Section 8-1-26-16 - [Effective 1/1/2025] Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties(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: (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).
Amended by P.L. 53-2024,SEC. 5, eff. 1/1/2025.Amended by P.L. 122-2017,SEC. 3, eff. 7/1/2017.Amended by P.L. 200-2014, SEC. 3, eff. 7/1/2014.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.This section is set out more than once due to postponed, multiple, or conflicting amendments.