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IC 8-1-26-1
Application of chapter
Sec. 1. (a) Except as provided by this section, this chapter does
not apply to the following:
(1) Excavation using only nonpowered hand tools.
(2) Excavation using only animals.
(3) Tilling of soil for agricultural purposes, such as plowing,
planting, and combining.
(4) Surface coal mining and reclamation operations conducted
under a permit issued by the natural resources commission
under IC 14-34.
(5) Railroad right-of-way maintenance or operations.
(b) This chapter does apply to blasting, setting drainage tile,
subsoiling, and other subsurface activities.
(c) Sections 16, 19, 20, and 22 of this chapter apply to the
construction and installation of railroad signal facilities and drainage
facilities at public grade crossings.
As added by P.L.69-1990, SEC.2. Amended by P.L.1-1995, SEC.55.
IC 8-1-26-2
"Approximate location" defined
Sec. 2. As used in this chapter, "approximate location" means a
strip of land at least four (4) feet wide but not wider than the width
of the underground facility plus two (2) feet on either side of the
outer limits of the physical plant.
As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.1.
IC 8-1-26-3
"Association" defined
Sec. 3. As used in this chapter, "association" means an
organization formed in Indiana to provide for mutual receipt of
notice of excavation or demolition for the organization's member
operators that have underground facilities in Indiana.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-4
"Damage" defined
Sec. 4. As used in this chapter, "damage" means:
(1) the substantial weakening of structural or lateral support of
an underground facility;
(2) the penetration or destruction of a protective coating, a
housing, or another protective device of an underground
facility;
(3) the partial or complete severance of an underground facility;
or
(4) rendering any underground facility inaccessible.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-6
"Excavate" defined
Sec. 6. As used in this chapter, "excavate" means an operation for
the movement, placement, or removal of earth, rock, or other
materials in or on the ground by use of mechanized equipment or by
discharge of explosives, including augering, backfilling, digging,
ditching, drilling, grading, plowing in, pulling in, ripping, scraping,
trenching, and tunneling.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-7
"Facility" defined
Sec. 7. As used in this chapter, "facility" means a line or system
used for producing, storing, conveying, transmitting, or distributing
communication, information, electricity, gas, petroleum, petroleum
products, hazardous liquids, water, steam, or sewerage.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-8
"Imminent danger to life, health, property, or loss of service"
defined
Sec. 8. As used in this chapter, "imminent danger to life, health,
property, or loss of service" means there is a substantial likelihood
that loss of life, health, property, or service will result before the
procedures under sections 16 and 18 of this chapter can be
completed.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-9
"Mechanized equipment" defined
Sec. 9. As used in this chapter, "mechanized equipment" means
equipment operated by means of mechanical power, including
trenchers, bulldozers, power shovels, augers, backhoes, scrapers,
drills, cable and pipe plows, hydroexcavators, and other equipment
that may cause damage to underground facilities.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-10
"Operator" defined
Sec. 10. As used in this chapter, "operator" means a person who
owns or operates an underground facility.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-12
"Working day" defined
Sec. 12. As used in this chapter, "working day" means every day
except Saturday, Sunday, and state and national legal holidays.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-13
Permit authorizing excavation or demolition; compliance with
chapter
Sec. 13. A permit issued in accordance with a law authorizing
excavation or demolition operations does not relieve a person from
the responsibility of complying with this chapter.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-14
Excavation or demolition of structure served by underground
facility; location of affected structures
Sec. 14. Except as provided in section 19 of this chapter, a person
may not excavate real property or demolish a structure that is served
or was previously served by an underground facility without first
ascertaining in the manner prescribed by sections 16 and 18 of this
chapter the location of all underground facilities in the area affected
by the proposed excavation or demolition.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-15
Recording location of underground facilities; updating
information; fees
Sec. 15. (a) This section applies to recordings made with a county
recorder before September 1, 2004.
(b) Except as provided in subsection (e), an operator that has
underground facilities located in Indiana shall record with the county
recorder of each county in which the facilities are located a list
containing the name of each township in the county in which the
operator has underground facilities, including those facilities that
have been abandoned in place by the operator but not yet physically
removed. The list must include the name of the operator and the
name, title, address, and telephone number of the operator's
representative designated to receive the written or telephonic notice
of intent required by section 16 of this chapter.
(c) An operator shall record any changes in the information
contained in the list recorded under subsection (b) with the county
recorder of the county in which these facilities are located within
thirty (30) calendar days of the change. The document reflecting the
changes shall be cross-referenced to the original list recorded under
subsection (b).
