documents that may be referenced in your written explanation or informal hearing. For all options, Board investigators may present the basis for your probable violation on the date of the public meeting as provided in your Notice, and the Board will review your case and vote to determine whether a probable violation exist and whether the corrective action and/or penalty proposed by the Board staff is appropriate at the meeting.
Response Options
No Contest
You do not contest the violations or the penalty. If you choose to not contest the violations or the penalty, you will waive your right to request the Board to reconsider its decision or recommendation issued.
- Contest in Writing
You wish to contest either the violation, the penalty, or both by providing the Board with written explanations and other records supporting the explanation. Your will submit the written explanations and records, if any, with your written response within 30 business days of receiving this Notice. Your response must not exceed 10 pages (excluding exhibits) in length and must be on
8.5" × 11" white paper, double-spaced, and in a font size no smaller than 11-point. You must submit the original and 12 physical copies of the written explanation and records to the address below or submit one (1) copy electronically to [email protected]. You may request an extension to the page limit by submitting a request to the Board staff within 5 days of receiving this Notice. The Board staff will notify you of its determination with respect to the page limit extension request within 10 days of you submitting the request. The Board will review and vote on your case on the date of the public meeting provided in the Notice. _Contest in Writing and Request Informal Hearing
You wish to contest either the violation, the penalty, or both with oral argument at an informal hearing during a public Board meeting. You will submit with your written response, written explanations, information, or other materials you wish to reference in your oral hearing. Your response must not exceed 10 pages (excluding exhibits) in length and must be on 8.5" × 11" white paper, double-spaced, and in a font size no smaller than 11-point. You must submit the original and 12 physical copies of the written explanation and records to the address below or submit one (1) copy electronically to [email protected].
Your hearing would be during the public meeting noted in the Notice, on July 8, 2024, at 1:00 p.m., and the location of the meeting will be in Sacramento, California.
Warren Alquist State Energy Building
Rosenfeld Hearing Room
1516 gth Street
Sacramento, California 95814
You may participate in person or through a virtual meeting platform. You will have 15 minutes to present your reasons for contesting the allegation or reasons that may support a modification or elimination of the penalty or corrective action. During your hearing, conducted pursuant to Section 4253 of Title 19 of the California Code of Regulations, Board investigators may present the basis for your Notice of probable violation. You will be granted up to 15 minutes to respond to the Notice and up to 5 minutes to respond to any Board staff rebuttal. You may arrange, at your expense, for a stenographer or court reporter to transcribe the informal hearing. You must provide a copy of any transcription to the Board.
The Board will issue a decision at,
• The informal hearing;
• Thereafter within 45 business days of the informal hearing; or • At a subsequent Board public meeting where a quorum of the Board is present.
The Board will adopt the issued written decision at the hearing or a subsequent public meeting.
The Board's decision is effective upon the adoption of the written decision. - Reservation of Rights to Contest Violation with the Enforcement Agency You contest the violation, the penalty, or both, but do not wish to present your comments to the Board. You request that the Board refer the case to the appropriate state or local agency that would conduct the enforcement of the probable violation pursuant to Government Code section 4216.6(c) (Enforcement Agency), and you will reserve the right to contest the violation, the penalty, or both before the Enforcement Agency. The Board will review and vote on your case to determine whether a probable violation exist and whether the corrective action and/or penalty proposed by the Board staff is appropriate at the public meeting noted in your Notice. Should the Board determine a probable violation exist, the Board will refer your case to the Enforcement Agency.
Board Contact Information:
Please direct all formal correspondence, including your written response to the Notice, to the Board either via email at [email protected] or via mail to the following address:
Office of Energy Infrastructure Safety
Underground Safety Board
715 P St., 20th Floor
Sacramento, CA 95814
Please provide your written response within 30 business days of receiving this Notice. If a response is provided via mail, the mailed response must be received by the Board within 30 business day.
Penalties
Any penalties, including corrective actions, are only proposals by Board staff, and do not require any current corrective action or payment at this time. Your Enforcement Agency will provide the final determination to and instructions for any penalty. Please do not include any proof of compliance with proposed corrective actions or payment of a proposed penalty with your written response.
ADA Compliance
The California Underground Safety Board complies with the Americans with Disabilities Act ('ADA") by ensuring that the facilities are accessible to persons with disabilities, and providing this Notice and information given to the members of the California Underground Safety Board in appropriate alternate formats when requested. If you need further assistance, including disability-related modifications or accommodations, you may contact the Underground Safety Board no later than seven (7) calendar days before a scheduled hearing at (916) 902-6000. California Relay Service is available by dialing 711.
SAL OF
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INVESTIGATION REPORT
DATE: May 14, 2024
CASE No.: 23NTS00002
Violations:
ARM Construction
Government Code § 4216.2(b): Excavating without first notifying the regional notification center.
Government Code § 4216.4(c)(2): Failure to call 911 emergency services after causing damage.
Government Code § 4216.2(b): Failure to wait 48 hours before commencing excavation after obtaining a Regional Notification Center ticket.
