Section 8-1-26-20 - [Effective 1/1/2025] Duties of excavator; facilities in or under pavement; use of mechanized equipment; civil penalties(a) 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.(2) Maintain a clearance between an underground facility, as marked by the operator, and the cutting edge or point of mechanized equipment equal to the tolerance zone of the physical plant. If the clearance is less than two (2) feet, or if an underground facility is located or contained in or under pavement or another manmade hard surface, exposure of the underground facility may be accomplished only as follows: (A) Only by the use of: (iii) vacuum excavation; or(iv) hydro vacuum excavation.(B) Mechanized equipment may not be used within the tolerance zone of the physical plant unless the person responsible for the excavation or demolition does the following: (i) Visually identifies the precise location of the underground facilities or visually confirms that no facility is present within the depth of the excavation.(ii) Takes reasonable precautions to avoid any substantial weakening of the underground facilities' structural or lateral support.(iii) Takes reasonable precautions to avoid penetration or destruction of the underground facilities, including their protective coatings.(iv) Requires an individual other than the equipment operator to visually monitor the excavation activity.(C) Mechanized equipment may be used for the initial penetration and removal of pavement or other manmade hard surfaces if an underground facility is located or contained in or under pavement or another manmade hard surface, or if there is pavement or another manmade hard surface extending up to the tolerance zone of the physical plant, subject to the following:(i) The person responsible for the excavation or demolition must plan the excavation to avoid damage to or minimize interference with the underground facilities, as required under subdivision (1).(ii) The person responsible for the excavation or demolition must take into account the known limits of control of the mechanized equipment's cutting edge or point.(iii) The mechanized equipment may be used only to the depth necessary to remove the pavement or other manmade hard surface.(3) Notify the association if: (A) there is evidence of an unmarked facility in the area of the excavation or demolition; or(B) the markings indicating the location of an underground facility have become illegible.(b) A person who: (1) violates subsection (a); and(2) causes damage to a pipeline facility in the area of the excavation or demolition; 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. 10, eff. 1/1/2025.Amended by P.L. 200-2014, SEC. 6, eff. 7/1/2014.As added by P.L. 69-1990, SEC.2. Amended by P.L. 62-2009, SEC.17.This section is set out more than once due to postponed, multiple, or conflicting amendments.