Indiana Code 8-1-26-16. Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties
(1) serve notice on the association of the person’s intent to excavate or demolish; and
Terms Used In Indiana Code 8-1-26-16
- advisory committee: refers to the underground plant protection advisory committee established by section 23 of this chapter. See Indiana Code 8-1-26-1.5
- association: means an organization that is:
Indiana Code 8-1-26-3
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- damage: means :
Indiana Code 8-1-26-4
- demolish: means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. See Indiana Code 8-1-26-5
- excavate: means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling. See Indiana Code 8-1-26-6
- facility: means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerage. See Indiana Code 8-1-26-7
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- operator: means a person who owns or operates an underground facility, other than an underground facility that:
Indiana Code 8-1-26-10
- person: means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. See Indiana Code 8-1-26-11
- pipeline facilities: has the meaning set forth in Indiana Code 8-1-26-11.2
- white lining: means the act of marking the route or boundary of a proposed excavation or demolition with white paint, flags, or stakes, or a combination of white paint, flags, and stakes. See Indiana Code 8-1-26-11.5
(A) A street address.
(B) A legal description of the location.
(C) A highway location using highway mile markers or cross streets.
The notice required under subdivision (1) must be received at least two (2) full working days but not more than twenty (20) calendar days before the commencement of the work. Upon receiving the notice, the association immediately shall notify each operator that has underground facilities located in the proposed area of excavation or demolition. A person responsible for excavation or demolition may commence work before the elapse of two (2) full working days if all affected operators have notified the person that the location of all the affected operators’ facilities have been marked or that the affected operators have no facilities in the location of the proposed excavation or demolition.
(b) After receiving a notice under this section, the association shall provide notice of the proposed excavation or demolition to each member operator that has underground facilities located in the proposed area of excavation or demolition.
(c) A person responsible for demolition must give an operator a reasonable amount of time, as mutually determined by the operator, the person responsible for demolition, and the project owner, to remove or protect the operator’s facilities before demolition of the structure is commenced.
(d) The notice required by subsection (a) must contain the following information:
(1) The name, address, and telephone number of the person serving the notice, and, if different, the person responsible for the excavation or demolition.
(2) The starting date, anticipated duration, and type of excavation or demolition operation to be conducted.
(3) The location of the proposed excavation or demolition.
(4) Whether or not explosives or blasting are to be used.
(5) The approximate depth of excavation.
(6) Whether the person responsible for the proposed excavation or demolition intends to perform white lining at the site of the proposed excavation or demolition.
(e) The person responsible for the excavation or demolition shall submit a separate locate request along with the notice provided under subsection (d)(3) to the association as follows:
(1) Within an incorporated area, for each one thousand five hundred (1,500) linear feet of proposed excavation or demolition.
(2) In an unincorporated area, for at least each two thousand six hundred forty (2,640) linear feet of proposed excavation or demolition.
(f) A notice provided under this section by a person responsible for an excavation or demolition expires twenty (20) days after the date the notice is submitted to the association under subsection (a), as determined in the manner specified in section 17(d) of this chapter. If, at the conclusion of the twenty (20) day period described in this subsection, any part of the excavation or demolition is not complete at any part of the site for which the original notice was submitted, the person responsible for the excavation or demolition may not continue or resume the excavation or demolition at any part of the site for which the original notice was submitted until:
(1) the person responsible for the excavation or demolition submits to the association a new locate request, along with a notice that complies with subsection (d), with respect to that part of the site for which the excavation or demolition is not complete; and
(2) each affected operator provides facility locate markings in compliance with section 18 of this chapter for that part of the site for which the new locate request and notice are submitted under subdivision (1).
(g) The association shall maintain an adequate record of the notice required by this section for seven (7) years to document compliance with this chapter. A copy of the record shall be furnished to the person giving notice to excavate or demolish upon written request.
(h) A person that:
(1) causes damage to a pipeline facility located in an area of excavation or demolition;
(2) is required to provide notice under this section for the excavation or demolition; and
(3) fails to provide the notice;
may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000).
(i) A person that:
(1) causes damage to a pipeline facility located in an area of excavation or demolition;
(2) is required to perform white lining under subsection (a)(2); and
(3) fails to perform white lining before an operator of a pipeline facility arrives at the site of the proposed excavation or demolition to mark the operator’s pipeline facilities;
may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000).
As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.2; P.L.114-2003, SEC.3; P.L.62-2009, SEC.13; P.L.200-2014, SEC.3; P.L.122-2017, SEC.3.