City of Rialto Water (member code RIA01SWR)
Government Code § 4216.3(c)(1) (A): Failure to provide positive electronic response before the legal start date and time.
Executive Summary:
On July 10, 2023, ARM Construction excavated without first contacting the regional notification center and, with a shovel, damaged a half-inch natural gas plastic service line operated by the Southern California Gas Company. After damaging the line, ARM Construction contacted the regional notification center and the Southern California Gas Company but did not call 911.
After reporting the damage to the regional notification center, ARM Construction began excavating again before the legal excavation start date and time.
The City of Rialto Water (Member code RIA01SWR) did not provide an electronic positive response to ticket A231910488-00A which the call center created after the line was damaged.
Reporting Party Information:
Southern California Gas Company
555 West 5th Street, Suite 1700
Los Angeles, California 90013
Date of Incident:
July 10, 2023
Location of the Incident:
881 South Orange Avenue
Rialto, California 92376
1 Operator:
Southern California Gas Company
555 West 5th Street, Suite 1700
Los Angeles, California 90013
Excavator:
ARM Construction
5338 Rose Avenue
Riverside, California 92505
Facility Type Damaged:
Half-inch plastic natural gas service line
Notification of the Incident
On July 13, 2023, Southern California Gas Company submitted notification of an incident to the California Underground Safety Board. The notification stated, "Contractor hit 1/2 plastic service with a shovel. They did not have a valid USA ticket. They requested a USA ticket after the fact.
The damage occurred on the left side of the house. It was a branch service that was hit, going to the neighbors house." (Exh. 1.)
The case was assigned to Investigator Gabrielle Zeps (Investigator).
Identity of the Excavator
Government Code section 4216(h) defines an excavator to be "any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partnership, business trust, public agency, or other entity that, with their, or his or her, own employees or equipment performs any excavation."
ARM Construction was hired to connect the utilities from the house at 881 South Orange Avenue, Rialto, California, (jobsite) to the new accessory dwelling unit (ADU) in the backyard. The trench ARM Construction was digging for water, gas, electric and cable hook-ups. (Exh. 2.) ARM Construction holds a B-General Building license issued by the Contractors State Licensing Board, license number 667630. (Exh. 3.)
Two individuals, both named Arturo Medina, work at ARM Construction. One is the owner of the company and is the parent of the other Arturo Medina, a supervisor at ARM. Both individuals were interviewed during this investigation. To distinguish between them, this report refers to the owner of ARM as "Owner Medina" and the other as "Supervisor Medina".
ARM Construction Did Not Contact the Regional Notification Center Before Digging a Trench in the Backyard
Excavators are required to notify the appropriate Regional Notification Center at least two working days, and not more than 14 calendar days, before commencing excavation. (Government Code section 4216.2.)
During the telephone interview with the investigator, Supervisor Medina admitted to not having a ticket for the backyard excavation. He mentioned that obtaining tickets for backyard work was not a usual practice for him. After the damage, he contacted the Regional Notification Centerto 2 acquire a ticket for the forthcoming work in the front yard. (Exh. 2.) Regarding the excavation and damage to the natural gas line, Supervisor Medina explained in his interview that Robert Morfin, the sole excavator at the jobsite, was using a shovel to dig the backyard trench. Morfin, cutting through tree roots with a shovel, cut natural gas line approximately halfway through causing a leak. There were no explosions or injuries. (Exh. 2.) Photo 1 provided by Southern California Gas Company depicts the backyard jobsite. (Exh. 1.)
Photo 2 provided by Southern California Gas Company depicts the half-inch natural gas line. (Exh. 1.)
3 14
13 9 10 11
Photo 3 provided by ARM Construction depicts
the half-inch natural gas line. (Exh. 4.)
ARM Construction Immediately Notified Southern California Gas Company Supervisor Medina was not at the jobsite when the incident happened. Once Carlos Correa, who was at the jobsite, called him, he drove to the jobsite. While on his way, he saw a Southern California Gas Company truck, stopped the driver, and reported the damage. (Exh. 2.) Owner Medina took responsibility for the accident. He called Southern California Gas Company three times the morning of July 10, 2023, reporting the damage to the natural gas line. He called three times because the first two times, he spoke with same employee who was sending a technician to fix a leak, not repair the damaged line. Owner Medina knew a technician couldn't do this type of repair but the employee's assessment of the issue being a gas leak did not change. For that reason, he called a third time, spoke with a different employee, and explained that it was a cut line and not a gas leak. Owner Medina had, and still has, difficulty believing that the "gas company" couldn't understand the distinction between a cut line and a gas leak. (Exh.
5.)
ARM Construction Took Responsibility for the Incident
ARM Construction took responsibility for the accident during a telephone interview with the Investigator, as Owner Medina expressed a commitment to being accountable for both his actions and those of his employees. According to him, the damage occurred when his worker, Morfin, inadvertently struck a gas line with a shovel. However, despite accepting responsibility, Owner Medina contends that ARM Construction is not the sole party at fault (Exh. 5).
