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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Underground Utility Facilities | ||||||
5 | Damage Prevention Act is amended by changing Sections 2.1, 2.2, | ||||||
6 | 2.6, 4, 6, 7, 10, and 11 and by adding Sections 2.1.2, 2.1.3, | ||||||
7 | 2.1.4, 2.1.5, 2.1.6, 2.1.7, 2.1.8, 2.1.9, 4.1, 4.2, 4.3, 4.4, | ||||||
8 | 4.5, and 4.6 as follows:
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9 | (220 ILCS 50/2.1) (from Ch. 111 2/3, par. 1602.1)
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10 | Sec. 2.1. "Person" means an individual, firm, joint | ||||||
11 | venture,
partnership, corporation, association, municipality | ||||||
12 | or other governmental
unit, department or agency, utility | ||||||
13 | cooperative, or joint stock
association, and includes any | ||||||
14 | trustee, receiver, or assignee or employee or agent or personal
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15 | representative thereof.
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16 | (Source: P.A. 86-674.)
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17 | (220 ILCS 50/2.1.2 new)
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18 | Sec. 2.1.2. Joint meet. "Joint meet" means (i) a meeting | ||||||
19 | scheduled through the State-Wide One-Call Notice System for | ||||||
20 | excavators, owners, or operators of underground utility | ||||||
21 | facilities, utility facility locators, or other necessary | ||||||
22 | parties to discuss a large or complicated excavation or as an |
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1 | opportunity to exchange information, such as maps, plans, or | ||||||
2 | schedules and (ii) a request processed through the State-Wide | ||||||
3 | One-Call Notice System to have facility owners or operators | ||||||
4 | pick up maps, plans, or schedules. | ||||||
5 | (220 ILCS 50/2.1.3 new)
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6 | Sec. 2.1.3. No show request. "No show request" means a | ||||||
7 | notice initiated by an excavator through the State-Wide | ||||||
8 | One-Call Notice System to the owners or operators of | ||||||
9 | underground utility facilities notified in the prior locate | ||||||
10 | request that either failed to mark their facilities or to | ||||||
11 | communicate their non-involvement with the excavation prior to | ||||||
12 | the requested dig start date and time. | ||||||
13 | (220 ILCS 50/2.1.4 new)
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14 | Sec. 2.1.4. Incomplete request. "Incomplete request" | ||||||
15 | means a notice initiated by an excavator through the State-Wide | ||||||
16 | One-Call Notice System to the owners or operators of | ||||||
17 | underground utility facilities notified in a prior locate | ||||||
18 | request that such facility owners or operators, as identified | ||||||
19 | by the person excavating, did not completely mark the entire | ||||||
20 | extent or the entire segment of the proposed excavation, as | ||||||
21 | identified by the excavator in the prior notice. | ||||||
22 | (220 ILCS 50/2.1.5 new)
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23 | Sec. 2.1.5. Re-mark request. "Re-mark request" means a |
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1 | notice initiated by an excavator through the State-Wide | ||||||
2 | One-Call Notice System to the owners or operators of | ||||||
3 | underground utility facilities notified in the initial locate | ||||||
4 | request requesting facility owners or operators to re-mark all | ||||||
5 | or part of the work area identified in the initial locate | ||||||
6 | request, because facility markings are becoming or have become | ||||||
7 | indistinguishable due to factors, including, but not limited | ||||||
8 | to, weather, fading, construction activity, or vandalism. | ||||||
9 | (220 ILCS 50/2.1.6 new)
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10 | Sec. 2.1.6. Residential property owner. "Residential | ||||||
11 | property owner" means any individual or entity that owns or | ||||||
12 | leases real property, which property is zoned residential and | ||||||
13 | used by such individual or entity as its residence or dwelling. | ||||||
14 | Residential property owner does not include any persons who own | ||||||
15 | or lease residential property for the purpose of holding or | ||||||
16 | developing such property or for any other business or | ||||||
17 | commercial purposes. | ||||||
18 | (220 ILCS 50/2.1.7 new)
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19 | Sec. 2.1.7. Designer. "Designer" means any person involved | ||||||
20 | in the preparation of plans for a construction or improvement | ||||||
21 | project that may require excavation or demolition and who has | ||||||
22 | been registered to utilize the design stage request process | ||||||
23 | through the State-Wide One-Call Notice System. |
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1 | (220 ILCS 50/2.1.8 new)
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2 | Sec. 2.1.8. Design stage request. "Design stage request" | ||||||
3 | means a request for the approximate location of underground | ||||||
4 | utility facilities by a designer who is in the design stage of | ||||||
5 | a project and excavation is not intended in the immediate | ||||||
6 | future. | ||||||
7 | (220 ILCS 50/2.1.9 new)
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8 | Sec. 2.1.9. JULIE Excavator Manual. "JULIE Excavator | ||||||
9 | Manual" means the handbook periodically updated and published | ||||||
10 | by the State-Wide One-Call Notice System that provides | ||||||
11 | information for excavators and facility owners and operators on | ||||||
12 | the use and services of the State-Wide One-Call Notice System.
