Sec. 21. (a) Except as provided in subsection (b), a person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facility shall:

(1) immediately upon discovery of the damage, notify the operator of the facility and the association of the location and nature of the damage; and

Terms Used In Indiana Code 8-1-26-21

  • association: means an organization that is:

    Indiana Code 8-1-26-3

  • damage: means :

    Indiana Code 8-1-26-4

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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) allow the operator of the facility reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the facility.

     (b) A person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facility permitting the escape of flammable, toxic, or corrosive gas or liquid shall:

(1) immediately upon discovery of the damage, notify the operator and the association and local police and fire departments having jurisdiction; and

(2) take other action necessary to protect persons and property and to minimize the hazards until arrival of the operator’s personnel or police and fire personnel.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.18.

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