With 43 years of experience in the construction industry, Owner Medina stated that the gas 4 hook-up was improperly placed in the rear of the lot. The residence, an older independent house next to a cluster of new houses, had a gas line connected to the neighboring house rather than running directly from the meter. Owner Medina asserts that this installation deviated from the standard and should have been marked to indicate the unconventional arrangement. He recalls discussing these concerns with the damage prevention analyst from the Southern California Gas Company on July 10, 2023, who he states agreed that the installation was incorrect. (Exh. 5.) However, when questioned, the Damage Prevention Analyst, Luis Robles, did not recall having that discussion with Owner Medina. (Exh. 9).
ARM Construction Did Not Call 911
Government Code section 4216.4(c)(2) requires an excavator to call 911 emergency services upon discovering or causing damage to a gas or hazardous liquid pipeline subsurface installation in which the damage results in the escape of any flammable, toxic, or corrosive gas or liquid.
During his telephone interview with Investigator on October 11, 2023, Supervisor Medina stated ARM Construction did not call 911 after the half-inch natural gas line was cut. (Exh. 6.) Contact with the Call Center
On July 10, 2023, after damaging the gas line, ARM Construction contacted DigAlert regarding the remaining excavation work. DigAlert created ticket A231910488-00A at 10:49 a.m. that same day. (Exh. 2 & 7.) The ticket indicated that the legal start date and time was July 12, 2023, at 5:01 p.m. July 12 was a Wednesday. The ticket describes the work location as "From F-YARD TO REAR OF HOUSE," and describes the work type as "INSTALL ULTLS FOR AN ADU." (Exh. 7.) ARM Construction Did Not Adhere to the 48-Hours Waiting Period, Plus Notification Day, Before Commencing Excavation
Government Code section 4216.2(b) states: Except in an emergency, an excavator planning to conduct an excavation shall notify the appropriate regional notification center of the excavator's intent to excavate at least two working days before beginning that excavation. The date of the notification shall not count as part of the two-working-day notice.
In Supervisor Medina's telephone interview with the Investigator, he disclosed that on the morning of the accident, after the half-inch natural gas line was cut, he promptly called 811 to report the damage and requested a ticket for the remaining part of the job. (Exh. 2.) The ticket A231910488-00A was generated on July 10, 2023 (a Monday), at 10:49 a.m. (Exh. 7)and stated that the legal excavation start date and time was July 12 at 5:00 p.m.
In his telephone interview with Investigator on July 27, 2023, Supervisor Medina stated that some of the locators responded that same day the ticket was created (Monday) and the rest responded the following day (Tuesday.) (Exh. 2.) In his subsequent telephone interview with Investigator on October 4, 2023, he stated that ARM Construction began the work described in the ticket two days later on July 12, 2023, at 8:00 a.m. (Exh. 8), which was before the 5:00 p.m. (July 12) legal excavation start date and time. (Exh. 7.) The City of Rialto Did Not Provide an Electronic Positive Response Government Code Section 4216.3(c)(1) (A), provides in part, that "every operator shall supply an electronic positive response through the regional notification center before the legal excavation 5 start date and time."
Ticket A231910488-00A indicates that operator, City of Rialto Water (Member code RIAOISWR) did not provide an electronic positive response to the locate request. The ticket indicates "(999) Member did not respond by the required time." (Exh. 7.) Findings:
1. ARM Construction failed to contact the Regional Notification Center before performing excavation, by digging a trench in the backyard of the Rialto, California, jobsite.
2. ARM Construction failed to call 911 emergency services after damaging the half-inch natural gas line located at the Rialto, California, jobsite.
3. ARM Construction failed to wait 48 hours, plus the day of notification, after obtaining ticket A231910488-00A before re-commencing excavation at the Rialto, California, jobsite.
4. The City of Rialto Water (Member code RIA01SWR) did not provide an electronic positive response to ticket A231910488-00A before the legal start date and time.
Exhibit List:
Exhibit
No. Description Date Received From
Initial Report from Received on 7/13/2023 Southern California Gas Company Southern California Gas
Company
2 Summary of Telephone Telephone interview
Interview conducted by Gabrielle Zeps
of Supervisor Medina on 7/27/2023
prepared by Gabrielle
Zeps This was the first of four
interviews with Supervisor
Medina.
3 Contractor's License Downloaded on California Contractors State Detail for License No. 7/20/2023 Licensing Board website at 667630 obtained from the Check A License - CSLB
Contractors State License
Board website
4 Photo and Accompanying Received on 10/5/2023 Received from ARM Construction Email from ARM
Construction depicting
the damaged half-inch
natural gas line
5 Summary of Telephone Telephone interview
Interview conducted by Gabrielle Zeps
Of Owner Medina on 10/3/2023
prepared by Gabrielle
Zeps
6 Summary of Telephone Telephone interview
Interview conducted by Gabrielle Zeps
of Supervisor Medina on 10/11/2023
prepared by Gabrielle
This was the fourth of four
Zeps
interviews with Supervisor
Medina.
