La. Admin. Code tit. 43 § XI-2709

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-2709 - Emergency Excavation; Notice Required; Penalty

A. The notice required pursuant to §2705 shall not apply to any person conducting an emergency excavation. Oral notice of the emergency excavation shall be given as soon as practicable to the regional notification center or each operator having underground pipelines located in the area and, if necessary, emergency assistance shall be requested from each operator in locating and providing immediate protection to its underground pipelines.

B. The excavator shall orally certify in the notice required in Subsection A of this Section that the situation poses an imminent threat or danger to life, health, or property and requires immediate action and that the excavator has a crew on site.

C. There is a rebuttable presumption that the excavator failed to give notice as required pursuant to this Section if the excavator failed to give any notice to the regional notification center within the following time periods:

1. within four hours of the beginning of the emergency excavation;

2. in the case of a gubernatorially declared state of emergency due to a tropical storm or hurricane event, within 12 hours of the beginning of the emergency excavation within the parishes to which the emergency declaration applies;

3. in the case of a wildfire, within 24 hours after control of the emergency.

La. Admin. Code tit. 43, § XI-2709

Promulgated by the Department of Natural Resources, Office of Conservation, LR 46956 (7/1/2020).

AUTHORITY NOTE: Promulgated in accordance with 40:1749.27.