(d) The county recorder shall charge a fee in accordance with
IC 36-2-7-10.
(e) An association meeting the requirements of section 17 of this
chapter shall be responsible for providing the information required
in subsections (b) and (c) for the association's members and shall be
responsible for paying the fee contained in subsection (d) for the
association's members.
As added by P.L.69-1990, SEC.2. Amended by P.L.114-2003, SEC.1.
IC 8-1-26-15.5
Duty of association to record location of facilities after August 31,
2004
Sec. 15.5. (a) Except as provided in subsection (b), after August
31, 2004, the association described in section 17(c) of this chapter is
responsible for:
(1) providing the information; and
(2) paying the fee;
required under section 15 of this chapter for each of the association's
members.
(b) The association described in section 17(c) of this chapter is
not required to provide information or pay a new fee under this
section for a member:
(1) that has provided the information and paid the fee required
under section 15 of this chapter before September 1, 2004; or
(2) on whose behalf the association has provided the
information and paid the fee required under section 15 of this
chapter before September 1, 2004;
unless the association receives notice from the member of a change
in the information recorded before September 1, 2004, under section
15 of this chapter.
As added by P.L.114-2003, SEC.2.
IC 8-1-26-16
Notice to excavate or demolish; association to receive notice after
August 31, 2004
Sec. 16. (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 must serve written or telephonic notice to
excavate or demolish. The notice must be received at least two (2)
full working days but not more than twenty (20) calendar days before
the commencement of the work. However, a person responsible for
excavation or demolition may commence work before the elapse of
two (2) full working days if all affected operators have notified the
person 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.
(b) For a notice served under this section before September 1,
2004, the notice must be served on each operator, or each operator's
association, who has recorded a list required by section 15 of this
chapter indicating that the operator has underground facilities located
in the proposed area of excavation or demolition.
(c) After August 31, 2004, a notice under this section must be
served on the association described in section 17(c) of this chapter.
A county recorder who receives an inquiry from a person seeking to
provide notice of an excavation or a demolition under this section
shall refer the person to the association described in section 17(c) of
this chapter. After receiving a notice under this section, the
association shall:
(1) determine whether one (1) or more of the association's
members have underground facilities located in the proposed
area of excavation or demolition, based on recordings made
under section 15 or 15.5 of this chapter; and
(2) provide notice of the proposed excavation or demolition to
any member identified under subdivision (1) as having
underground facilities located in the proposed area of
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 written or telephonic 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 starting date, anticipated duration, and type of
excavation or demolition operation to be conducted.
(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.
(f) If the notice required by this section is by telephone, the
operator or association shall maintain an adequate record of the
notice for three (3) 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. For a notice given by
telephone after August 31, 2004, the association described in section
17(c) of this chapter is responsible for maintaining the record of
notice required by this subsection.
As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.2;
P.L.114-2003, SEC.3.
IC 8-1-26-17
Association to record facilities and receive notice of demolition or
excavation; board of directors; mandatory participation after
August 31, 2004
Sec. 17. (a) Before September 1, 2004, operators, in any
combination or group, may form and operate an association in
Indiana to record for the association's members the information
required by section 15 of this chapter and to provide for mutual
receipt of notice of excavation or demolition operations under
section 16 of this chapter. An association may provide the service on
behalf of operators having underground facilities in Indiana and shall
record with the county recorder of the county in which those
facilities are located the following information:
(1) The telephone number and address of the association.
(2) A description of the geographical area served by the
association.
(3) A list of the names and addresses of each operator receiving
the service from the association.
(b) An association formed under this section must have the
capability to serve any operator located in Indiana. Associations that
qualify under this section include, without limitation, the "One Call"
system that is managed by the Indiana Underground Plant Protection
Service.
(c) After August 31, 2004, an operator that has underground
facilities located in Indiana must be a member of the Indiana
Underground Plant Protection Service or its successor organization
if the articles of incorporation or the bylaws of the Indiana
Underground Plant Protection Service or its successor organization
do the following:
(1) Provide that the board of directors of the Indiana
Underground Plant Protection Service or its successor
organization is composed of:
(A) five (5) members representing electric utilities other than
municipal electric utilities, including corporations organized
or operating under IC 8-1-13 or corporations organized
under IC 23-17, some of whose members are local district
corporations (as described in IC 8-1-13-23);
(B) five (5) members representing investor owned gas
utilities, including pipelines;
(C) five (5) members representing telecommunications
providers, at least one (1) of whom is a provider of cable
television service;
(D) five (5) members representing water or sewer utilities
other than municipal water or sewer utilities; and
(E) five (5) members representing political subdivisions,
including municipal utilities, which must include the
political subdivision that owns the largest waterworks utility
in Indiana.
