reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-2. Establishment of Pipeline Safety Division of Indiana Utility Regulatory Commission; Subjects Regulated

Sec. 2. There is hereby established within the Commission a Pipeline Safety Division. The Division shall be charged with the regulation of:
(1) transportation; and
(2) related pipeline facilities and their operations;
in order to promote the public safety.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-3. Directors; Personnel

Sec. 3. The Division shall be administered by a Director who shall be employed by, and shall be responsible to, the Commission and, who shall meet the job and personnel requirements of the State Department of Administration. The Director shall, with the approval of the Commission, employ a staff of competent full-time employees with professional and technical qualifications and ability. The Director, with approval of the Commission, may engage the services of qualified consultants as he deems appropriate.
Formerly: Acts 1971, P.L.84, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-4. Powers and Duties

Sec. 4. The division, acting through the commission, shall:
(1) Administer and require compliance with federal safety standards applicable to transportation and related pipeline facilities established under the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 60101 et seq.), and otherwise administer this chapter in such manner as may be required in order to maintain and continue in effect certification of the commission under 49 U.S.C. 60105.
(2) Establish, by rules and regulations of the commission, minimum state safety standards for transportation and related pipeline facilities. Such standards shall not be less stringent than the federal safety standards established under 49 U.S.C. 60101 et seq. and shall apply to the design, installation, inspection (including the taking possession of pipe and pipeline components), testing, construction, extension, operation, replacement, and maintenance of such pipeline facilities. Such new standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence prior to the date such standards are established. In establishing such standards, the following shall be considered:
(A) relevant available pipeline safety data;
(B) whether such standards are appropriate for the particular type of pipeline transportation;
(C) the reasonableness of any proposed standards;
(D) the extent to which such standards will contribute to public safety; and
(E) federal safety standards established under 49 U.S.C. 60101 et seq.
(3) Whenever a particular pipeline facility is found to be hazardous to human life or property, require, through the issuance of a hazardous condition order, the person who owns, operates, or leases such pipeline facility to take such action necessary to remove such hazards. Except in cases where immediate or extreme emergency is found to exist, such order shall not be issued until such person is afforded an opportunity to present the person's views and any facts bearing on the situation. In any event, unless such order is issued after notice and hearing, the person to whom such order is directed shall be entitled to prompt notice and hearing on the question as to whether such order shall be continued in effect.
(4) Review all incidents reported within the state involving accidents resulting in personal injury requiring hospitalization, death, or property damage in excess of fifty thousand dollars ($50,000), when the same is accompanied by an explosion, misapplication, and/or escapement of gas, hazardous liquid, or carbon dioxide fluid. Copies of any official report of the division shall be available for distribution to all interested persons, for the purpose of promoting pipeline safety.
(5) Keep itself informed as to research and development regarding pipeline safety.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.88; P.L.118-2006, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-5. Waiver of Standards

Sec. 5. Upon application by any person who engages in transportation or who owns, operates, or leases pipeline facilities, the commission may, after notice and opportunity for public hearing, and under such terms and conditions and to such extent as the commission deems appropriate, issue an order waiving in whole or in part compliance with any standard or standards established under this chapter, if the commission determines that such waiver of compliance with such standard or standards is not inconsistent with pipeline safety. The commission shall state in such order its reasons for any such waiver and shall otherwise comply with the provisions of 49 U.S.C. 60101 et seq. with regard to such waiver.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-6. Inspection of Facilities; Plans for Inspection and Maintenance; Records; Entry Upon Property

Sec. 6. Any person who engages in transportation or who owns, operates, or leases pipeline facilities shall:
(a) Comply with this chapter and all safety standards established pursuant to this chapter.
(b) Inspect such pipeline facilities and report the findings to the division as prescribed by standards established pursuant to this chapter.
(c) File with the division a plan for operation and maintenance of such pipeline facilities owned, operated, or leased by such person, and any change in such plan, as prescribed by rules established pursuant to this chapter. Such plan shall be subject to approval by the division, and if at any time such plan is determined by the division to be inadequate to achieve safe operation, upon recommendation by the director, the commission shall, after notice and opportunity for public hearing, order the plan revised. Any plan required under this chapter shall be practicable and designed to meet the need for pipeline safety.
(d) Establish and maintain such records, make such reports, and provide such information as the division, acting through the commission, may reasonably require to enable it to determine whether such person has acted or is acting in compliance with this chapter and the standards established under this chapter.
Each person upon request of an authorized representative of the division shall permit such representative access and entry for the purpose of inspection of such pipeline facilities, and inspection of books, papers, records, and documents (including the right to copy the same) as is reasonably necessary in order to determine whether such person has acted or is acting in compliance with this chapter and the standards established pursuant to this chapter.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.89; P.L.118-2006, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-6.1. Exception of Report From Disclosure

