Washington Utilities and Transportation Commission - Penalty for Landscaping Violations

Service Dat e: February 2 7, 2026 WASHINGT ON UTILITIE S AND TRANSPORTAT ION COMMISSI ON NOTICE OF PENALT IES INCURRED AND DUE FOR VIOLAT IONS OF LAWS AND RULE S PENALTY ASS ESSMENT: DG -260103 PENALTY AMOUNT: $ 1,000 Investigation # 9281 EMAIL SERVICE UB I: 604-344 -758 Pedro Ad rian T ellez Green Town Landscaping, LLC Phone: (425) 429-5779 23603 Southeast 186 th Street Maple Valley, Washington 98038 greentownlandscaping@gmail.com YOU MUST RES POND WITHIN 15 DAYS OF TH IS NOTICE The Washington Utilities and Transportation Commission (Commission) believes that Green Town Landscaping, LLC (Green Town or Company) violated Revised Code of Washington (RCW) 19.122.030(2) by failing to provide notice to a one-number locator service not less than two full business days and not more than 10 full business days before the scheduled work- to -begin date. On February 6, 2026, Puget Sound Energy (PSE) submitted to the Commission a 30-day report of an incident involving Green Town damaging a natural gas facility that occurred on January 14, 2026. Commission sta ff (Staff) conducted an investi gation that included reviewing the incident and damage reports, photographs, the One Call Center database, and email communications with the Complainant and Company. The investigation identified a natural gas damage event that involved Green To wn. RCW 19.122.055(1)(a) states, in part, that any excavators who violate any provision of this chapter and causes damage to an underground gas facility are subject to a civil penalty of not more than $25,000 for each violation. The documents reviewed identified a natural gas event that involved Green Town damaging a natura l gas facility while excavating with out a valid loca te ticket. The Commission reviewed findings and recommendations made by Staff and hereby notifies you that it is asse ssing a $ 1,000 penalty (Penalty Assessment) a gainst you on the following grounds: 1. Alleged Vio lation: On January 14, 2026, Green Town was excavating at 1518 4th Avenue North, Seattle, Washington. While excavating, Green Town struck and damaged a 5/8” polyethylene (PE) gas servi ce line. The 30 -day report submitted by PSE on January 14, 2026, indicated that Green To wn was excavat ing witho ut a vali d locate.

PENALTY A SSESSMEN T DG- 260103 PAGE 2 2. Analysis: The alleged violation concerns RCW 19.122.030(2), which states, in part, that an excavator must provide notice to a one-number locator service not less than two full business days and not more than 10 full business days before the scheduled work- to -begin date, unless otherwise agreed by the excavator and facility operators in writing. PSE provided a response to Staff’s request for information which included the Gas First Responder (GFR) report and ELM report. The GFR report documented that Green Town was installing a tree when it hit and damaged a 5/8” PE gas line with a shovel. The Company did not have valid locates at the time of the damage. The ELM report documented that the homeowner was digging without locates and damaged a the 5/8” PE gas li ne. However, the investigation determined that Green Town was the excavator who damaged t he gas line. On February 13, 2026, Green Town responded to Staff’s request for information. The Company admitted it was planting a small tree at the property and noted that the gas line was only 6” deep. Staff requested additional information; however, the Company did not respond. Staff s earched Washin gton On e Call C enter datab ase and did no t find a v alid locate fo r Green Town for January 14, 2026, at 1518 4 th Avenue North, Seattle, Washington The Commission considered the following factors in determining the appropriate penalty amount for the violation: 1. How serious or harmful the violation is to the public. This incident could have been harmful to Company workers, utility technicians, nearby homeowners, and the public, and could have resulted in serious injury and loss of property. 2. Whether the violation is intentional. This violation appears to be due to negligence by Green Town regarding Washington State’s dig law. Since February 20, 2025, Green Town has not submitted any requests to locate underground facilities in Washington. This demonstrates the Company’s lack of knowledge of the requirements and its responsibility to comply with the Dig Law. 3. Wheth er the com pany self - rep orted th e viola tion. Green Town did not self-report the violation. The Commission received a 30- day Inc ident Report as required by WAC 480-93-200(4) from PSE on February 6, 2026, concerning an incident that occurred on January 14, 2026. 4. The l ikelih ood of recu rrence. The likelihood of recurrence depends on the Company’s actions going forward and its willingness to notify the one-number locat e service every time before beginning excavat ion. The Commission has considered these factors and determi ned that it should penalize Green Town Landscaping, LLC as follows:

