Terms Used In Louisiana Revised Statutes 40:1749.16

  • Damage: means any defacing, scraping, gouging, breaking, cutting, or displacement of, impact upon or removal of an underground facility or utility or its means of primary support. 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
  • Excavator: means any person who engages in excavation operations. 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

            In addition to the notification requirements in La. Rev. Stat. 40:1749.13 and 1749.14 and the emergency notification requirements in La. Rev. Stat. 40:1749.15, each person responsible for an excavation or demolition operation shall do the following:

            (1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area.

            (2) Maintain a safe clearance between the underground utilities or facilities and the cutting edge or point of any power or mechanized equipment, taking into account the known limit of control of the cutting edge or point to avoid damage to utilities or facilities.

            (3) Provide support for underground facilities or utilities in and near the construction area, during excavation and back filling operations, as may be reasonably necessary to protect the utility or facility.

            (4) Potholing to determine the actual location of such facilities or utilities if an excavation or demolition operation could result in damage to underground utilities or facilities handling electricity, gas, natural gas, oil, petroleum products, or other flammable, toxic, or corrosive fluids or gases. For forestry excavation operations that could result in damage to underground utilities or facilities handling electricity, gas, natural gas, oil, petroleum products, or other flammable, toxic, or corrosive fluids or gases, the forestry excavator and the utility or facility owner or operator shall cooperate to determine the actual location of such facilities or utilities.

            Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2023, No. 344, §1.