Sec. 6.1. (a) If the commission or division determines that a report or part of a report filed under this chapter is confidential under IC 5-14-3-4(a), the report or part of the report shall be excepted from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(a).
(b) If the commission or division determines under IC 5-14-3-4(b)(19) that the disclosure of a report or part of a report filed under this chapter has a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack, the commission or division may except the report or part of the report from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(b).
As added by P.L.118-2006, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-7. Civil Penalties, Hearings, and Assessments

Sec. 7. (a) A person who is engaged in transportation or owns, operates, or leases pipeline facilities who violates any provision of this chapter or any regulations issued pursuant to this chapter, is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation for each day that the violation persists. However, the maximum civil penalty may not exceed one million dollars ($1,000,000) for any related series of violations.
(b) The commission may, after notice and opportunity for public hearing, impose a civil penalty not to exceed the amount specified in subsection (a) against a person who violates this chapter or any rules issued pursuant to this chapter, and may compromise and collect the penalties which are payable to the state as otherwise provided by law. However, a penalty may not be assessed or collected for any violation for which the person has been found liable under 49 U.S.C. 60101 et seq.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.69-1990, SEC.1; P.L.118-2006, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-8. Appeals, Commission Decision, Ruling, or Order

Sec. 8. Any person adversely affected by any final decision, ruling, or order of the commission pursuant to this chapter may appeal such decision, ruling, or order. Any such appeal shall be taken in the manner provided for appeals from any final decision, ruling, or order of the commission as provided in IC 8-1-3.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.90.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-9. Rules; Procedure for Adoption

Sec. 9. All rules, including any safety standards, adopted by the commission under this chapter shall be adopted in accordance with the provisions of IC 4-22-2.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.91.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-10. Notices and Hearings

Sec. 10. Whenever in this chapter it is provided that the Commission shall take any action or issue any order "upon notice and after opportunity for public hearing" such notice shall be given as provided in IC 8-1-1-8 and such hearing shall be held and conducted in the manner as prescribed by IC 8-1-2-54 through IC 8-1-2-72.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.86-2018, SEC.140.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.5. Gas Pipeline Safety › 8-1-22.5-12. Action for Violations

Sec. 12. The court of appeals or such other court as may be empowered by law (or by rules of the supreme court) has jurisdiction to enjoin preliminarily or permanently any violation of this chapter, or any standards established pursuant to this chapter, determined by a final order issued by the commission, after notice and opportunity for public hearing as provided in this chapter. Such action may be brought by the attorney general in the name of the state upon certification by the commission of the complete record of such proceedings.
Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.3-1989, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-1. Application

Sec. 1. (a) This chapter applies to the construction of any segment of an interstate pipeline on privately owned land in Indiana.
(b) Except as otherwise provided in the guidelines adopted by the division, this chapter does not apply to construction activities that occur entirely on:
(1) a public right-of-way;
(2) a railroad right-of-way; or
(3) publicly owned land.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-2. "Affected Landowner"

Sec. 2. As used in this chapter, "affected landowner" means an owner of an interest in property that:
(1) is located in Indiana; and
(2) meets one (1) or more of the conditions set forth in 18 CFR 157.6(d)(2).
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-3. "Construction"

Sec. 3. (a) As used in this chapter, "construction" means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project.
(b) The term includes the following:
(1) The preparation of the construction site.
(2) Disassembling and removing a structure.
(3) Related work.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-4. "Division"

Sec. 4. As used in this chapter, "division" refers to the pipeline safety division of the Indiana utility regulatory commission established by IC 8-1-22.5-2.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-5. "Guidelines"

Sec. 5. As used in this chapter, "guidelines" refers to a nonrule policy document adopted by the division that establishes voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-6. "Pipeline"

Sec. 6. As used in this chapter, "pipeline" means a pipeline (as defined in IC 8-1-22.5-1(c)) that crosses or is located in:
(1) Indiana; and
(2) one (1) or more other states.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-7. "Pipeline Company"

