§ 8-1-26-1 Application of chapter
§ 8-1-26-1.3 “Account”
§ 8-1-26-1.5 “Advisory committee”
§ 8-1-26-2 “Approximate location”
§ 8-1-26-3 “Association”
§ 8-1-26-3.5 “Communications service”
§ 8-1-26-4 “Damage”
§ 8-1-26-5 “Demolish”
§ 8-1-26-5.2 “Design information notice”
§ 8-1-26-6 “Excavate”
§ 8-1-26-7 “Facility”
§ 8-1-26-8 “Imminent danger to life, health, property, or loss of service”
§ 8-1-26-9 “Mechanized equipment”
§ 8-1-26-10 “Operator”
§ 8-1-26-11 “Person”
§ 8-1-26-11.2 “Pipeline facilities”
§ 8-1-26-11.3 “Prevailing time”
§ 8-1-26-11.4 “Tolerance zone”
§ 8-1-26-11.5 “White lining”
§ 8-1-26-11.5 v2 “White lining”
§ 8-1-26-12 “Working day”
§ 8-1-26-12 v2 “Working day”
§ 8-1-26-13 Permit authorizing excavation or demolition; compliance with chapter
§ 8-1-26-14 Excavation or demolition of structure served by underground facility; location of affected structures
§ 8-1-26-15 Recording location of underground facilities; updating information; association membership; penalty
§ 8-1-26-16 Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties
§ 8-1-26-16 v2 Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties
§ 8-1-26-16.5 Design information notice; duty to perform white lining; timing; association’s duties on receipt; design information notice contents; operator’s duties on receipt; grounds for rejection; effect
§ 8-1-26-16.5 v2 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
§ 8-1-26-17 Association membership; board of directors; association’s duties
§ 8-1-26-17 v2 Association membership; board of directors; association’s duties
§ 8-1-26-18 Duty to locate and mark facilities; design information notice; color coding of markings; pipeline facilities; alteration of markings; notice of operator’s inability to locate and mark facilities
§ 8-1-26-18 v2 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
§ 8-1-26-18.5 Installation of new or replacement facilities after June 30, 2020; detection from above ground level
§ 8-1-26-19 Emergency excavation or demolition; notice requirements; penalties
§ 8-1-26-19 v2 Emergency excavation or demolition; notice requirements; penalties
§ 8-1-26-20 Duties of excavator; facilities in or under pavement; use of mechanized equipment; civil penalties
§ 8-1-26-20 v2 Duties of excavator; facilities in or under pavement; use of mechanized equipment; civil penalties
§ 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
§ 8-1-26-22 Pecuniary loss suffered by operator; civil action; damages; defenses; injunction
§ 8-1-26-23 Underground plant protection advisory committee established; membership; duties and powers
§ 8-1-26-24 Underground plant protection account
§ 8-1-26-25 Penalties under IC 8-1-22.5 for pipeline operators
§ 8-1-26-26 Authority of commission to adopt rules
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Terms Used In Indiana Code > Title 8 > Article 1 > Chapter 26 - Damage to Underground Facilities

  • account: refers to the underground plant protection account established by section 24 of this chapter. See Indiana Code 8-1-26-1.3
  • advisory committee: refers to the underground plant protection advisory committee established by section 23 of this chapter. See Indiana Code 8-1-26-1.5
  • 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. See Indiana Code 8-1-26-2
  • association: means an organization that is:

    Indiana Code 8-1-26-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • communications service: has the meaning set forth in Indiana Code 8-1-26-3.5
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • damage: means :

    Indiana Code 8-1-26-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • demolish: means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. See Indiana Code 8-1-26-5
  • design information notice: means a notification that:

    Indiana Code 8-1-26-5.2

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • excavate: means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling. See Indiana Code 8-1-26-6
  • facility: means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerage. See Indiana Code 8-1-26-7
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • mechanized equipment: means equipment operated by means of mechanical power, including:

    Indiana Code 8-1-26-9

  • operator: means a person who owns or operates an underground facility, other than an underground facility that:

    Indiana Code 8-1-26-10

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. See Indiana Code 8-1-26-11
  • pipeline facilities: has the meaning set forth in Indiana Code 8-1-26-11.2
  • prevailing time: means the time observed in Indianapolis, Indiana. See Indiana Code 8-1-26-11.3
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • white lining: means the act of marking the route or boundary of a proposed excavation or demolition with white paint, flags, or stakes, or a combination of white paint, flags, and stakes. See Indiana Code 8-1-26-11.5
  • working day: means every day except Saturday, Sunday, and state and national legal holidays. See Indiana Code 8-1-26-12