Terms Used In Louisiana Revised Statutes 40:1749.21

  • 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
  • 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
  • Pipeline: means all intrastate and interstate pipeline facilities defined by 49 C. See Louisiana Revised Statutes 40:1749.12

            A. Except as otherwise specifically provided herein, the provisions of this Part shall not affect any civil remedies for personal injury or property damage, including damage to underground facilities or utilities.

            B. Nothing in this Part shall affect any permitting process granted to a parish, municipal, local, or state governing authority. If a permit is issued in conjunction with excavation or demolition subject to the provisions of this Part, upon issuing the permit, the governing authority is encouraged to distribute to the permittee information regarding compliance with the provisions of this Part. The regional notification centers shall provide the information to the governing authority for distribution. The failure of the governing authority to distribute the information shall not for that reason alone create any liability on the part of the governing authority or permittee nor otherwise reduce or limit the duties and responsibilities of excavators or demolishers under this Part.

            C. Any owner or operator of a natural gas pipeline that is inactive, has a diameter of a minimum of fifteen inches and a maximum of seventeen inches, and is located in a parish with a population between forty-five thousand and seventy-five thousand shall maintain the minimum amount of ground cover as provided by 49 C.F.R. part 192. If the minimum amount of ground cover has not been maintained then the owner or operator of the natural gas pipeline shall, at his own expense, restore the minimum amount of cover over the pipeline prior to the pipeline being reactivated.

            D. The provisions of Subsection C of this Section shall become null and void on June 30, 2023.

            Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 2021, No. 46, §1.

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