Sec. 7. (a) As used in this chapter, "pipeline company" means a person (as defined in IC 8-1-22.5-1(e)) that:
(1) constructs; or
(2) proposes to construct;
a pipeline.
(b) The term includes any:
(1) employee;
(2) agent;
(3) contractor;
(4) subcontractor; or
(5) other person;
that is employed by, or acts on behalf of, a pipeline company.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-8. Division to Establish Nonbinding Guidelines; Use in Simplifying Easement Negotiations

Sec. 8. (a) The division shall establish voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana.
(b) Guidelines adopted by the division are not binding on any pipeline company or affected landowner but may be used by a pipeline company or an affected landowner to simplify negotiations involved in establishing a price for any:
(1) easement; or
(2) other interest in land;
needed by the pipeline company to construct a pipeline.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-9. Actions Indicating Intent to Construct Pipeline; Notice of Guidelines to Pipeline Company; Time of Mailing

Sec. 9. (a) For purposes of this section, a pipeline company proposes to construct a pipeline in Indiana if it does any of the following:
(1) Files an application for a certificate of public convenience and necessity with the Federal Energy Regulatory Commission.
(2) Undertakes:
(A) environmental, engineering, or cultural surveys; or
(B) other studies or surveys;
in Indiana in preparation for filing an application described in subdivision (1).
(3) Holds public meetings or hearings in Indiana concerning a proposed pipeline.
(4) Enters upon land in Indiana for the purpose of determining the route or location of a proposed pipeline.
(5) Contacts landowners in Indiana for the purpose of negotiating the price for:
(A) easements; or
(B) other interests in land;
necessary for the construction of a pipeline.
(6) Undertakes other actions in preparation for the construction of a pipeline.
(b) The division shall send, by certified mail, the following to each pipeline company that proposes to construct a pipeline in Indiana:
(1) A copy of the guidelines adopted by the division.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipeline construction guidelines included with the notice.
(B) A statement indicating:
(i) that the pipeline construction guidelines have been mailed to all affected landowners on the list provided by the pipeline company under section 10 of this chapter; and
(ii) that the division has encouraged the affected landowners to agree to the guidelines in any negotiations for easements or other land interests with the pipeline company.
(c) The division shall mail the guidelines and notice in accordance with subsection (b):
(1) as soon as the division learns of the proposed pipeline as a result of the pipeline company performing one (1) or more actions described in subsection (a); or
(2) not later than three (3) business days after the Federal Energy Regulatory Commission provides notice under 18 CFR 157.9(a) of the pipeline company's application for a certificate of territorial authority;
whichever occurs earlier.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-10. List of Affected Landowners; Notice to Affected Landowners; Time of Mailing

Sec. 10. (a) The pipeline company shall provide the division with a list of landowners that will be affected by the proposed construction of a pipeline or a segment of a pipeline in Indiana. The list must include all affected landowners that the pipeline company must provide notice to under IC 32-24-1-3(g).
(b) The division shall send, by certified mail, the following to each affected landowner:
(1) A copy of, or reference to, the guidelines adopted by the division.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipeline construction guidelines included with, or referenced in, the notice.
(B) A statement indicating that the pipeline construction guidelines have been mailed to the pipeline company. The statement required by this clause must specify a date after which the affected landowner may contact a toll free telephone number established by the division to provide information on the status of any construction guidelines agreed to by the pipeline company.
(C) A statement indicating that any guidelines agreed to by the pipeline company shall not be binding on the pipeline company or affected landowners but may be used by the pipeline company and an individual landowner to simplify negotiations involved in establishing a price for any:
(i) easement; or
(ii) other interest in land;
needed by the pipeline company to construct the pipeline.
(D) A statement encouraging the affected landowner to agree to any construction guidelines that the pipeline company agrees to follow, to the extent that the landowner determines that the guidelines are not contrary to the landowner's best interests.
(E) A statement including:
(i) contact information for the one (1) or more project coordinators designated by the division under section 12 of this chapter;
(ii) contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number; and
(iii) the commission's web site address.
(c) The division shall mail the information required under subsection (b) not later than twenty (20) days after the division is notified by the pipeline company of the proposed route and is provided with a list of the affected landowners as required by subsection (a).
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-11. Use of Guidelines in Negotiations With State Agencies; Statement of Agreement to Use Guidelines

