[Company Logo]
[Company Name]
[Mailing Address]
[Phone Number/Fax Number]
CERTIFIED MAIL WITH RETURN RECEIPT
[Internal Tracking Number]
[Date]
[Company Name]
[Attn: Name]
[Address]
Re: Failure to use State One-Call Notification Center Prior to Excavation
Dear [Name],
This letter is to inform you that we have learned you were engaged in excavation activity in the vicinity of a underground utility facility owned and/or operated by [Company Name], at [Location of Damage]. Industry and government regulators, at both the state and federal level, have recognized that third party excavating activity is a leading cause of damage to underground utility facilities. In most states, the use of Call Before You Dig Call Centers has drastically reduced excavation-related damage. The Call Before You Dig system was created to promote public safety, avoid costly damage to underground facilities, and reduce cost and wasted time. The Call Before You Dig Center in Indiana is known as Indiana 811.
As set forth in the Indiana Damage of Underground Facilities Prevention Act (IC 8-1-26), notice of excavation must be given at least Two Full Working Days prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays. Failure to identify buried utilities at the excavation site can be quite costly in terms of unnecessary risk for the excavator, their employees, innocent bystanders, personal property of others and the environment.
Depending of the severity of the damage, a Governor appointed Advisory Panel, can recommend to the Indiana Utility Regulatory Commission that you be issued either of the following: a warning letter; participation in education or training programs developed and implemented by the commission; or a substantial fine. Offenders who fail to contact Indiana 811 and subsequently cause damage to natural gas and hazardous liquid pipelines may be subject to a civil penalty of up to $10,000 per violation and are liable for repair of damage to the facility that results from a violation.
According to our records, this incident is the [Number] occurrence of your non-compliance with the Indiana Call Before You Dig law involving our facilities. Given your willful disregard for the Call Before You Dig notification requirement, we have taken steps to notify Indiana 811 of your actions. In doing so, we are requesting that the Governor appointed Advisory Panel impose enforcement consistent with the Indiana Call Before You Dig law. Repeated failures to notify Indiana 811 may result in [Company Name] seeking an injunction barring you from future excavating activity around our facilities.
I encourage you to visit the Indiana 811 website for further information related to the prevention of damage to underground facilities at www.indiana811.org. The phone number for contacting Indiana 811 is listed at the end of this letter.
If you have any questions about any aspect of this letter, please contact [Name] at [Phone Number]. To call the Call Before You Dig number in Indiana, simply dial 811 or 800-382-5544.
Sincerely,
Name
Title
cc: Dan Meiners, Executive Director of Indiana 811