Louisiana Revised Statutes 40:1749.14 – A. Each operator of an underground utility or facility, including all state agencies and political subdivisions of the state, shall become a member of, participate in, and share the
Terms Used In Louisiana Revised Statutes 40:1749.14
- Agricultural excavator: means a person who owns or operates a farm and is directly involved in the cultivation of land or crops or who raises livestock. See Louisiana Revised Statutes 40:1749.12
- Commissioner: means the commissioner of conservation. See Louisiana Revised Statutes 40:1749.12
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Demolisher: means any person engaged in the act of demolishing as defined in Paragraph (2) of this Section. See Louisiana Revised Statutes 40:1749.12
- Demolition: means the total or partial wrecking, razing, rendering, moving, or removing of any building or structure, movable or immovable. See Louisiana Revised Statutes 40:1749.12
- Emergency: means any crisis situation which poses an imminent threat or danger to life, health, or property, which requires immediate action, if such action is taken. See Louisiana Revised Statutes 40:1749.12
- excavate: means any operation causing movement or removal of earth, rock, or other materials in or on the ground or submerged in a marine environment that could reasonably result in damage to underground or submerged utilities or facilities by the use of powered or mechanical or manual means, including but not limited to pile driving, digging, blasting, augering, boring, back filling, dredging, compaction, plowing-in, trenching, ditching, tunneling, land-leveling, grading, and mechanical probing. See Louisiana Revised Statutes 40:1749.12
- Excavator: means any person who engages in excavation operations. See Louisiana Revised Statutes 40:1749.12
- Forestry excavator: means an excavator who is a logger, prescribed burner, site preparation operator, or tree planter for commercial forestry operations. See Louisiana Revised Statutes 40:1749.12
- Inclement weather: means weather that prohibits or impedes a worker's use of his locating equipment or causes undue risk to himself or his equipment such as lightning, heavy rain, tornadoes, hurricanes, floods, sleet, snow, or flooding conditions. See Louisiana Revised Statutes 40:1749.12
- Normal commercial farming operations: means the following operations or activities for agriculture cultivation purposes:
(a) Operations or activities that do not encroach upon a private utility or pipeline servitude, public right-of-way, or a public franchise area. See Louisiana Revised Statutes 40:1749.12
- Operator: means any person who owns or operates a public or private underground facility or utility which furnishes a service or material or stores, transports, or transmits electric energy, steam, oil, gases, natural gas, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids, toxic or corrosive fluids/gases, including telephone or telegraph system, fiber optic electronic communication systems, or water or water systems, or drainage, sewer systems, or traffic control systems or other items of like nature. See Louisiana Revised Statutes 40:1749.12
- Person: means an individual, firm, partnership, association, limited liability company, corporation, joint venture, municipality, governmental agency, political subdivision, or agent of the state or any legal representative thereof. See Louisiana Revised Statutes 40:1749.12
- Pipeline: means all intrastate and interstate pipeline facilities defined by 49 C. See Louisiana Revised Statutes 40:1749.12
- Regional notification center: means any one of the following:
(a) An entity designated as nonprofit by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code and which is organized to protect its members from damage and is certified by the Department of Public Safety and Corrections in accordance with this Part. See Louisiana Revised Statutes 40:1749.12
- Underground facility or utility: means any pipe, conduit, duct, wire, cable, valve, line, fiber optic equipment, or other structure which is buried or placed below ground or submerged for use in connection with storage, conveyance, transmission, or protection of electronics communication system, telephone or telegraph system, or fiber optic, electric energy, oil, natural gas, gas, gases, steam, mixture of gases, petroleum, petroleum products, hazardous or flammable fluids/gases, toxic or corrosive fluids/gases, hazardous fluids/gases, or other substances of like nature or water or water systems, sewer systems or traffic, drainage control systems, or other items of like nature. See Louisiana Revised Statutes 40:1749.12
A. Each operator of an underground utility or facility, including all state agencies and political subdivisions of the state, shall become a member of, participate in, and share the cost of a regional notification center, except as provided for in La. Rev. Stat. 40:1749.19. Each regional notification center shall have the capability to receive emergency locate requests twenty-four hours a day and to disseminate the information as soon as it is received to the appropriate operators and all affected regional notification centers in this state.
B. A regional notification center receiving a notice of intent to excavate shall notify all member operators having underground utilities or facilities in or near the site of the proposed excavation, except for the operator who provided the notice of intent and requested not to receive such notification. All member operators shall furnish the regional notification center with current emergency contact or notification information, including twenty-four hour telephone numbers.