Sec. 11. The division shall encourage pipeline companies to use the guidelines as a starting point for any negotiations with the various state agencies identified in the guidelines. The division may require a pipeline company proposing to construct a pipeline or a segment of a pipeline to sign a statement indicating whether or not the pipeline company agrees to use the guidelines for the project.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-12. Division to Designate Project Coordinators; Duties of Coordinators

Sec. 12. For each proposed or ongoing pipeline project in Indiana, the director of the division shall designate one (1) or more employees of the division to serve as project coordinators for the division. The director shall ensure that one (1) or more of the coordinators designated under this section are responsible for the following duties concerning the project:
(1) Monitoring all:
(A) filings with; and
(B) proceedings before;
the Federal Energy Regulatory Commission.
(2) Attending all public hearings or meetings concerning the project that are held in Indiana.
(3) Receiving and responding to questions and complaints about the project from Indiana residents.
(4) Updating the information required to be made available on the commission's web site under section 13 of this chapter.
(5) Any other duties assigned by the director of the division.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 22.6. Pipeline Construction Guidelines › 8-1-22.6-13. Information on Commission's Web Site; Updating of Information

Sec. 13. (a) The division shall make the following available on the commission's web site:
(1) A link to the guidelines adopted by the division.
(2) For each proposed or ongoing pipeline construction project in Indiana, the following information:
(A) A description of the pipeline company and the pipeline project, including:
(i) the pipeline's location, purpose, and construction schedule; and
(ii) the docket number assigned to the project by the Federal Energy Regulatory Commission.
(B) Contact information for the pipeline company, including a local or toll free telephone number.
(C) Contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number.
(D) Contact information for the one (1) or more project coordinators designated under section 12 of this chapter to receive and respond to questions and complaints from Indiana residents.
(E) Information on public hearings or meetings that are scheduled in connection with the pipeline project.
(F) Other information concerning the pipeline project that the division considers relevant or of likely concern to Indiana residents.
(b) The division shall update the information required under subsection (a)(1) whenever:
(1) one (1) or more guidelines adopted by the division are revised or superseded by the division; or
(2) one (1) or more new guidelines are adopted by the division.
(c) The division shall update the information required under subsection (a)(2) on a regular basis throughout the course of a pipeline project. The division shall ensure that all information on the division's web site concerning a pipeline project is accurate, current, and accessible. The director of the division shall assign the responsibility of complying with this subsection to one (1) or more project coordinators designated under section 12 of this chapter.
As added by P.L.110-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 23. Gas Pipelines─county Roads › 8-1-23-1. Roadway Obstructions or Interruptions; Detours

Sec. 1. Whenever, in the opinion of any board of county commissioners, the use of any public county highway or highways shall be or will become impracticable or unsafe because of obstructions or interruptions resulting from erosion, changes in natural or artificial drains, or any other cause of any kind or nature whatsoever, the said board of county commissioners of the county wherein such highway or highways is located, or the boards of county commissioners of adjoining counties acting together, if the obstructed or interrupted part thereof is located upon a county line or extends from one county to another, shall have the power to close said highway or highways, or the necessary parts thereof, and divert traffic therefrom by suitable detours, if in their judgment such detours are necessary, until such time as the conditions causing such obstruction or interruption no longer exists and the continued use of said highway or highways become practicable and safe.
Formerly: Acts 1947, c.151, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 23. Gas Pipelines─county Roads › 8-1-23-2. Permits; Temporary Highway Obstruction

Sec. 2. If any person shall desire to temporarily obstruct a county highway which obstruction may result in damage to the highway or temporary blocking of traffic over the highway, such person shall first obtain permission, in writing, which writing shall be entered of record, from the board of county commissioners of the county wherein such highway or highways is located, or the boards of county commissioners of adjoining counties acting together, if the obstructed or interrupted part thereof is located upon a county line or extends from one county to another.
Before such permission may be granted by any board of county commissioners, such person shall first file with each board of county commissioners from which permission is requested, a surety bond, in a sum to be fixed by and to the approval of such board of county commissioners, payable to the county, conditioned either upon the payment of any damages which such county or road may sustain or upon the proper restoration of such highway, as such county commissioners may direct.
Formerly: Acts 1947, c.151, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 23. Gas Pipelines─county Roads › 8-1-23-3. Construction Contracts