7 Letter from DigAlert Received 7/21/2023 Amber Dahl
Ticket A231910488-00A DigAlert's Safety Awareness
Director
7 Exhibit
No. Description Date Received From
8 Summary of Telephone Telephone interview
Interview conducted by Gabrielle Zeps
of Supervisor Medina on 10/4/2023
prepared by Gabrielle
Zeps This was the third of four
interviews with Supervisor
Medina.
9 Summary of Telephone Telephone interview
Interview of the Southern conducted by Gabrielle Zeps
California Gas Company on 11/21/2023
Reporter prepared by
Gabrielle Zeps This was the second of two
interviews with the Southern
California Gas Company
Reporter.
8 Exhibit 1
7/18/23, 11:09 AM Underground Safety No-Ticket
Underground Safety No-Ticket
Submitted by: Anonymous user
Submitted time: Jul 13, 2023, 2:48:58 PM
Your Information
Your First Name
Luis
Your Last Name
Robles
Your Phone Number
Your E-mail
Reviewer Information
Has the information you are submitting today been reviewed or changed by anyone besides yourself? No
Excavator Information
Company Name
Arm Construction
First Name
Arturo
Last Name
Medina
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?extent=-118.2064,33.8669,-116.5365,34.3037&objectlds=6 1/9 7/18/23, 11:09 AM Underground Safety No-Ticket
Phone Number
E-mail
Upload a photo of the company truck, uniform, or business card.
E CONTRAR ANS
Cole tevens Duct no
•Contracior's License Detail for License • Chach o second solugitoste #667630
• Pen, And quer.
• Meus and Poper
pra opons
Be, sir a
do, bule 4331301
Same for all?
Yes
First Name
Luis
Last Name
Robles
Phone Number
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?extent=-118.2064,33.8669,-116.5365, 34.3037&objectlds=6 2/9 7/18/23,11:09 AM Underground Safety No-Ticket
E-mail
Upload other documentation substantiating the identity of the excavator.
MEN. DE A231910488G100
dos aire s
1R0n 2- MAS I0 REA De MADE
• в смало
tel: 340-1 3 ser —
Na men
checkfields_excavator
IMG_9206.PNG
Damage
Does this no-ticket complaint involve a damage?
Yes, damage occurred.
Location
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?extent=-118.2064,33.8669,-116.5365,34.3037&objectlds=6 3/9 7/18/23, 11:09 AM Underground Safety No-Ticket
Indicate location of excavation activity.
Lat: 34.08526 Lon: -117.371243
Esri Community Map...
Describe the observed excavation activity.
Contractor hit 1/2" plastic service with a shovel. They did not have a valid USA ticket. They requested a USA ticket after the fact. The damage occured on the left side of the house. It was a branch service that was hit, going to the neighbors house.
Upload photo of excavation location. The photo should be taken at a wide angle and include location identifiers such as buildings in the background, street signs, bridges, freeways, etc.:
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?exlent=-118.2064.33.8669,-116.5365,34.3037&objecllds=6 4/9 7/18/23, 11:09 AM Underground Safety No-Ticket
Additional Photo
Same for all?
Yes
First Name
Luis
Last Name
Robles
Phone Number
E-mail
First Name
Luis
https://survey123.arcgis.com/surveys/22e752cd12124c05a1d3a8ccf3fc565e/data?exlent=-118.2064,33.8669,-116.5365,34.3037&objectlds=6 5/9 7/18/23, 11:09 AM Underground Safety No-Ticket
Last Name
Robles
Phone Number
E-mail
checkfields_location
IMG_9205.jpg
Injury?
No
Death?
No
Fire or evacuation?
No
Date you leamed of the damage:
Jul 10, 2023
Time you learned of the damage:
08:30
How did you learn of the damage?
Internal Email Notification
Supporting Documentation
Same for all?
Yes
https://survey123.arcgis.com/surveys/22e752cd12124c05a1d3a8ccf3fc565e/data?extent=-118.2064,33.8669,-116.5365,34.3037&objectIds=6 6/9 7/18/23, 11:09 AM Underground Safety No-Ticket
First Name
luis
Last Name
Robles
Phone Number
E-mail
Photo 2: First Name
luis
Photo 2: Last Name
Robles
Photo 2: Phone Number
Photo 2: E-mail
Photo 3: First Name
luis
Photo 3: Last Name
Robles
Photo 3: Phone Number
https://survey123.arcgis.com/surveys/22e752cd12/24c05a1d3a8ccf3fc565e/data?extent=118.2064,33.8669,-116.5365,34.3037&objecllds=6 7/9 7/18/23,11:09 AM Underground Safety No-Ticket
Photo 3: E-mail
Damage Detalls
Type of Facility damaged?