C.(1) Each operator of an underground facility or utility, after having received the notification request from the regional notification center of an intent to excavate or an intent to conduct normal commercial farming operations, shall supply, prior to the proposed excavation or normal commercial farming operation, the following information to the person responsible for the excavation or normal commercial farming operation:
(a) The specific location and type of all of its underground utilities or facilities which may be damaged as a result of the excavation or demolition. If the surface over the buried or submerged line is to be removed, supplemental offset markings may be used. Offset markings shall be on a uniform alignment and shall clearly indicate that the actual facility is a specific distance away.
(b)(i) Unless otherwise required by federal or state statutes, the specific location and type of underground utility or facility may, at the operator’s option, be marked to locate the utilities or facilities. If the utilities or facilities are visibly marked by the operator, they shall be marked by the operator by color coded paint, flags, or stakes or similar means using the American Public Works Association color code.
(ii) The location of underground fiber optic cables shall be identified in accordance with the provisions of this Subparagraph and such identification shall also include an added special marking that is uniquely associated with fiber optic cables.
(iii) When the utility or facility operator has marked the location of underground facilities or utilities, the marking shall be deemed good as long as visible but not longer than twenty calendar days, including weekends and holidays, from the mark-by time. However, if the proposed excavation or demolition activity could impact a pipeline located on or in water, the commissioner may extend the time period allowed for completion of the excavation or demolition. An additional notice to the regional notification center shall be given by the excavator or demolisher in accordance with the provisions of this Part when the marks are no longer visible or if the excavation or demolition cannot be completed within twenty calendar days from the mark-by time, whichever occurs first.
(iv) The excavator shall use all reasonable and prudent means, within common industry practice, to protect and preserve all marks of the underground utility or facility.
(v) In the case whereby a forestry excavator or agricultural excavator has requested that the utilities and facilities be marked for location, the operator of a utility or facility shall mark the area of their utilities or facilities. The markings provided by the operator shall be deemed good as long as the markings are visible or up to thirty calendar days from the time the markings were made, whichever is shorter.
(2) If the operator does not visibly mark the location of these utilities or facilities, the operator shall provide information to enable an excavator using reasonable and prudent means to determine the approximate location of the utility or facility. The information provided by the operator shall include a contact person and a specific telephone number for the excavators to call. After the operator has received the notification request, the information on location, size, and type of underground utility or facility must be provided by the operator to the excavator prior to excavation.
(3) In the event of inclement weather as defined in this Part, the mark-by time shall be extended by a duration equal to the duration of the inclement weather. The owner or operator shall notify the excavator or demolisher before the expiration of the mark-by time of the need for such extension.
(4) Should an underground utility or facility operator determine that its underground facilities are not in conflict with the location of the request or determine that its underground facilities are not fully marked for locating purposes, a notification shall be sent to the excavator prior to the mark-by time. A notification to the regional notification center that generated the location request shall suffice for compliance with this Section as it pertains to positive response.
D. For the purpose of this Section, the specific location of the underground facilities is defined as an area not wider than the width of the underground facility or utility as marked plus eighteen inches on either side.
E.(1) An excavator or demolisher who has given notice and otherwise complied with the provisions of this Part shall be immune from civil liability for damages in the area of the proposed excavation or demolition caused by such excavation or demolition to any owner or operator who:
(a) Was required by the provisions of this Part to become a member, participate in, or share the cost of a regional notification center, and failed to do so.
(b) Failed to mark or provide information as required by the provisions of this Part.
(2) The immunity provided by this Subsection shall not apply to civil liability for damages caused by the negligence of the excavator or demolisher.
F. Should an owner or operator file suit against an excavator or demolisher for damages to underground facilities or utilities and the court finds in favor of the owner or operator, in addition to damages provided for by this Part, the owner or operator shall be entitled to recover reasonable attorney fees and costs. If the court finds in favor of the excavator or demolisher, the excavator or demolisher shall be entitled to recover reasonable attorney fees and costs.
Acts 1988, No. 923, §1, eff. Sept. 9, 1989; Acts 1992, No. 883, §1; Acts 1995, No. 491, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2014, No. 203, §1; Acts 2019, No. 344, §1; Acts 2021, No. 9, §1, eff. Jan. 2, 2022; Acts 2021, No. 46, §1.