Sec. 3. If any person shall desire to lay a pipe line, conduit or private drain, across or along any county highway of this state, such person shall first enter into a contract with the board of county commissioners in each county wherein it is desired to locate such pipe line, conduit or drain, which contract will obligate the owner thereof to restore the county highway to its original condition after the laying thereof and to reimburse the county for the use of such highway. In addition such person shall file with the board of county commissioners a surety bond, payable to the county, in a sum to be set by and to the approval of the board of county commissioners, conditioned upon the performance of such contract. No such contract shall give any person a permanent right or easement to use any county highway but such contract may give the right to use such highway so long as such pipe line, conduit or drain, does not interfere with the alteration, use, abandonment or public enjoyment of such county highway.
Formerly: Acts 1947, c.151, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 23. Gas Pipelines─county Roads › 8-1-23-4. "Person"

Sec. 4. The word person as used in this chapter shall include a public utility, partnership, limited liability company, firm, association, or corporation.
Formerly: Acts 1947, c.151, s.4. As amended by P.L.8-1993, SEC.129; P.L.136-2018, SEC.77.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 23. Gas Pipelines─county Roads › 8-1-23-5. Violations

Sec. 5. A person who installs a pipeline, conduit, or private drain, across or along any county highway, or blocks or damages any county highway without complying with this chapter, commits a Class B infraction.
Formerly: Acts 1947, c.151, s.5. As amended by Acts 1978, P.L.2, SEC.809.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 24. Gas Pipeline Securities › 8-1-24-1. Approval of Commission Not Required for Certain Transactions

Sec. 1. Notwithstanding any other statute or rule of law of the state, any corporation or other business entity engaged in the transmission of gas by pipeline, which is subject to the supervision, control, or jurisdiction of the federal government or any agency, board or commission thereof with respect to construction of additional facilities, shall not be required to obtain the leave, approval, or consent of the commission for the issuance of any of its stocks, certificates of stock, bonds, notes, or other evidences of indebtedness nor shall any such corporation or other business entity be required to obtain the approval of the commission in order to sell, assign, transfer, lease, or encumber its franchise, works, or system to any other person, partnership, limited liability company, or corporation.
Formerly: Acts 1973, P.L.64, SEC.1. As amended by P.L.23-1988, SEC.59; P.L.8-1993, SEC.130.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 24. Gas Pipeline Securities › 8-1-24-2. Exemption From Ic 8-1-1 and Ic 8-1-2

Sec. 2. Any corporation or other business entity engaged in the transmission of gas by pipeline, and which is subject to the supervision, control, or jurisdiction of the federal government, or any agency, board, or commission thereof with respect to construction of additional facilities, shall be exempt from and after July 26, 1973, from all provisions of IC 8-1-1 and IC 8-1-2 with respect to the issuance of its stocks, certificates of stock, bonds, notes, or other evidences of indebtedness and with respect to the sale, assignment, transfer, lease, or encumbrance of its franchise, works, or system.
Formerly: Acts 1973, P.L.64, SEC.1. As amended by P.L.59-1984, SEC.92; P.L.23-1988, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 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 that is performed:
(A) only with a hand tool;
(B) on property owned or controlled by the person performing the excavation; and
(C) to a depth not greater than twelve (12) inches.
(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.
(6) Underground probing to determine the extent of gas migration.
(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; P.L.62-2009, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-1.5. "Advisory Committee"

Sec. 1.5. As used in this chapter, "advisory committee" refers to the underground plant protection advisory committee established by section 23 of this chapter.
As added by P.L.62-2009, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-2. "Approximate Location"

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-3. "Association"

Sec. 3. As used in this chapter, "association" means an organization that is:
(1) formed in Indiana to provide for mutual receipt of notice of excavation or demolition for the organization's members;
(2) known as the Indiana Underground Plant Protection Service (or its successor organization); and
(3) accessed by dialing the abbreviated dialing code 811, as designated by the Federal Communications Commission as the nationwide toll free number to be used by state One Call systems.
As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-3.5. "Communications Service"

Sec. 3.5. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.
As added by P.L.200-2014, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-4. "Damage"

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-5. "Demolish"

Sec. 5. As used in this chapter, "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.
As added by P.L.69-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-5.2. "Design Information Notice"

Sec. 5.2. As used in this chapter, "design information notice" means a notification that:
(1) is voluntarily submitted to the association under section 16.5 of this chapter by a person providing professional services in connection with:
(A) a construction project; or
(B) any other project or operation;
that will involve an excavation or demolition operation described in section 14 of this chapter;
(2) is made in preparation for bidding, preconstruction engineering, or other advance planning efforts in connection with the project or operation described in subdivision (1); and
(3) is separate from and does not supplant the notice required under section 16 of this chapter before the commencement of the excavation or demolition operation.
As added by P.L.122-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-6. "Excavate"

