LAC 43:XI.6101. Excavation and Demolition; Prohibitions (Formerly §2705)

A. Except as provided in this Section, no person shall excavate or demolish in any street, highway, public place, or servitude of any operator, or near the location of an underground pipeline, or on the premises of a customer served by an underground pipeline without having first ascertained, in the manner prescribed in Subsection B of this Section, the specific location as provided in §6301 of all underground pipelines in the area which would be affected by the proposed excavation or demolition. The marking of an operator's facility or utility shall be provided for excavation or demolition purposes only. B. Except as provided in §6103, prior to any excavation or demolition, each excavator or demolisher shall serve telephonic or electronic notice of the intent to excavate or demolish to the regional notification center or centers serving the area in which the proposed excavation or demolition is to take place and shall include the specific location where the excavation or demolition is to be performed. Such notice shall be given to the notification center at least 48 hours, but not more than 120 hours, excluding weekends and holidays, in advance of the commencement of any excavation or demolition activity. If an excavation or demolition does not commence within 120 hours of the mark-by time, not counting weekends and holidays, the excavator or demolisher shall be found in violation of this Section, except in the case of mutual agreement with the pipeline owner or operator to extend the time or extraordinary circumstances. Extraordinary circumstances are circumstances which make it impractical or impossible for the excavator or demolisher to comply with the provisions of this Part due to weather-related events, equipment malfunction or failure, or unavailability of vital supplies and equipment. Holidays shall consist of the following: New Year's Day; Martin Luther King, Jr. Day; Good Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Eve; and Christmas Day. 1. This notice shall contain the name, address, and telephone number of the person filing the notice of intent, and, if different, the person responsible for the excavation or demolition, the starting date, anticipated duration, and description of the specific type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition and a statement as to whether directional boring or explosives are to be used. The notice shall be confined to the actual area of proposed excavation or demolition that will occur during the 20 day time period under 6301. 2. The excavator or demolisher shall provide the specific location for excavation or demolition with either telephonic or electronic notice. Telephonic notice shall require the excavator or demolisher to or physically mark the proposed route or area of excavation or demolition using white paint, flags, stakes, or similar means under American Public Works Association guidelines prior to submitting notice. 3. The excavator or demolisher shall wait at least 48 hours, beginning at 7 a.m. on the next working day, following notification, unless mutually agreed upon and documented by the excavator and operator to extend such time, before commencing any excavation or demolition activity, except in the case of an emergency as defined in the provisions of this Chapter or if informed by the regional notification center that no operators are to be notified. 4. Concerning pipelines located on or in water, when an extension of time to mark a pipeline cannot be agreed upon and the operator has determined said pipeline(s) cannot be adequately marked by the mark by time listed on the Regional Notification Center ticket, the operator may appeal to the commissioner for an extension to the mark by time. Said request shall be made via e-mail to PipelineInspectors@la.gov and the contact e-mail listed on the regional notification center ticket shall be copied on the request. The request shall contain the ticket no., location of the pipe and a summary explaining why the line cannot be located by the mark by time. The request shall be made on a form as provided by the commissioner. 5. At least one person on any underground or submerged excavation or demolition site shall have proof of completion of the training and education provided by the Regional Notification Center. Training is required on an annual basis through the Regional Notification Center. Excavators or demolishers certified by an operator qualification program subject to Title 49, CFR Part 192 or Part 195 shall be exempt from this requirement. C. This Chapter shall not apply to activities by operators or landowners excavating their own underground pipelines on their own property or operators' exclusive right-of-way provided there is no encroachment on the rights-of-way of any operator and the operator controls access to the location. D. For purposes of this Section, any physical markings or electronic drawings identifying a specific location as provided for in Subsection B of this Section shall not exceed the actual area of excavation or demolition. E. The purpose of this Subsection is to allow for voluntary agreements in writing between operators and excavators/demolishers in conflict to determine the mark-by time, as well as the duration of excavation and demolition projects that cannot be reasonably completed within the time frame required for routine excavation or demolition. 1. Unless hereinafter specifically excepted, all other provisions of this Subsection shall apply to large project excavations or demolitions. 2. Upon an excavator or demolisher contacting the regional notification center to provide notice of excavation or demolition, the excavator or demolisher may request that the excavation or demolition be recognized as a large project excavation or demolition. At which time, the regional notification center shall notify all affected underground utility and facility operators that a large project excavation or demolition request has been submitted. 3. A large project excavation or demolition request shall only be submitted electronically to the regional notification center at least ten business days prior to the commencement of the excavation or demolition. 4. The submission of a large project excavation or demolition request shall also include the names and contact information of any and all subcontractors of the excavator or demolisher who will be working on the project. 5. Upon receipt of the large project excavation or demolition notification request, operators of underground utilities or facilities and the requesting excavator or demolisher may attempt to reach a mutual agreement in writing to determine the scope of work, the mark-by times, and any other details of the project that the operator and excavator or demolisher mutually agree need to be included in the written agreement such as the marking schedule and additional parties to be included in the notification request. In no event shall an agreement be entered into pursuant to this Subsection for a duration of more than ninety calendar days. 6. If mutual agreement between all parties in conflict in an area cannot be reached within thirty calendar days from the date submitted to the Regional Notification Center, the large project excavation or demolition notification request shall be deemed null and void, and the requesting excavator or demolisher shall cancel the large project excavation or demolition notice and request a routine excavation or demolition notice in accordance with this Section.