093_HB2839eng

 
HB2839 Engrossed                     LRB093 08249 JLS 11712 b

 1        AN ACT concerning utilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Underground  Utility  Facilities
 5    Damage  Prevention  Act is amended by changing Sections 4, 7,
 6    and 10 as follows:

 7        (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
 8        Sec. 4.  Required activities.  Every person  who  engages
 9    in nonemergency excavation or demolition shall:
10        (a)  take  reasonable  action  to  inform  himself of the
11    location  of  any  underground  utility  facilities  or  CATS
12    facilities in and near the area for which such  operation  is
13    to be conducted;
14        (b)  plan  the  excavation  or  demolition  to  avoid  or
15    minimize  interference with underground utility facilities or
16    CATS facilities within the tolerance zone by  utilizing  such
17    precautions  that  include,  but  are  not  limited  to, hand
18    excavation,   vacuum   excavation   methods,   and   visually
19    inspecting the excavation while in progress  until  clear  of
20    the existing marked facility;
21        (c)  if  practical,  use  white  paint, flags, stakes, or
22    both, to outline the dig site;
23        (d)  provide notice not more than 14 days nor  less  than
24    48  hours  (exclusive of Saturdays, Sundays and holidays) but
25    no more than 14 calendar days in advance of the start of  the
26    excavation  or  demolition  to the owners or operators of the
27    underground utility facilities or CATS facilities in and near
28    the excavation or  demolition  area  through  the  State-Wide
29    One-Call  Notice  System  or,  in  the  case  of nonemergency
30    excavation  or  demolition  within  the   boundaries   of   a
31    municipality  of  at least one million persons which operates
 
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 1    its own one-call notice system, through the  one-call  notice
 2    system which operates in that municipality;
 3        (e)  provide,   during   and   following   excavation  or
 4    demolition, such support  for  existing  underground  utility
 5    facilities  or  CATS facilities in and near the excavation or
 6    demolition area  as  may  be  reasonably  necessary  for  the
 7    protection  of  such facilities unless otherwise agreed to by
 8    the owner or operator of the  underground  facility  or  CATS
 9    facility; and
10        (f)  backfill  all  excavations  in  such manner and with
11    such  materials  as  may  be  reasonably  necessary  for  the
12    protection of existing underground utility facilities or CATS
13    facilities in and near the  excavation  or  demolition  area;
14    and.
15        (g)  After  February  29,  2004,  when  the excavation or
16    demolition project will extend past 28 calendar days from the
17    date of the original notice provided under  clause  (d),  the
18    excavator  shall provide a subsequent notice to the owners or
19    operators of  the  underground  utility  facilities  or  CATS
20    facilities  in  and  near  the  excavation or demolition area
21    through the  State-Wide  One-Call  Notice  System,  informing
22    utility owners and operators that additional time to complete
23    the  excavation  or demolition project will be required.  The
24    notice will provide  the  excavator  with  an  additional  28
25    calendar days from the date of the subsequent notification to
26    continue or complete the excavation or demolition project.
27        At  a minimum, the notice required under clause (d) shall
28    provide:
29             (1)  the  person's  name,  address,  and  (i)  phone
30        number at which a person can  be  reached  and  (ii)  fax
31        number;
32             (2)  the  start  date  of  the planned excavation or
33        demolition;
34             (3)  the  address  at  which   the   excavation   or
 
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 1        demolition will take place;
 2             (4)  the type and extent of the work involved; and
 3             (5)  section/quarter   sections   when   the   above
 4        information does not allow the State-Wide One-Call Notice
 5        System    to   determine   the   appropriate   geographic
 6        section/quarter sections.  This item (5) does  not  apply
 7        to residential property owners.
 8        Nothing  in  this Section prohibits the use of any method
 9    of excavation if conducted  in  a  manner  that  would  avoid
10    interference  with  underground  utility  facilities  or CATS
11    facilities.
12    (Source: P.A. 92-179, eff. 7-1-02.)

13        (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
14        Sec. 7.  Damage or dislocation.   In  the  event  of  any
15    damage   to   or   dislocation  of  any  underground  utility
16    facilities  or  CATS  facilities  in  connection   with   any
17    excavation  or  demolition,  emergency  or  nonemergency, the
18    person  responsible  for   the   excavation   or   demolition
19    operations  shall immediately notify the affected utility and
20    the State-Wide One-Call Notice System.  Owners and  operators
21    of  underground  utility  facilities that are damaged and the
22    excavator  involved  shall  work   in   a   cooperative   and
23    expeditious manner to repair the affected utility.
24    (Source: P.A. 92-179, eff. 7-1-02.)

25        (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
26        Sec.  10.  Record of notice; marking of facilities.  Upon
27    notice by the person engaged in excavation or demolition, the
28    person owning or operating underground utility facilities  or
29    CATS  facilities in or near the excavation or demolition area
30    shall cause a written record to be made  of  the  notice  and
31    shall mark, within 48 hours (excluding Saturdays, Sundays and
32    holidays)  of receipt of notice, the approximate locations of
 