Natural Gas
Tool that caused the damage:
Shovel
Upload photo depicting the damaged facility
First Name
Luis
Last Name
Robles
Phone
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?extent=118.2064,33.8669,-116.5365,34.3037&objectlds=6 8/9 7/18/23, 11:09 AM Underground Safety No-Ticket
E-mail
https://survey123.arcgis.com/surveys/22e752cd12f24c05a1d3a8ccf3fc565e/data?extent=-118.2064,33.8669,-116.5365,34.3037&objectlds=6 9/9 Exhibit 2
SURERA
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INTERVIEW REPORT
REPORT DATE: August 15, 2023*
CASE NO: 23NTS00002
DATE/TIME OF INTERVIEW: July 27, 2023, 2:13 PM
LOCATION OF INTERVIEW: Telephone
NAME/ADDRESS OF INTERVIEWEE:
Arturo Medina
ARM Construction
5338 Rose Avenue
Riverside, California 92505
NARRATIVE:
• Arturo Medina has no firsthand knowledge of the incident. • Arturo Medina is the Supervisor of ARM Construction.
• Incident occurred on Monday, July 10, 2023, before 8:00 AM. • ARM Construction had been hired to attach the utilities from the home at 881 South Orange Avenue, Rialto, CA to a new ADU (accessory dwelling unit) in the backyard. • This included a trench in the backyard for the new/extended water, gas, electric and cable hook-ups.
• Arturo Medina was not onsite when the damage was done. • Arturo Medina had two workers on site: Carlos Correa and Robert Morfin. • Robert Morfin was a sub-contractor. Arturo couldn't recall the contractor's name. • The job was to start at 7:00 AM.
• Robert Morfin was digging the backyard trench with a shovel; he was the only one excavating.
• Robert Morfin had been digging near a tree.
• Robert Morfin cut through some tree roots with a shovel. • The gas line was brown, just like the tree roots.
• Robert Morfin cut the gas line about ½ way through.
• There was a natural gas release.
• No explosion - no one hurt.
• Arturo Medina was driving to the jobsite when Carlos Correa called and told him what had happened.
• While driving to the jobsite, Arturo Medina saw a SoCalGas truck and stopped it. • Arturo Medina explained the damage.
• The unnamed SoCalGas driver said he would call his supervisor. • The unnamed SoCalGas driver said he would ask for an emergency crew. • Arturo Medina also Googled SoCalGas and called to report the damage. • Approximately 20 minutes later, a new unnamed SoCalGas employee arrived at 881 South Orange Avenue, Rialto.
• The unnamed SoCalGas employee verified there was a leak and called SoCalGas to get a crew out to fix it.
• The SoCalGas repair crew arrived about 30 minutes later. • This SoCalGas crew repaired the leak.
• Arturo Medina said, "and that was it."
• The first unnamed SoCalGas employee at 881 South Orange Avenue, Rialto, evacuated those in the front house after verifying there was a leak. • Once the leak was fixed, the people from the front house were able to go back into the • Arturo Medina's crew continued with the trenching and attached the utilities. • No one else was onsite.
• All work up to this point had been done in the backyard. • Arturo Medina did not have a ticket for the work in the backyard. • Arturo Medina usually didn't get a ticket for work in the backyards. • After the damage, Arturo Medina called DigAlert for a ticket for the work to be done in the front yard.
• The trench in the backyard was going to join another trench in the front yard, near the front fence line, allowing the electric, gas, and water hook ups to be connected. No cable was going to be installed in the front.
• Arturo Medina called and requested a street to gate line ticket from Dig Alert. (A231910488 CREATED 7/10/23 10:49)
• Some of the locators responded that same Monday, the rest on Tuesday. • An unnamed man from the water district, responding to the DigAlert notification, who located the approximately 3-foot line from the meter to the curb, said that they never marked backyards, as everything in the backyard was the owner's responsibility. • Arturo Medina's crew resumed work on Wednesday, at 7:00 AM, after all the responses had been marked.
• Arturo questioned how he can be in violation of getting a ticket if the locators don't mark backyards.
Investigator Name Supervisor Name
GABRIELLE ZEPS Brttry Branaman
Exhibit 3
CONTRACTORS STATE LICENSE BOAR
•Contractor's License Detail for License #
667630
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
• CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity Is subjeet to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. • Only construction related civil judgments reported to CSIB are disclosed (B&P 7071.17). * Arbitrations are not listed unless the contractor fails to comply with the terms. • Due to workload, there may be relevant information that has not yet been entered into the board's license datebase.
Data current as of 11/20/2023 2:29:40 PM
Business Information
ARM CONSTRUCTION
5338 ROSE AVENUE
RIVERSIDE, CA 92505
Business Phone Number: (951) 354 2351
Entity Sole Ownership
Issue Date 03/22/1993
Expire Date 03/31/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
B GENERAL BUILDING
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with HUDSON INSURANCE COMPANY.