(2) Require the affirmative vote of at least sixty percent (60%)
of each category of members in subdivision (1) to approve an
increase, a decrease, or any other adjustment to the membership
dues, rates, tariffs, locate fees, or any other charges imposed by
the Indiana Underground Plant Protection Service or its
successor organization.
(d) The association identified in subsection (c) shall provide the
services described in subsection (a) by:
(1) recording for the association's members the information
required by section 15.5 of this chapter; and
(2) providing for mutual receipt of notice of excavation or
demolition operations under section 16 of this chapter.
(e) The association identified in subsection (c) shall:
(1) annually update the association's grid map data, including
street addresses; and
(2) make reasonable efforts to reduce incorrect locate requests
issued to the association's members.
As added by P.L.69-1990, SEC.2. Amended by P.L.114-2003, SEC.4.
IC 8-1-26-18
Information required of operators and associations in receipt of
notice of intent
Sec. 18. (a) Each operator or association notified under section 16
of this chapter shall, in two (2) full working days of receiving the
notice of intent provided in section 16 of this chapter (unless a
shorter period is provided by agreement between the person
responsible for the excavation or demolition and the operator),
supply to the person responsible for the excavation or demolition the
following information, using maps when appropriate:
(1) The approximate location and description of all the
operator's underground facilities that may be damaged as a
result of the excavation or demolition.
(2) The location and description of all facility markers
indicating the approximate location of the underground
facilities.
(3) 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.
(b) Facility locate markings must consist of paint, flags, or stakes
or any combination that mark the approximate location of the
underground facilities.
(c) Color coding of facility locate markings indicating the type of
underground facility must conform to the following color coding:
Facility and Type of Product Specific Group
Identifying Color
(1) Electric power distribution
and transmission
IC 8-1-26-19
Emergency excavation or demolition; notice requirements
Sec. 19. A person responsible for emergency excavation or
demolition to ameliorate an imminent danger to life, health, property,
or loss of service is not required to comply with the notice
requirements of section 16 of this chapter. However, that person
shall:
(1) give, as soon as practicable, oral notice of the emergency
excavation or demolition to each operator having underground
facilities located in the area or to an association described in
section 17 of this chapter that serves an operator where the
excavation or demolition is to be performed; and
(2) request emergency assistance from each operator identified
in locating and providing immediate protection to the operator's
underground facilities.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-20
Duties of persons responsible for excavation or demolition
Sec. 20. In addition to the notice required in section 16 of this
chapter, a person responsible for an excavation or demolition
operation under section 14 of this chapter shall do all of the
following:
(1) Plan the excavation or demolition to avoid damage to or
minimize interference with underground facilities in and near
the construction area.
IC 8-1-26-21
Demolition or excavation resulting in damage to underground
facility; escape of flammable, toxic, or corrosive gas or liquid;
duties of operator
Sec. 21. (a) Except as provided in subsection (b), a person
responsible for an excavation or a demolition operation under section
14 of this chapter that results in damage to an underground facility
shall:
(1) immediately upon discovery of the damage, notify the
operator of the facility of the location and nature of the damage;
and
(2) allow the operator reasonable time to accomplish necessary
repairs before completing the excavation or demolition in the
immediate area of the facility.
(b) A person responsible for an excavation or a demolition
operation under section 14 of this chapter that results in damage to
an underground facility permitting the escape of flammable, toxic, or
corrosive gas or liquid shall:
(1) immediately upon discovery of the damage, notify the
operator and local police and fire departments having
jurisdiction; and
(2) take other action necessary to protect persons and property
and to minimize the hazards until arrival of the operator's
personnel or police and fire personnel.
As added by P.L.69-1990, SEC.2.
IC 8-1-26-22
Pecuniary loss suffered by operator; civil action; damages;
defenses; injunction
Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a
violation of this chapter, the operator may bring a civil action against
the person who caused the loss for the following:
(1) An amount equal to the operator's actual damage to the
facility.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(b) At the court's discretion, a court having jurisdiction may award
punitive damages up to three (3) times the operator's actual damage.
(c) It is a defense to an action brought under this chapter if an
operator fails to comply with the duties imposed under this chapter.