HB2839 Engrossed            -4-      LRB093 08249 JLS 11712 b
 1    such facilities so as to  enable  the  person  excavating  or
 2    demolishing  to  establish  the  location  of the underground
 3    utility facilities or CATS facilities.  Owners and  operators
 4    of  underground sewer facilities shall be required to respond
 5    and mark the approximate location of their  sewer  facilities
 6    when  the  excavator  indicates,  in  the  notice required in
 7    Section 4, that the excavation  or  demolition  project  will
 8    exceed  a depth of 7 feet.  "Depth", in this case, is defined
 9    as the distance measured vertically from the surface  of  the
10    ground  to  the  top  of  the  sewer  facility.   Owners  and
11    operators  of  underground sewer facilities shall be required
12    at all times to locate  the  approximate  location  of  their
13    sewer   facilities   when:  (1)  directional  boring  is  the
14    indicated type of excavation work being performed within  the
15    notice;  (2)  the  underground  sewer  facilities  owned  are
16    non-gravity,  pressurized  force mains; or (3) the excavation
17    indicated will occur in  the  immediate  proximity  of  known
18    underground  sewer facilities that are less than 7 feet deep.
19    Owners or operators of underground sewer facilities shall not
20    hold an excavator liable for  damages  that  occur  to  sewer
21    facilities  that  were  not  required to be marked under this
22    Section, provided that prompt notice of the damage is made to
23    the State-Wide One Call Notice System and the  utility  owner
24    as required in Section 7.
25        All persons subject to the requirements of this Act shall
26    plan  and  conduct  their  work  consistent  with  reasonable
27    business   practices.   Conditions   may   exist   making  it
28    unreasonable to request that locations be  marked  within  48
29    hours.  It is unreasonable to request owners and operators of
30    underground utility facilities and CATS facilities to  locate
31    all of their facilities in an affected area upon short notice
32    in  advance  of a large or extensive nonemergency project, or
33    to request  extensive  locates  in  excess  of  a  reasonable
34    excavation or demolition work schedule, or to request locates
 
HB2839 Engrossed            -5-      LRB093 08249 JLS 11712 b
 1    under  conditions where a repeat request is likely to be made
 2    because of the passage of time  or  adverse  job  conditions.
 3    Owners  and  operators  of underground utility facilities and
 4    CATS   facilities   must   reasonably   anticipate   seasonal
 5    fluctuations in the  number  of  locate  requests  and  staff
 6    accordingly.
 7        If  a  person  owning  or  operating  underground utility
 8    facilities or CATS facilities receives a  notice  under  this
 9    Section  but  does not own or operate any underground utility
10    facilities or CATS facilities within the proposed  excavation
11    or  demolition  area  described  in  the notice, that person,
12    within 48 hours (excluding Saturdays, Sundays, and  holidays)
13    after  receipt  of  the  notice,  shall  so notify the person
14    engaged in excavation or demolition who initiated the notice,
15    unless the person who initiated the notice  expressly  waives
16    the  right  to  be  notified  that  no facilities are located
17    within the excavation or demolition area.   The  notification
18    by the owner or operator of underground utility facilities or
19    CATS  facilities  to  the  person  engaged  in  excavation or
20    demolition  may  be  provided  in   any   reasonable   manner
21    including, but not limited to, notification in any one of the
22    following  ways:  by  face-to-face communication; by phone or
23    phone message; by facsimile; by posting in the excavation  or
24    demolition  area;  or by marking the excavation or demolition
25    area.  The  owner  or  operator  of  those   facilities   has
26    discharged  the  owner's  or operator's obligation to provide
27    notice under this Section if the owner or  operator  attempts
28    to provide notice by telephone or by facsimile, if the person
29    has  supplied  a  facsimile  number,  but  is unable to do so
30    because the person engaged in the  excavation  or  demolition
31    does  not  answer  his  or  her telephone or does not have an
32    answering  machine  or  answering  service  to  receive   the
33    telephone  call  or  does  not  have  a  facsimile machine in
34    operation to receive  the  facsimile  transmission.   If  the
 
HB2839 Engrossed            -6-      LRB093 08249 JLS 11712 b
 1    owner  or operator attempts to provide notice by telephone or
 2    by facsimile but receives a busy signal, that  attempt  shall
 3    not   serve  to  discharge  the  owner  or  operator  of  the
 4    obligation to provide notice under this Section.
 5        A  person  engaged  in  excavation  or   demolition   may
 6    expressly  waive  the right to notification from the owner or
 7    operator of underground utility facilities or CATS facilities
 8    that the owner or operator has no facilities located  in  the
 9    proposed  excavation or demolition area.  Waiver of notice is
10    only permissible in  the  case  of  regular  or  nonemergency
11    locate  requests.  The waiver must be made at the time of the
12    notice to the State-Wide One-Call Notice  System.   A  waiver
13    made  under this Section is not admissible as evidence in any
14    criminal or civil action that may arise out of, or is in  any
15    way  related  to,  the  excavation  or demolition that is the
16    subject of the waiver.
17        For  the  purposes  of  this  Act,  underground  facility
18    operators may utilize a combination  of  flags,  stakes,  and
19    paint  when  possible on non-paved surfaces and when dig site
20    and seasonal conditions warrant.  If the approximate location
21    of an underground utility facility or CATS facility is marked
22    with stakes or other  physical  means,  the  following  color
23    coding shall be employed:
24        Utility or Community Antenna       Identification Color
25        Television Systems and Type
26        of Product

27    Electric Power, Distribution and
28        Transmission...................... Safety Red
29    Municipal Electric Systems............ Safety Red
30    Gas Distribution and Transmission..... High Visibility
31                                           Safety Yellow
32    Oil Distribution and Transmission..... High Visibility
33                                           Safety Yellow
34    Telephone and Telegraph Systems....... Safety Alert Orange
 
HB2839 Engrossed            -7-      LRB093 08249 JLS 11712 b
 1    Community Antenna Television Systems.. Safety Alert Orange
 2    Water Systems......................... Safety
 3                                           Precaution Blue
 4    Sewer Systems......................... Safety Green
 5    Non-potable Water and Slurry Lines.... Safety Purple
 6    Temporary Survey...................... Safety Pink
 7    Proposed Excavation................... Safety White (Black
 8                                           when snow is
 9                                           on the ground)
10    (Source: P.A. 92-179, eff. 7-1-02.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.