Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XI - Office of Conservation-Pipeline Division › Subpart 6 - Damage Prevention › Chapter 59 - General › Section XI-5903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  words and terms, when used in this Chapter, shall have the following meanings,
				  unless the context clearly indicates otherwise.
Agricultural Excavator
-a person who owns
					 or operates a farm and is directly involved in the cultivation of land or crops
					 or who raises livestock.
Commissioner
-the commissioner of
					 conservation.
Damage
-any defacing, scraping, gouging,
					 breaking, cutting, or displacement of, impact upon or removal of an underground
					 pipeline or its means of primary support.
Demolisher
-any person engaged in the act
					 of demolishing as defined in this Section.
Demolition
-the total or partial wrecking,
					 razing, rendering, moving, or removing of any building or structure, movable or
					 immovable.
Emergency
-any crisis situation which poses
					 an imminent threat or danger to life, health, or property which requires
					 immediate action, if such action is taken. The term also includes an unplanned
					 pipeline outage, which requires immediate action, if such action is
					 taken.
Excavation
or
Excavate
-any operation causing movement or removal of earth,
					 rock, or other materials in or on the ground or submerged in a marine
					 environment that could reasonably result in damage to underground or submerged
					 pipelines by the use of powered or mechanical or manual means, including but
					 not limited to pile driving, digging, blasting, augering, boring, back filling,
					 dredging, compaction, plowing-in, trenching, ditching, tunneling,
					 land-leveling, grading, and mechanical probing.
Excavation
or
excavate
shall not include manual probing, normal commercial
					 farming operations, or any force majeure, act of God, or act of nature.
Excavator-
any person who engages in
					 excavation operations.
Inclement Weather
-weather that prohibits
					 or impedes a worker's use of his locating equipment or causes undue risk to
					 himself or his equipment such as lightning, heavy rain, tornadoes, hurricanes,
					 floods, sleet, snow, or flooding conditions.
Mark by Time
-the date and time provided by
					 the regional notification center by which the pipeline operator is required to
					 mark the location or provide information to enable an excavator or demolisher,
					 using reasonable and prudent means, to determine the specific location of the
					 pipeline as provided for in
					 §6301 The mark
					 by time may be extended if mutually agreed upon and documented between the
					 excavator and operator.
Normal Commercial Farming
					 Operations-
operations or activities for agricultural cultivation
					 purposes that do not encroach on a pipeline servitude or operations or
					 activities that do encroach on a pipeline servitude and the depth of excavation
					 is less than 12 inches in the soil below the existing surface grade.
Operator
-any person who owns or operates a
					 pipeline as defined by this Chapter.
Person
-an individual, firm, partnership,
					 association, limited liability company, corporation, joint venture,
					 municipality, governmental agency, political subdivision, or agent of the state
					 or any legal representative thereof.
Pipeline
-all intrastate and interstate
					 pipeline facilities defined by
					 49 CFR
					 192.3 and
					  49 CFR 195.2.
Regional Notification Center
-any one of
					 the following:
a. an entity designated
				  as nonprofit by the Internal Revenue Service under
				  Section
				  501(c) of the
				  Internal Revenue Code and which is organized to protect its members from damage
				  and is certified by the Department of Public Safety and Corrections in
				  accordance with
				  R.S.
				  40:1749.18;
b. an organization of operators, consisting
				  of two or more separate operators who jointly have underground utilities or
				  facilities in three or more parishes in Louisiana, which is organized to
				  protect its own installation from damage and has been certified by the
				  Department of Public Safety and Corrections in accordance with
				  R.S.
				  40:1749.18;
c. an operator who has underground utilities
				  or facilities in a majority of parishes in Louisiana and is organized to
				  protect its own installation from damage, and has been certified by the
				  Department of Public Safety and Corrections in accordance with this Part.
Underground Pipeline-
any pipeline as
					 defined by this Chapter which is buried, placed below ground or
					 submerged
Wildfire
-an uncontrolled combustion of
					 natural vegetation.