Sec. 19. (a) A person responsible for emergency excavation or demolition to ameliorate an imminent danger to life, health, property, or loss of service is not required to comply with the notice requirements of section 16 of this chapter. However, that person shall:

(1) give, as soon as practicable, oral notice of the emergency excavation or demolition to the association; and

Terms Used In Indiana Code 8-1-26-19

  • 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
  • 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
  • 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
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) request emergency assistance from each operator identified by the association as having underground facilities located in the area of the emergency excavation or demolition in locating and providing immediate protection to the operator’s underground facilities.

     (b) This section applies to an operator making an emergency repair to its own underground facility.

     (c) A person that knowingly provides false notice of an emergency excavation or demolition to the association under subsection (a) may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed one thousand dollars ($1,000).

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.16.

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