IN.gov - Skip Navigation

Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.

Indiana Utility Regulatory Commission

IURC > Pipeline Safety Division > Excavation Damages FAQ 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 here:

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 form 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 pipelinedamagecase@urc.in.gov with your request.

Can I send other 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 pipelinedamagecase@urc.in.gov, 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 initial response?

Yes, please send your time extension request to pipelinedamagecase@urc.in.gov. 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 (IURC) pipeline safety division has received both responses or after thirty days of the initial notice being 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 long time ago, why am I just now receiving a letter?

The IURC has sixty (60) days from the date in 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, 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.

What happens after my case has been investigated?

Once your case has been investigated and a summary report has been completed your case will be sent to the Underground Plant Protection Advisory Committee (UPPAC) for review and a recommendation to 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 denote case number and “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.

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.

Should I attend the UPPAC meeting when my case is being reviewed?

You may attend the UPPAC meeting, but please be aware that you will not have the opportunity to speak or present any information.

When are the UPPAC meetings?

The UPPAC meetings are typically held on the last Tuesday of each month and are located at the Indiana 811 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). Thirty (30) 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. Following 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 only received an initial notice letter, it has not yet been concluded as to which violation your 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

Description

IC 8-1-26-15(d)  Failure to maintain Association membership after December 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(f)  Operator failed to locate or provided incorrect locate markings.
IC 8-1-26-18(h)  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 two (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.
IC 8-1-26-20(a)(3)(b)

 Failure to notify IN811 when locate markings have become illegible.

What are the possible recommendations?

The following are all possibilities of recommendations from the UPPAC (please note that if multiple violations occurred there can be multiple recommendations):

• No Violation
• Dismissed
• Warning Letter
• Written Plan
• Training Level 1
• Training Level 2
• Civil Penalty

My recommendation was training, who do I contact to set up training?

All training is through Baker-Peterson LLC, you may contact Steve Baker at (317) 407-3295 or sbaker@baker-peterson.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 thirty (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 Mike Orr at morr@urc.in.gov or 317-233-4884 with additional questions.