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

     Sec. 18. (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.

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.