Bond Number: 30125196
Bond Amount: $25,000
Effective Date: 09/13/2023
Contractor's Bond History
Workers' Compensation
This license has workers compensation insurance with the CLEAR SPRING PROPERTY AND
CASUALTY COMPANY
Policy Number:CWC00336201
Effective Date: 12/03/2022
Expire Date: 12/03/2023
Workers' Compensation History
Back to Top Conditions of Use
Privacy Policy Accessibility
Accessibility Certification
Copyright © 2023 State of California
Exhibit 4
From: art. armconstruction
To: Zeps, Gabrielle@EnergySafety
Subject: RE: Information Request
Date: Thursday, October 5, 2023 3:41:56 PM
As I noted in the conversation. This is the only photo the I have.
Sent from my T-Mobile 5G Device
- Original message-----
From: "Zeps, Gabrielle@EnergySafety" < [email protected]> Date: 10/5/23 2:04 PM (GMT-08:00)
To: "art.armconstruction" <[email protected]> Subject: RE: Information Request
Good afternoon, Mr. Medina. Pursuant to your request yesterday afternoon, during our telephone call, I am sending you this email.
On July 7, 2023, I sent you an Information Request with a due date of July 31, 2023.
On July 27, 2023, you sent me a brief email that said, "I only have the repair' with an attachment of a picture of a trench, 2 lines and a measuring stick.
As your email of July 27, 2023, did not specify that it was your official response to the Information Request, I sent you a 2nd Information Request on August 24, 2023. In my accompanying email on August 27, 2023, I also asked you:
1. Contant information for Carles Correa and Robert Morfin.
2. What date and time you commenced working on the job again after the natural gas line was cut?
On August 28, 2023, you sent me telephone numbers for both men.
During our telephone conversation on October 4, 2023, you told me that you thought you re-commenced work on the job on
July 12, 2023, at 8:00 A.M.
As we have discussed before, I do not want to "put words in your mouth" but I need to know if you have officially responded to the Board's Information Requests. Please send me an email letting me know if this has occurred or if you have additional information to send.
Thank you for your assistance.
Gabrielle Zeps, Investigator
Underground Investigations Division
[email protected]
715 P Street, 20th Floor
Sacramento, CA 95814
From: art.armconstruction <[email protected]> Sent: Thursday, July 27, 2023 2:44 PM
To: Zeps, Gabrielle@EnergySafety <[email protected]> Subject: RE: Information Request
I only have the repair
Sent from my T-Mobile 5G Device
Original message ------
From: "Zeps, Gabrielle@EnergySafety" < [email protected]> Date: 7/20/23 3:24 PM (GMT-08:00)
To: [email protected]
Subject: Information Request
Thanking you in anticipation of your assistance.
Gabrielle Zeps
Investigator
Underground Investigations Division
[email protected]
715 P Street, 20th Floor
Sacramento, CA 95814
185
10 POT TOIN
1, 2 13 14 15
1 2 13 14 15
Exhibit 5
OSAL OF
SURIKA
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INTERVIEW REPORT
SALIPORNIR
REPORT DATE: October 3, 2023
CASE NO: 23NTS00002
DATE/TIME OF INTERVIEW: October 3, 2023, 12:03 P.M.
LOCATION OF INTERVIEW: Telephone
NAME/ADDRESS OF INTERVIEWEE:
Arturo Medina, Owner
ARM Construction
5338 Rose Avenue
Riverside, California 92505
NARRATIVE:
• Arturo Medina has no firsthand knowledge of the incident. • Arturo Medina is the owner of ARM Construction.
• His son is also Arturo Medina.
• Neither Carlos Correa nor Robert Morfin is currently working for ARM Construction. • Only Robert Morfin will know about the cutting of the natural gas line as Carlos Correa was solely working inside the ADU (accessory dwelling unit). • "They" have tried to get ahold of Robert Morfin so he can speak to me but have been unable to reach him.
• Robert Morfin had been told not to use the jackhammer with the saw to cut through the tree roots in the backyard.
• The tree roots were very thick, and the ground was soft. • The natural gas line was right beneath the tree roots. • Arturo Medina drove from Riverside to 881 S. Orange Avenue (jobsite), Rialto, California, after he learned of the incident.
• Since the "gas company" sent a technician out, they had to wait for a repair crew to come.
• Arturo Medina could have crimped the line to stop the leak. • As the residents of the house were outside, the rest of them sat in their trucks waiting for the repair crew to arrive.
• Arturo Medina did ask the repair crew to mark the gas line as a favor. • Arturo Medina says that the repair crew said they could not mark the line for him. • Arturo Medina will forward my information to his son Arturo Medina as I need him to call me.
• Arturo Medina called Southern California Gas Company three times about the cut natural gas line.
• The first time he called, a female receptionist took his call and he reported that they had cut a natural gas line resulting in a natural gas leak. • Arturo Medina admitted right then that they had cut the line. • He believes in being cautious and responsible for their actions. He doesn't believe in "dodging a bullet."
• The receptionist said she would send out a technician for the gas leak. • He corrected her as it was a cut line, not a gas leak. • Her assessment of the issue being a gas leak did not change. • Arturo Medina called a second time but got the same receptionist. She reiterated that it was a gas leak and that a technician had been sent.
• He again tried to get her to see the difference between a cut line and a gas leak and that a technician was inadequate.
