§ 8-1-26-16.5 — Design information notice; duty to perform white lining; timing; association's duties on receipt; commencement of work; design information notice contents; operator's duties on receipt; grounds for rejection; effect

Indiana § 8-1-26-16.5

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

Text

5. (a) A person responsible for:
(1) a construction project; or
(2) any other project or operation;
that will involve an excavation or demolition operation described in
section 14 of this chapter may voluntarily, before commencing
preliminary engineering studies or construction planning activities in
the project area that will be affected by the excavation or demolition,
serve a design information notice on the association of the person's
intent to conduct the preliminary engineering studies or construction
planning activities. However, not more than two (2) design information
notices for the same project and from the same person or source may
be submitted in any given one hundred eighty (180) day period.
(b) A person that serves a design information notice on the
association under this section shall ensure that white lining is
performed in the project area that will be affected by the proposed
excavation or demolition if the person is unable to provide to the
association the physical location of the proposed excavation or
demolition by one (1) of the following means:
(1) A street address.
(2) A legal description of the location.
(3) A highway location using highway mile markers or cross
streets.
(c) A design information notice under this section must be received
by the association at least ten (10) full working days but not more than
twenty (20) calendar days before the commencement of the preliminary
engineering studies or construction planning activities. A design
information notice is considered received for purposes of this section
at the prevailing time the association receives the design information
notice from the person that serves the design information notice under
subsection (a). Upon receiving the design information notice, the
association shall immediately:
(1) provide notice to each member operator that has underground
facilities located in the project area that will be affected by the
proposed excavation or demolition; and
(2) provide the person serving the design information notice a list
of the identified operators receiving the notice under subdivision
(1).
A person responsible for conducting the preliminary engineering
studies or construction planning activities may not commence work
before 7 a.m. prevailing time on the next working day that follows the
elapse of ten (10) full working days after the time of receipt of the
design information notice by the association under this subsection.
However, a person responsible for conducting the preliminary
engineering studies or construction planning activities may commence
work before 7 a.m. prevailing time on the next working day that follows
the elapse of ten (10) full working days after the time of receipt of the
design information notice by the association under this subsection 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 project area that will be affected by the
proposed excavation or demolition.
(d) A design information notice under this section must contain the
following information:
(1) The name, address, and telephone number of the person
serving the notice and, if different, contact information for the
person responsible for the preliminary engineering studies or
construction planning activities.
(2) The name of and contact information for the person that will
perform the proposed excavation or demolition in connection with
the project, if known.
(3) The starting date, anticipated duration, and type of
engineering studies or construction planning activities, if known.
(4) The location of the proposed excavation or demolition within
the project area.
(5) Whether white lining will be performed at the site of the
proposed excavation or demolition within the project area.
(e) Subject to subsection (f), upon receiving notice from the
association under subsection (c), an operator shall contact the person
serving the design information notice within the time specified in
section 18(d) of this chapter and shall do one (1) or more of the
following:
(1) Provide to the person serving the design information notice a
description of all of the operator's underground facilities in the
project area that will be affected by the proposed excavation or
demolition, along with information as to the location of the
facilities. The description and location information provided
under this subdivision may include:
(A) drawings marked with a scale;
(B) dimensions;
(C) reference points for underground facilities already existing
in the area; or
(D) other facility records that are maintained by the operator.
(2) Allow:
(A) the person serving the design information notice; or
(B) another authorized person;
to inspect, at a location that is acceptable to the operator,
drawings or other records for all of the operator's underground
facilities within the project area that will be affected by the
proposed excavation or demolition.
(3) Designate with temporary facility markers the location of all
of the operator's underground facilities within the project area that
will be affected by the proposed excavation or demolition, as
identified in the design information notice.
(f) An operator may reject a design information notice served under
this section:
(1) based upon security considerations; or
(2) if producing the information set forth in subsection (e) will
place the operator at a competitive disadvantage;
pending the operator obtaining additional information concerning the
legitimacy of the design information notice. If an operator rejects a
design information notice under this subsection, the operator shall
provide notice of the rejection to, and may request additional
information from, the person serving the design information notice.
(g) The submission of a design information notice under this section
does not relieve a person responsible for the excavation or demolition
operation involved in the project from providing the notice required
under section 16 of this chapter before commencing the excavation or
demolition operation.

Legislative History

As added by P.L.122-2017, SEC.4. Amended by P.L.53-2024, SEC.6.