(A) Excavators shall comply with I.C. § 8-1-26, et seq.
(B) Excavators shall contact known underground utilities in advance of excavations so that both excavator and the utility operator know in advance of the location of the excavation to ensure adequate location resources are made available.
(C) All underground utility locates must be examined and crossings confirmed (pursuant to I.C. 8-1-26), via hand digging or hydro vacuum excavation. Excavators shall expose underground utility facilities with hand digging, vacuum excavation, or similar means, depending on the best conditions for the site. Hydrovacuum is strongly advised and preferred for gas, water and sewer facilities.
(D) If an excavator has three hits to an underground utility line in one month period or two underground utility line hits in one week, the city may, in its sole discretion, require the excavator to utilize hydro vacuum excavation for gas, water and sewer utilities for any right-of-way permit that excavator has in place or for which excavator subsequently applies within the city.
(E) If an underground facility hit occurs, excavator will ensure that 911, 811, the underground utility and the City Engineering Department are notified.
(F) If excavator is found at fault by the Indiana Underground Plant Protection Advisory Committee or other state or federal administrative body for an underground utility line hit, the excavator shall be responsible for reimbursement of costs incurred by city due to the hit, including but not limited to inspection fees and emergency response personnel costs.
(G) In the event that excavator has three hits to underground utility lines in a one month period or two underground utility line hits in one week, the city may, in its discretion, impose a temporary or permanent stop work order against the excavator and impose a $250 fine. This provision does not prevent City from seeking other available remedies.
(H) In the event the city has exercised its powers under division (G) by issuing a temporary or permanent stop work on more than one excavator performing work for the same communications service provider, broadband provider, public utility or private utility within a 30 day period, the city may additionally, in its discretion, impose a temporary or permanent stop work order against the communications service provider, broadband provider, public utility or private utility directing the excavation work to be performed. This provision does not prevent city from seeking other available remedies.
(Ord. 052118D, passed 6-18-18; Am. Ord. 091619, passed 9-16-19)