• Arturo Medina called a third time and got a different receptionist. He explained that it was a cut line and not a gas leak.
• Arturo had, and still has, difficulty believing that the "gas company" couldn't understand the distinction between a cut line and a gas leak.
• Arturo Medina is baffled by SoCalGas' response.
• Arturo Medina has been working for 43 years.
• Arturo Medina says the gas hook up at the residence where they were constructing the ADU was all wrong and abnormally placed in the rear of the lot. • The residence at jobsite, Rialto, California, was an independent, older house right next door to a track of new houses.
• Instead of the natural gas line running straight out of the residence's meter, this line was connected to the neighbor's house next door.
• Arturo Medina says this is not the way it should have been installed - it is wrong. • Arturo Medina also said that since it didn't go straight out of the meter, there should have been markings so people could realize that the line wasn't straight. • Arturo Medina discussed this with "Luis" of Southern California Gas Company who "agreed" that it was done wrong way back when.
• Arturo Medina believes in being cautious and accepting blame when appropriate. • Arturo Medina immediately acknowledged that they had cut the line. He is not denying this.
• But he also believes that he isn't the only one to blame as someone has improperly installed and marked the natural gas line.
• Both Arturo Medina and his son are cautious and stive to do things correctly. • Arturo Medina goes to seminars and reads brochures and such to stay up to date with business practices.
• Arturo Medina does not understand why only sidewalks are marked after he calls 811 when there is underground intrastructure in the backyard Jobs. • Arturo Medina believes that not marking the existence of backyard underground infrastructure can cause serious damage to people and property. • Arturo Medina admits his team, and therefore him, were at fault in cutting the natural gas line but they weren't the only ones at fault.
Investigator Name Supervisor Name
GABRIELLE ZEPS Brittry Branaman
Exhibit 6
SUREKA
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INTERVIEW REPORT
REPORT DATE: October 11, 2023
CASE NO: 23NTS00002
DATE/TIME OF INTERVIEW: October 11, 2023, 11:24 A.M.
LOCATION OF INTERVIEW: Telephone
NAME/ADDRESS OF INTERVIEWEE:
Arturo Medina
Superintendent
ARM Construction
5338 Rose Avenue
Riverside, California 92505
NARRATIVE:
• Arturo Medina stated that no one from ARM Construction called 911 after the ½ natural gas line was cut on July 10, 2023.
Investigator Name Supervisor Name
GABRIELLE ZEPS Brittry Branaman
Exhibit 7
Underground Service Alert
DIGALERT
of Southern California ™
July 21, 2023
Gabrielle Zeps
Underground Safety Board
715 P St, 20th Floor
Sacramento, CA 95814
File Number: Unknown
Dear Gabrielle,
After searching our records from 6/10/23 through 7/10/23, we found the following DigAlert ticket(s) A231910488 by ARM Construction for the location at 881 S Orange Ave in Rialto. I hope this information will be helpful.
If we can be of further assistance, please call us at 951-808-8100.
Sincerely,
Anter Darl
Amber Dahl
Safety Awareness Director
PO Box 77070 • Corona • CA • 92877-0102 • (P) 951-808-8100 • (F) 951-808-8101 • www.digalert.org 7/21/23, 1:47 PM Ticket Search A231910488-00A
Ticket: A231910488-00A
MBRCOD 00001B USAS 07/21/23 13:46:43 A231910488-00A NEW NORM POLY LREQ Ticket: A231910488 Rev: 00A Created: 07/10/23 10:49 User: NAN Chan: 100 Nork Start: 07/12/23 17:01 Legal Start: 07/12/23 17:01 Expires: 08/07/23 23:59 Response required: Y Priority: 2
Excavator Information
Company: ARM CONSTRUCTION Type: CONT
Co Addr: 5338 ROSE AVE
: RIVERSIDE State: CA Zip: 92505
Created By: ARTURO MEDINA Language: ENGLISH
Office Phone: 951-830-8967 SMS/Cell: 951-830-8967
Office Email: ART. [email protected]
Site Contact: ARTURO MEDINA
Site Email: [email protected]
Excavation Area
State: CA County: SAN BERNARDINO Place: RIALTO
Zip: 92376
881 Street: S ORANGE AVE
Cross 1 : W RANDALL AVE
Location: FROM F-YARD TO REAR OF HOUSE
Searchable Tags:
Job size: sa-feet: 56675 sq-miles: 0.002033
Delineated Method: WHITEPAINT
Work Type: INSTALL UITLS FOR AN ADU
Work For : H/O GALDINO
Permit: BLB23-0540 Job/Work order:
Project ID:
Project Name:
1 Year: N Boring: N Street/Sidewalk: N Vacuum: N Explosives: N Pavement Only: N Lat/Long
Center Generated (NAD83): 34.085571/-117.371662 34.085565/-117.370776
34.084926/-117.371667 34.084920/-117.370780
Excavator Provided:
https://newtin.digalert.org/newtinweb/map_tkt.nap?TRG=CBDr7g8jEiH16iF-Y about:blank
7/21/23, 1:47 PM Ticket Search A231910488-00A
Members:
about blank 2/2
7121/23, 1:47 PM Ticket Search A231910488-00A
ATTDSOUTH RIA01 RIAO1SWR SCG10X UCHIRN SI USCEDE
USCETT84SE
(c) Copyright 2022 Underground Service Alert of Southern California.
