§ 8-1-26-16 — Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties

Indiana § 8-1-26-16

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 26: Damage to Underground Facilities

Text

(a) Except as provided in section 19 of this
chapter, before commencing an excavation or demolition operation
described in section 14 of this chapter, each person responsible for the
excavation or demolition shall:
(1) serve notice on the association of the person's intent to
excavate or demolish; and
(2) perform white lining at the site of the excavation or demolition
if the person responsible for the excavation or demolition is
unable to provide to the association the physical location of the
proposed excavation or demolition by one (1) of the following
means:
(A) A street address.
(B) A legal description of the location.
(C) A highway location using highway mile markers or cross
streets.
The notice required under subdivision (1) must be received at least two
(2) full working days but not more than ten (10) calendar days before
the commencement of the work. Notice is considered received for
purposes of this section at the prevailing time the association receives
the notice from the person responsible for the excavation or demolition.
(b) Upon receiving a notice under subsection (a), the association
immediately shall provide notice of the proposed excavation or
demolition to each member operator that has underground facilities
located in the proposed area of excavation or demolition.
(c) A person responsible for excavation or demolition may not
commence work before 7 a.m. prevailing time on the next working day
that follows the elapse of two (2) full working days after the time of
receipt of the person's notice under subsection (a). However, a person
responsible for excavation or demolition may commence work before
7 a.m. prevailing time on the next working day that follows the elapse
of two (2) full working days after the time of receipt of the person's
notice under subsection (a) if all affected operators have provided to
the association an electronic positive response indicating that the
location of all the affected operators' facilities have been marked or that
the affected operators have no facilities in the location of the proposed
excavation or demolition.
(d) A person responsible for demolition must give an operator a
reasonable amount of time, as mutually determined by the operator, the
person responsible for demolition, and the project owner, to remove or
protect the operator's facilities before demolition of the structure is
commenced.
(e) The notice required by subsection (a) must contain the following
information:
(1) The name, address, and telephone number of the person
serving the notice, and, if different, the person responsible for the
excavation or demolition.
(2) The:
(A) starting date and time, if known;
(B) anticipated duration; and
(C) type;
of the excavation or demolition operation to be conducted. The
starting date and time of the excavation or demolition may not be
later than ten (10) days after the time of receipt of the notice.
(3) The location of the proposed excavation or demolition.
(4) Whether or not explosives or blasting are to be used.
(5) The approximate depth of excavation.
(6) Whether the person responsible for the proposed excavation
or demolition intends to perform white lining at the site of the
proposed excavation or demolition.
(f) The person responsible for the excavation or demolition shall
submit a separate locate request along with the notice provided under
subsection (e)(3) to the association as follows:
(1) Within an incorporated area, for each one thousand five
hundred (1,500) linear feet of proposed excavation or demolition.
(2) In an unincorporated area, for at least each two thousand six
hundred forty (2,640) linear feet of proposed excavation or
demolition.
(g) A notice provided under this section by a person responsible for
an excavation or demolition expires at 11:59 p.m. prevailing time
twenty (20) days after the date the notice is received by the association
under subsection (a). If, at the conclusion of the twenty (20) day period
described in this subsection, any part of the excavation or demolition
is not complete at any part of the site for which the original notice was
submitted, the person responsible for the excavation or demolition may
not continue or resume the excavation or demolition at any part of the
site for which the original notice was submitted until:
(1) the person responsible for the excavation or demolition
submits to the association a new locate request, along with a
notice that complies with subsection (e), with respect to that part
of the site for which the excavation or demolition is not complete;
and
(2) each affected operator provides facility locate markings in
compliance with section 18 of this chapter for that part of the site
for which the new locate request and notice are submitted under
subdivision (1).
(h) The association shall maintain an adequate record of each notice
required by this section for seven (7) years to document compliance
with this chapter. A copy of the record shall be furnished to the person
giving notice to excavate or demolish upon written request.
(i) A person that:
(1) causes damage to a pipeline facility located in an area of
excavation or demolition;
(2) is required to provide notice under this section for the
excavation or demolition; and
(3) fails to provide the notice;
may be subject to a civil penalty in an amount recommended by the
advisory committee and approved by the commission, not to exceed ten
thousand dollars ($10,000).
(j) A person that:
(1) causes damage to a pipeline facility located in an area of
excavation or demolition;
(2) is required to perform white lining under subsection (a)(2);
and
(3) fails to perform white lining before an operator of a pipeline
facility arrives at the site of the proposed excavation or demolition
to mark the operator's pipeline facilities;
may be subject to a civil penalty in an amount recommended by the
advisory committee and approved by the commission, not to exceed ten
thousand dollars ($10,000).

Legislative History

As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.2; P.L.114-2003, SEC.3; P.L.62-2009, SEC.13; P.L.200-2014, SEC.3; P.L.122-2017, SEC.3; P.L.53-2024, SEC.5.