LAC 43:XI.5903. Definitions (Formerly §2703)

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 activity resulting from force majeure, related occurrences, including but not limited to an 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. Large Project Excavation or Demolition—excavation or demolition activity that cannot reasonably be completed within 20 days for routine demolition or excavation or within thirty calendar days for agricultural, forestry, or marine excavation or demolition activity. Marine Excavator—an excavator or demolisher who is performing excavation or demolition in areas such as swamps, wetlands, shallow water, waterways, rivers, bayous, bays, lakes, the sea, and arms of the sea. 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. Routine Excavation or Demolition—excavation or demolition activity that requires no more than 20 calendar days to be completed, and no more than thirty calendar days for agricultural, forestry, or marine excavation or demolition activity. Underground Pipeline—any pipeline as defined by this Chapter which is buried, placed below ground or submerged Wildfire—an uncontrolled combustion of natural vegetation.