§ 4602.5. — 4602.5. (Amended by Stats. 2021, Ch. 133, Sec. 86.)

California § 4602.5.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 4.: DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS
• Part 2.: PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS
• Ch. 8.: CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973
• Art. 8.: ARTICLE 8. Penalties and Enforcement

Text

(a)
This section provides an administrative procedure to suspend timber operations temporarily while judicial remedies are pursued pursuant to this article.
(b)
An inspecting forest officer may issue a written timber operations stop order if, upon reasonable cause, the officer determines that a timber operation is being conducted or is about to be conducted in violation of this chapter or of forest practice rules adopted by the board pursuant to this chapter and that the violation or threatened violation would result in imminent and substantial harm to soil, water, or timber resources, or to fish and wildlife habitat. A stop order shall apply only to those acts or omissions
that are the proximate cause of the violation or threatened violation. The stop order shall be effective immediately and throughout the next day.
(c)
A supervising forest officer may, after an onsite investigation, extend a stop order issued pursuant to subdivision (b) for up to five days, excluding Saturday and Sunday, provided that the supervising forest officer finds that the original stop order was issued upon reasonable cause. A stop order shall not be issued or extended for the same act or omission more than one time.
(d)
(1)
Each stop order shall identify the specific act or omission that constitutes the violation or threatened violation, any timber operation that is to be stopped, and any corrective or mitigative actions that may be required.
(2)
The department may terminate the stop order if the responsible parties enter into a written agreement with the department assuring that the parties will resume operations in compliance with this chapter and the rules adopted by the board and will correct the violations. The department may require a reasonable cash deposit or bond payable to the department as a condition of compliance with the agreement.
(e)
Notice of the issuance of a stop order or an extension of a stop order shall be deemed to have been made to all persons working on a timber operation when a copy of the written order is delivered to the person in charge of operations at the time the order is issued or, if no persons are present at that time, then by posting a copy of the order conspicuously on the yarder or
log loading equipment at a currently active landing on the timber operations. If no persons are present at the site of the timber operation when the order is issued, the issuing officer shall deliver a copy of the order to the timber operator either in person or to the operator’s address of record prior to the commencement of the next working day.
(f)
As used in this section, “forest officer” means a registered professional forester employed by the department in a civil service classification of forester I or higher grade.
(g)
(1)
Failure of the timber operator or an employee of the timber operator, after receiving notice, to comply with a stop order is a violation of this chapter and is punishable as provided in Section 4601; provided, however, that in
all cases the timber operator, and not another person or the employee, shall be charged with this violation.
(2)
In determining the penalty for any timber operator found guilty of violating a validly issued stop order, the court shall take into consideration all relevant circumstances, including, but not limited to, the following:
(A)
The extent of harm to soil, water, or timber resources or to fish and wildlife habitat.
(B)
Corrective action, if any, taken by the defendant.
(3)
Each day or portion of the day that the violation continues shall constitute a new and separate offense.
(h)
This section
does not prevent a timber operator from seeking an alternative writ as prescribed in Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, or as provided by any other law.

Legislative History

Amended by Stats. 2021, Ch. 133, Sec. 86. (SB 272) Effective July 23, 2021.