Note: This version of section effective 1-1-2025. See also preceding version of this section, effective until 1-1-2025.

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Terms Used In Indiana Code 8-1-26-16.5 v2

  • association: means an organization that is:

    Indiana Code 8-1-26-3

  • design information notice: means a notification that:

    Indiana Code 8-1-26-5.2

  • 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
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • operator: means a person who owns or operates an underground facility, other than an underground facility that:

    Indiana Code 8-1-26-10

  • 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
  • prevailing time: means the time observed in Indianapolis, Indiana. See Indiana Code 8-1-26-11.3
  • 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
     Sec. 16.5. (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.

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

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