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 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.
As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-7. "Facility"

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, carbon dioxide fluids, water, steam, or sewerage. The term includes pipeline facilities.
As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-8. "Imminent Danger to Life, Health, Property, or Loss of Service"

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-9. "Mechanized Equipment"

Sec. 9. As used in this chapter, "mechanized equipment" means equipment operated by means of mechanical power, including:
(1) trenchers;
(2) bulldozers;
(3) power shovels;
(4) augers;
(5) backhoes;
(6) scrapers;
(7) drills;
(8) cable and pipe plows;
(9) hydraulic excavators; and
(10) other equipment that may cause damage to underground facilities.
As added by P.L.69-1990, SEC.2. Amended by P.L.200-2014, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-10. "Operator"

Sec. 10. As used in this chapter, "operator" means a person who owns or operates an underground facility, other than an underground facility that:
(1) is located on real property that the person owns or occupies; and
(2) the person operates for the person's benefits.
As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-11. "Person"

Sec. 11. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. The term includes state, local, and federal agencies. The term does not include the association.
As added by P.L.69-1990, SEC.2. Amended by P.L.8-1993, SEC.131; P.L.62-2009, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-11.2. "Pipeline Facilities"

Sec. 11.2. As used in this chapter, "pipeline facilities" has the meaning set forth in IC 8-1-22.5-1(d).
As added by P.L.62-2009, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-11.5. "White Lining"

Sec. 11.5. As used in this chapter, "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.
As added by P.L.62-2009, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-15. Recording Location of Underground Facilities; Updating Information; Association Membership; Penalty

Sec. 15. (a) An operator that has underground facilities located in Indiana must become a member of the association and shall provide the following information to the association:
(1) The name of each township and 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.
(2) The name of the operator.
(3) The name, title, address, and telephone number of the operator's representative designated to receive:
(A) notices of intent required by section 16 of this chapter; and
(B) design information notices under section 16.5 of this chapter.
(b) An operator shall report any changes in the information contained in the list recorded under subsection (a) with the association within thirty (30) calendar days of the change. The document reflecting the changes shall be cross-referenced to the original information reported under subsection (a).
(c) A person other than an operator may be a member of the association.
(d) A person that is required, but fails, to maintain membership in the association after December 31, 2009, may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed one hundred dollars ($100). Each day that a person that is required, but fails, to maintain membership in the association constitutes a separate violation for purposes of imposing a fine under this subsection.
As added by P.L.69-1990, SEC.2. Amended by P.L.114-2003, SEC.1; P.L.62-2009, SEC.12; P.L.122-2017, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-18.5. Installation of New or Replacement Facilities After June 30, 2020; Detection From Above Ground Level

Sec. 18.5. (a) This section applies to any new or replacement underground facility that an operator installs or causes to be installed after June 30, 2020, in any public right-of-way or on any private property.
(b) Subject to any other applicable federal or state laws or regulations, for any new or replacement underground facility that an operator installs or causes to be installed, the operator shall ensure that:
(1) the materials from which the facility is constructed are capable of being detected from above ground level using standard equipment and technologies used by the utility locating industry, such as electromagnetic locating equipment and electromagnetic induction surveys; or
(2) if the materials from which the facility is constructed are not capable of being detected from above ground level using standard locating techniques, as described in subdivision (1), the facility is:
(A) encased by conductive material; or
(B) equipped with an electrically conducting wire or other means of locating the facility while it is underground.
(c) The commission may adopt rules under IC 4-22-2 to implement this section, including emergency rules in the manner provided under IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this subsection and in the manner provided under IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.46-2020, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 8-1-26-19. Emergency Excavation or Demolition; Notice Requirements; Penalties

Sec. 19. (a) 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 the association; and
(2) request emergency assistance from each operator identified by the association as having underground facilities located in the area of the emergency excavation or demolition in locating and providing immediate protection to the operator's underground facilities.
(b) This section applies to an operator making an emergency repair to its own underground facility.
(c) A person that knowingly provides false notice of an emergency excavation or demolition to the association under subsection (a) 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).
As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 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 and the association of the location and nature of the damage; and
(2) allow the operator of the facility 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 the association 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. Amended by P.L.62-2009, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 26. Damage to Underground Facilities › 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.
(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.
As added by P.L.69-1990, SEC.2.