Excavation Damages FAQ
Why did I receive a letter from the Indiana Utility Regulatory Commission (IURC)?
If you received a letter from the IURC pertaining to excavation damages, we have received notice that you have damaged an underground facility during excavation. You may review the laws regarding damages to underground facilities here:
What are my responsibilities as an excavator?
To know your responsibilities as an excavator, please review the Excavator Handbook.
Where is the form that needs to be filled out?
The form can be accessed here: Online form
How can I submit the Information Request Form?
The information can be submitted directly on the form by clicking the Submit button at the bottom of the form. If you would like a copy for your records, print the completed form before clicking the Submit button. Or mail the form to Indiana Utility Regulatory Commission, Pipeline Safety Division - Case Number, 101 West Washington Street, 1500E, Indianapolis, IN 46204 or fax the form to (317) 233-2410.
How will I know my form has been received?
If you clicked the Submit button at the end of the online form, it has been emailed directly to us. If you would like confirmation of your submission or forgot to print a copy and would like one sent to you, email firstname.lastname@example.org with your request.
Can I send supporting documentation other than the Damage Information Request Form?
Yes, please fill out the form even if you plan to submit additional supporting documentation. You may submit any photos or documents that you have regarding your case to email@example.com. Please be sure to denote your case number on any additional supporting documents as well as in the subject line of your email.
Can I request a time extension for submitting an initial response?
Yes, please send your time extension request to firstname.lastname@example.org. Please include your case number and specify the amount of time you are requesting.
What happens after I submit the form?
After the Indiana Utility Regulatory Commission’s Pipeline Safety Division has received both responses or 30 days after the initial notice was sent, whichever comes first, the division will investigate the case, taking into consideration the responses, and write a summary report based on the findings.
The damage occurred a while ago, so why am I just now receiving a letter?
The IURC has 60 days from the date on which we are made aware of the damage to send the initial notice letter. In most cases we are made aware of damages within weeks of the occurrence, but sometimes it can take much longer.
I already paid the utility company for the damage, so why am I being contacted again?
The IURC is not a utility company, but rather a fact-finding body who will investigate the damage case to determine whether a violation of IC 8-1-26 occurred.
Why did I get a no violation letter?
A no violation letter will be sent to you if the IURC’s Pipeline Safety Division or the UPPAC finds that you did not violate IC 8-1-26. Upon receiving a no violation letter, you are relieved from this case and the case is closed.
What happens after my case has been investigated?
Once your case has been investigated and a summary report has been completed (assuming a violation was found), your case will be sent to the Underground Plant Protection Advisory Committee (UPPAC) for review and a penalty recommendation will be made to the IURC. Prior to your case being reviewed by the UPPAC, you will receive a letter in the mail notifying you of the date and time and allowing you to submit additional information if you would like. When submitting additional information, please note the case number and put “ADDITIONAL DOCUMENTS - EXCAVATOR” at the top of your materials or in the subject heading of your email. Any additional information submitted will be considered by the committee upon review of your case.
Should I attend the UPPAC meeting when my case is being reviewed?
The UPPAC meeting is open to the public and therefore you may attend. The UPPAC will only review written documentation submitted in the case; however, the committee routinely permits input and questions during the meeting.
When are the UPPAC meetings?
The UPPAC meetings are typically held on the last Tuesday of each month and are held at Indiana 811's facilities. To view scheduled UPPAC meetings, follow this link: http://www.in.gov/iurc/2640.htm
How will I know what the UPPAC has recommended to the IURC on my case?
Following the UPPAC meeting you will receive a letter in the mail notifying you of the recommendation(s). About 60 days after your case has been reviewed by the UPPAC, it will go to conference and will be finalized and approved/disapproved by the IURC. After the IURC’s decision on your case, you will receive a letter in the mail notifying you of the final ruling.
What are the possible violations?
Please note that if you have received only an initial notice letter, it has not yet been concluded as to which violation you have committed or whether you committed one. If you have received notice that your case is being sent to the UPPAC, the violation should be listed at the bottom of the Summary Report. Here is a list of possible violations:
Code Reference Description
|IC 8-1-26-15(d)||Failure to maintain association membership after Dec. 31, 2009.|
|IC 8-1-26-16(g)||Failure to provide notice of excavation.|
|IC 8-1-26-16(g)(expire)||Failure to provide notice of excavation - expired ticket.|
|IC 8-1-26-16(g)(other)||Failure to provide notice of excavation - other.|
|IC 8-1-26-16(g)(out)||Failure to provide notice of excavation - damage occurred outside requested locate area.|
|IC 8-1-26-16(g)(prior)||Failure to provide notice of excavation - damage occurred prior to two working days from request date.|
|IC 8-1-26-16(h)||Failure to perform required white lining.|
|IC 8-1-26-18(h) [Changed from IC 8-1-26-18(f) on 7/1/17]||Operator failed to locate or provided incorrect locate markings.|
|IC 8-1-26-18(j) [Changed from IC 8-1-26-18(h) on 7/1/17]||Knowingly moves, removes, damages, or otherwise alters a facility marking.|
|IC 8-1-26-19||Knowingly provides false notice of an excavation.|
|IC 8-1-26-20(a)(1)||Failure to plan excavation to avoid damage or interference with underground facilities.|
|IC 8-1-26-20(a)(2)||Failure to maintain 2 feet clearance with mechanized equipment.|
|IC 8-1-26-20(a)(3)(a)||Failure to notify IN811 when there is evidence of an unmarked pipeline facility in the area of the excavation.|
Failure to notify IN811 when locate markings have become illegible.
What are the possible penalty recommendations?
The following are all possibilities of recommendations from the UPPAC (please note that if multiple violations occurred, there can be multiple recommendations):
* No Penalty
* Warning Letter
* Corrective Action Plan
* Civil Penalty
It is also possible that after discussion with the UPPAC, the Pipeline Safety Division may change its findings to no violation or recall the case to review additional information.
My recommendation was training. Who do I contact to set up training?
All mandatory training is conducted through Baker-Peterson LLC. You may contact Baker-Peterson's Steve Baker at (317) 407-3295 or email@example.com to set up and discuss training.
Can I appeal my case recommendation?
After your case has gone to the UPPAC for review and you receive a letter notifying you of their recommendation, you have 30 days to file an appeal with the IURC, at which time your case will become a full docketed proceeding before the IURC.
I have further questions. Who can I call?
Please contact Aaron Holeman at AHoleman@urc.in.gov or (317) 232-2773 with additional questions.