PENALTY A SSESSMEN T D G- 260103 PAGE 3 • $1,000 penalty for one violation of RCW 19.122.030(2) with an offer to suspend an $800 portion of the penalty for 90 days, and then waive it, subject to the conditions that: 1) Company managemen t and field crew responsible for excavation complete Dig Safe Training provided through the National Utility Contractors Association (NUCA) within 90 days of this Penalty Assessment; and 2) The Company must submit documentation of training c ompletion to the C ommission. Further violation of RCW 19.122 will result in progressive penalty assessment up to maximum allowab le by law. Th ese fact s, if proven at a hearing and not rebutted or explained, are suffic ient to support the Penalt y Asses sment. Your penalty is due and payable now. If you believe the violation did not occur, you may deny committing the violation and contest the penalty through evidence presented at a hearing or in writing. Or, if there is a reason for the violation that you believe should excuse you from the penalty, you may ask for mitigation (reduction) of the penalty through evidence pre sented at a hearing or in writing. The Commission will grant a request for a hearin g only if material issu es of law or fa ct requi re cons iderat io n of evidence and resolution i n a hearing. Any request to contest the violation or for mitigatio n of the pena lty must include a written state ment of the re asons supporting that request. Failure to provide such a statement will result in denial of the request. See RCW 81.04.405. If you properly present your request for a hearing and the Commission grants that request, the Commission will review the evidence supporting your dispute of the violation or applica tion for mitigation in a Brief Adjudicative Proceeding before an administrative law judge. The administrative law judge will consider the evidence and will notify you of their dec ision. You must act within 15 days after receiving this Penalty Assessment to do one of the following: • Pay th e $1,000 penalty amount due; or • Pay $200 and notify the Commission that you accept the offer to suspend an $800 portion of the penalty amount for 90 days, and then waive it, subject to the following conditions: o Company managem ent an d field cre w responsible for excavation must complete NUCA Dig Safe Tr aining (https://utc -9183.quickbase.c om/db/bpkt6vndh) within 90 days of service of this Penalty Assessment; and o The Company must submit documentation of training completion (Certi ficate) to the Commission. (See attached NUCA Di g Safe T raini ng Verif ication Record); or • Contest the occurrence of the violation; or • Admit the violation but request mitigation of the penalty amount. Please indicate your selection on the enclosed form and submit it electronically through the Commission’s web portal at https://efiling.utc.wa.gov/Form within FIFTEEN (15) days after you receive this Penalty Assessment. If you are unable to use the web portal, you may submit it via email to records@utc.wa.gov. If you are unable to submit the form electronically, you may send a

PENALTY A SSESSMEN T D G- 260103 PAGE 4 paper copy to the Washington Utilities and Transportation Commission, PO Box 47250, Olympia, Washington 98504-7250. If you wish to make your payment online, please use this link: Make a Payment Now (wa.gov). 1 If you do not act within 15 days, the Commissio n may re fer this matter to the Office of the Attorn ey General for co llect ion. DATED at Lacey, Washington, and effective February 27, 2026. /s/ Connor Thompson CONNOR THOMPS ON Direc tor, Administrativ e Law Division 1 https://www.utc.wa.g ov/documents- and -proceedings/online- payments/make-pay ment-now.

PENALTY A SSESSMEN T D G- 260103 PAGE 5 WASHINGT ON UTILITIE S AND TRANSPORTAT ION COMMISSI ON PENALTY ASS ESSMENT DG -260103 Investigation # 9281 PLEASE NOT E: You must complete and sign this document and send it to the Commission within 15 days after you receive the P enalty Asses sment. Use additional paper if needed. I have read and understand RCW 9A.72.020 (printed below), whic h states that making false statements under oath is a class B felony. I am over the age of 18, competent to testify to the matters se t forth below, a nd I have personal knowledge of those matters. I hereby make, under oath, the following statements: [ ] 1. Payment of penalty. I admit that the violation oc curre d: [] Enclos e $ 1,000 in payment of the penalty. OR [] Attest that I ha ve paid t he penalty through the Commission’s payment portal. [ ] 2. Accept con ditio ns. I admit that the violation occ urred and enclose $ 200 t oward the payment of the penalty. I also accept the Commissi on’s offer to suspend for 90 days, and ultimate ly waive, the remaining $800 pena lty amount subject to the following conditions: o Company managem ent and field crew responsible for excavation at the time of the incident, must comple te NUCA Dig Safe training (https://utc - 9183.quickbase.com/db/bpkt6vndh) within 90 days of service of this P enalty Assessment; and o The Company must submit documentation of training completion (Certificate) to the Co mmiss ion. (S ee attached NUCA Dig S afe Training Verific ation Record). [ ] 3. Contest the violation. I believe that the alleged violation did not occur for the reasons I describ e belo w (if you do not include reasons supp orting your contest here, your reques t will b e deni ed): [ ] a) I ask for a hearing to present evidence on the information I provide above to an administr ative law ju dge for a decision. OR [ ] b) I ask for a Commission decision base d solely on t he information I provide above. [ ] 4. Request mitigation. I admit the violation, but I believe that the penalty should be reduced for the reasons set out below (if y ou do not inc lude rea sons suppor ting your appl icatio n here, y our requ est wil l be d enied): [ ] a) I ask for a hearing to present evidence on the information I provide above to an administr ative law ju dge for a decision. OR [ ] b) I ask for a C ommission decision based solely on the information I provide above.

PENALTY A SSESSMEN T D G- 260103 PAGE 6 I declare under penalty of perjury under the laws of the state of Washington that the foregoing, including information I have presented on any attachments, is true and correct. Dated: __________________ [Month/Day/Year], at ______________________ [City, State] _____________________________________ ___________________________ Name of Respondent (Company) – please p rint Signature of Applicant RCW 9A.72.020 “Perjury in the first degree.” (1) A person is guilty of perjury in the first degree if in any official proceeding he or she makes a materially false statement which he or she knows to be false under an oath required or authorized by law. (2) Knowledg e of the mater iality of the stateme nt is not an ele ment of this cr ime, and the actor' s mistaken belief th at his or her statement was not ma terial is not a defense to a prosecution under this section. (3) Perjury in the first degree is a class B felony.