§ 8-1-26-18 — Operator's duties; notice of intent; design information notice; electronic positive response and acknowledging receipt; color coding of markings; pipeline facilities; alteration of markings; notice of operator's inability to locate and mark facilities

(a) Subject to subsection (m), an operator to
which the association provides a notice of intent under section 16 of
this chapter shall comply with subsection (b) not later than:
(1) 7 a.m. prevailing time on the next working day that follows the
elapse of two (2) full working days after the operator receives the
notice of intent; or
(2) the starting date and time of the excavation or demolition
stated in the notice of intent;
whichever is later.
(b) Subject to subsection (m), an operator to which the association
provides a notice of intent under section 16 of this chapter shall do the
following:
(1) Supply to the person responsible for the excavation or
demolition the following information:
(A) The approximate location and a description of all the
operator's underground facilities that may be damaged as a
result of the excavation or demolition.
(B) The location and description of all facility markers
indicating the approximate location of the underground
facilities.
(C) Any other information that would assist that person in
locating and avoiding damage to the underground facilities,
including providing adequate temporary markings indicating
the approximate location of the underground facility and
locations where permanent facility markers do not exist.
(2) Provide to the association an electronic positive response.
(c) An operator that receives a notice of intent under section 16 of
this chapter and that has underground facilities in the location of the
proposed excavation or demolition shall provide an electronic positive
response to the association, in the manner prescribed by the
association, when the operator has provided the marking information
required by this chapter. The association shall provide an operator's
electronic positive response under this subsection to the person
responsible for the excavation or demolition.
(d) An operator to which the association provides notice under
section 16.5 of this chapter of preliminary engineering studies or
construction planning activities shall, not later than 7 a.m. prevailing
time on the next working day that follows the elapse of ten (10) full
working days after the operator receives the notice, do the following:
(1) Do one (1) or more of the following, in accordance with
section 16.5(e) of this chapter:
(A) Provide to the person serving the design information notice
the approximate location and a description of all the operator's
underground facilities that are located in the project area that
will be affected by the proposed excavation or demolition.
(B) Allow:
(i) the person serving the design information notice; or
(ii) 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.
(C) 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.
(2) Using maps when appropriate, provide to the person serving
the design information notice the location and a description of all
facility markers indicating the approximate location of the
underground facilities, if applicable.
(3) Using maps when appropriate, provide to the person serving
the design information notice any other information that would
assist a person in locating the underground facilities during the
engineering studies or construction planning activities.
(4) Provide an electronic positive response to the association.
(e) Facility locate markings must consist of paint, flags, or stakes or
any combination that mark the approximate location of the
underground facilities. The method of marking must be appropriate for
the location of the underground facilities.
(f) Color coding of facility locate markings indicating the type of
underground facility must conform to the following color coding:
(g) An operator to which the association provides a notice of intent
under section 16 of this chapter and that has no underground facilities
in the location of the proposed excavation or demolition shall, not later
than:
(1) 7 a.m. prevailing time on the next working day that follows the
elapse of two (2) full working days after the operator receives the
notice of intent; or
(2) the starting date and time of the excavation or demolition
stated in the notice of intent;
whichever is later, provide an electronic positive response to the
association indicating that the operator has no underground facilities
in the location of the proposed excavation or demolition. The
association shall provide the operator's electronic positive response to
the person responsible for the excavation or demolition.
(h) An operator to which the association provides notice under
section 16.5 of this chapter of preliminary engineering studies or
construction planning activities and that has no underground facilities
located in the project area that will be affected by the proposed
excavation or demolition shall, not later than 7 a.m. prevailing time on
the next working day that follows the elapse of ten (10) full working
days after the operator receives the notice, provide an electronic
positive response to the association indicating that the operator has no
underground facilities located in the project area that will be affected
by the proposed excavation or demolition. The association shall
provide the operator's electronic positive response to the person that
served the design information notice.
(i) This section does not apply to an operator making an emergency
repair to its own underground facility.
(j) This subsection applies if all of the following occur:
(1) An operator of a pipeline facility is required to supply
information, including facility locate markings, under subsection
(b) to a person responsible for an excavation or demolition.
(2) The operator of the pipeline facility fails to supply the:
(A) information, including facility locate markings, under
subsection (b) to a person responsible for an excavation or
demolition; or
(B) electronic positive response to the association under
subsection (c).
(3) The operator's pipeline facility is damaged during the
excavation or demolition for which the operator was required to
supply the information described in subdivision (1).
The operator of the pipeline facility may be subject to a civil penalty in
an amount recommended by the advisory committee and approved by
the commission, not to exceed one thousand dollars ($1,000).
(k) Subsection (j) does not apply to an operator that:
(1) is repairing its own underground facilities; or
(2) fails to supply required information or provide facility locate
markings due to factors beyond the control of the operator.
(l) A person that knowingly moves, removes, damages, or otherwise
alters a facility locate marking supplied under this section 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). This subsection does not apply to a person
that moves, removes, damages, or otherwise alters a facility locate
marking as part of the excavation or demolition for which the facility
locate markings were supplied.
(m) If an operator receives, under section 16 of this chapter, notice
of an excavation or demolition and determines that the operator is
unable to do either or both of the following, the operator shall notify
the person responsible for the excavation or demolition of the
operator's determination and shall provide additional information and,
if requested, onsite assistance to the person responsible for the
excavation or demolition:
(1) Locate and mark the operator's affected underground facilities
in the time required by subsection (a).
(2) Mark the approximate location of the operator's affected
underground facilities.
(n) A person responsible for an excavation or demolition shall,
before commencing the excavation or demolition, provide an
affirmative response to the association, in the manner prescribed by the
association, acknowledging the person's receipt of the information
provided under subsections (c) and (g).
(o) An operator to which the association provides notice under
section 16 or 16.5 of this chapter shall provide to the association an
electronic positive response:
(1) in the manner prescribed by the association; and
(2) including relevant codes detailing work status;
acknowledging the operator's resolution of the notice. The association
shall promptly provide the operator's electronic positive response to the
person that served the notice under section 16 or 16.5 of this chapter.

Legislative History

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.15; P.L.200-2014, SEC.5; P.L.122-2017, SEC.6; P.L.53-2024, SEC.8.