All rights reserved.
Ticket Responses for: A231910488-00A
Member Name Responded By Response Comment
ATTDSOUTH AT&T - DISTRIBUTION 00A 07/11/23 UQ Responder (040) EXCAVATOR COMPLETED 05:47:31 PM WORK PRIOR TO DUE DATE
ATTDSOUTH AT&T - DISTRIBUTION 00A 07/11/23 UQ Responder (001) CLEAR- NO CONFLICT 09:51:50AM
CITY OF RIALTO WATER 00A 07/10/23 ART (010) LOCATE AREA MARKED Mark 1 inch copper RIAOL
DEPT 11:29:09 AM water service
RIAOISWR CITY OF RIALTO WATER 0OA 07:01:23PM Late Notice o aber did nor respond by he DEPT
SCGIOX SOCALGAS DISTRIBUTION 00A 07/12/23 PRSDGO1 (010) LOCATE AREA MARKED FONTANA 09:16:51 AM AFAJARDO
UCHTRW S1 SPECTRUM - RIVERSIDE 00A 07/11/23 UQ Responder (040) EXCAVATOR COMPLETED 05:47:31 PM WORK PRIOR TO DUE DATE
UCHTRW SI SPECTRUM - RIVERSIDE 00A 07/11/23 UQ Responder (001) CLEAR - NO CONFLICT 09:51:49 AM
USCEDE UTILIQUEST FOR SCE DIST 00A 07/11/23 UQ Responder (040) EXCAVATOR COMPLETED -DESERT REG 05:47:31 PM WORK PRIOR TO DUE DATE
USCEDE UTILIQUEST FOR SCE DIST 00A 07/11/23
- DESERT REG 09:51:50 AM UQ Responder (001) CLEAR- NO CONFLICT USCETT84SE SCE TRANS TELECOM 0OA 07/11/23 UQ Responder (040) EXCAVATOR COMPLETED 05:47:31 PM WORK PRIOR TO DUE DATE
USCETT84SE SCE TRANS TELECOM 00A 07/11/23 UQ Responder (001) CLEAR- NO CONFLICT 09:51:50AM
about.blank 3/2
Exhibit 8
KURERA
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INTERVIEW REPORT
CALIFOR
REPORT DATE: October 4, 2023
CASE NO: 23NTS00002
DATE/TIME OF INTERVIEW: October 4, 2023, 2:48 P.M.
LOCATION OF INTERVIEW: Telephone
NAME/ADDRESS OF INTERVIEWEE:
Arturo Medina
ARM Construction
5338 Rose Avenue
Riverside, California 92505
NARRATIVE:
• Arturo Medina confirmed his father's statement that Robert Morfin isn't working for them now.
• Arturo Medina believes that they re-commenced working on the jobsite, Rialto, California, two days later at 8:00 A.M.
• Arturo Medina said they hadn't originally gotten a ticket for the ADU job because it was in the backyard.
• Arturo says that after the line was damaged, the regional call center was called, told of the damage, and asked for a "new" ticket.
• requested an email statement from him on the Information Request where he had previously sent a photo; the need for a declaration of it being a response and everything.
He asked for an email to that effect.
Investigator Name Supervisor Name
GABRIELLE ZEPS Brittry Branaman
Exhibit 9
SUREKA
CALIFORNIA UNDERGROUND FACILITIES SAFE EXCAVATION BOARD
INVESTIGATION DIVISION
INTERVIEW REPORT
REPORT DATE: November 22, 2023
CASE NO: 23NTS00002
DATE/TIME OF INTERVIEW: November 21, 2023, 3:25 p.m.
LOCATION OF INTERVIEW: Telephone
NAME/ADDRESS OF INTERVIEWEE:
Luis Robles
Damage Prevention Analyst
Southern California Gas Company
555 West 5*h Street, Suite 1700
Los Angeles, California 90113
NARRATIVE:
• He remembers talking with an older gentleman who was named Medina at the Rialto, California, jobsite on July 10, 2023.
• This older gentleman was already at the Rialto, California, jobsite when he arrived. • He remembers that the gas pipeline branches to the house next door. • He remembers there were no USA markings, probably as there was no ticket. • He told the older gentleman that there were probably two outages, one for the house at the Rialto, California, jobsite and one for the house next door that was attached to the branched line.
• He told the older gentleman that he needed to get a ticket as soon as possible. • He gave the older gentleman his business card. He does not remember whether he also gave him a booklet.
• The older gentleman was very understanding.
• He does not remember discussing whether the current setup was "wrong." Investigator Name Supervisor Name
GABRIELLE ZEPS
Brittry Branaman