Louisiana Revised Statutes 40:1749.17 – A. Each person responsible for any excavation or demolition operations which result in any damage to an underground facility or utility shall, immediately upon discovery of that dama
Terms Used In Louisiana Revised Statutes 40:1749.17
- 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
- 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- 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 person responsible for any excavation or demolition operations which result in any damage to an underground facility or utility shall, immediately upon discovery of that damage, notify the owner or operator of the utility or facility of the location and nature of the damage and shall allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.
B. Each person responsible for an excavation or demolition operation or normal commercial farming operation which results in damage to an underground facility or utility permitting the escape of any flammable, toxic, or corrosive fluids/gases shall, immediately upon discovery of that damage:
(1) Notify the owner or operator of the utility or facility as provided in Subsection A, and all other appropriate emergency response personnel, including 911 and the local law enforcement and fire departments and allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.
(2) Take any other action as may be reasonably necessary to protect persons and property and to minimize hazards until arrival of the owner or operator’s personnel and police or fire department.
(3) Comply with any other notification process required by law or regulation.
C. For the purposes of this Part, failure to comply with the provisions of Subsection B shall constitute a single violation, except as provided below by Subsection D.
D. After discovery of the damage, each day that an excavator or demolisher fails to comply with the provisions of Subsection B shall be considered a separate violation.
Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2021, No. 46, §1.