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13 | (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
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14 | Sec. 2.2. Underground utility facilities. | ||||||
15 | (a) "Underground utility facilities" or "facilities" means | ||||||
16 | and includes wires, ducts, fiber optic cable, conduits, pipes, | ||||||
17 | sewers, and cables and their connected appurtenances installed | ||||||
18 | beneath the surface of the ground by: | ||||||
19 | (1) a public utility as defined in the Public Utilities | ||||||
20 | Act; | ||||||
21 | (2) a municipally owned or mutually owned utility | ||||||
22 | providing a similar utility service; | ||||||
23 | (3) a pipeline entity transporting gases, crude oil, | ||||||
24 | petroleum products, or other hydrocarbon materials within |
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1 | the State; | ||||||
2 | (4) a telecommunications carrier as defined in the | ||||||
3 | Universal Telephone Service Protection Law of 1985, or by a | ||||||
4 | company described in Section 1 of the Telephone Company | ||||||
5 | Act; | ||||||
6 | (5) a community antenna television system, as defined | ||||||
7 | in the Illinois Municipal Code; and | ||||||
8 | (6) any other entity owning or operating underground | ||||||
9 | facilities that transport generated electrical power to | ||||||
10 | other utility owners or operators. | ||||||
11 | (b) "Underground utility facilities" or "facilities" does | ||||||
12 | not mean underground utility facilities operated by an electric | ||||||
13 | cooperative as defined in the Public Utilities Act. | ||||||
14 | "Underground utility
facilities" or "facilities" means and
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15 | includes wires, ducts, fiber optic cable, conduits, pipes, | ||||||
16 | sewers, and
cables and
their connected appurtenances installed | ||||||
17 | beneath the surface of the ground
by a public utility (as is | ||||||
18 | defined in the Illinois Public Utilities Act, as
amended), or | ||||||
19 | by a municipally owned or mutually owned utility providing a
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20 | similar utility service, except an electric cooperative as | ||||||
21 | defined in the
Illinois Public Utilities Act, as amended, or by | ||||||
22 | a pipeline entity
transporting gases, crude oil, petroleum | ||||||
23 | products, or other hydrocarbon
materials within the State, or | ||||||
24 | by a telecommunications carrier as defined in
the Universal | ||||||
25 | Telephone Service Protection Law of 1985, or by a company
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26 | described in Section 1 of "An Act relating to the powers, |
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1 | duties and
property of telephone companies", approved May 16, | ||||||
2 | 1903, as amended, or by
a community antenna television system, | ||||||
3 | hereinafter referred to as "CATS",
as defined in the Illinois | ||||||
4 | Municipal Code, as amended.
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5 | (Source: P.A. 94-623, eff. 8-18-05.)
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6 | (220 ILCS 50/2.6)
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7 | Sec. 2.6. Emergency locate request. "Emergency locate | ||||||
8 | request" means a
locate request for any
condition constituting | ||||||
9 | an imminent danger to life, health, or property,
or a utility | ||||||
10 | service outage, and which requires immediate repair or action | ||||||
11 | before the expiration of 48 hours .
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12 | (Source: P.A. 92-179, eff. 7-1-02.)
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13 | (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
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14 | Sec. 4. Required activities. Every person who engages in | ||||||
15 | nonemergency
excavation or
demolition shall:
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16 | (a) take reasonable action to inform himself of the
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17 | location of any underground utility facilities or CATS | ||||||
18 | facilities in and
near the area for which such operation is | ||||||
19 | to be conducted;
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20 | (b) plan the excavation or demolition to avoid or | ||||||
21 | minimize interference with
underground utility facilities | ||||||
22 | or CATS facilities within the tolerance zone
by utilizing | ||||||
23 | such precautions that include, but are not limited to, hand
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24 | excavation, vacuum excavation methods, and visually |
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1 | inspecting the excavation
while in progress until clear of | ||||||
2 | the existing marked facility;
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3 | (c) if practical, use white paint, flags, stakes, or | ||||||
4 | both, to outline the
dig site;
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5 | (d) provide notice not less than 48 hours
but no more | ||||||
6 | than 14 calendar days in
advance of the start of the
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7 | excavation or demolition to the owners or operators of the | ||||||
8 | underground
utility facilities or CATS facilities in and | ||||||
9 | near the excavation or
demolition area through the | ||||||
10 | State-Wide One-Call Notice System or, in the
case of | ||||||
11 | nonemergency excavation or demolition within the | ||||||
12 | boundaries of a
municipality of at least one million | ||||||
13 | persons which operates its own
one-call notice system, | ||||||
14 | through the one-call notice system which operates
in that | ||||||
15 | municipality . | ||||||
16 | At a minimum, the notice required under this subsection | ||||||
17 | (d) shall provide: | ||||||
18 | (1) the person's name, address, phone number at | ||||||
19 | which a person can be reached, and fax number, if | ||||||
20 | available; | ||||||
21 | (2) the start date and time of the planned | ||||||
22 | excavation or demolition; | ||||||
23 | (3) all counties, cities, or townships, or any | ||||||
24 | combination thereof, where the proposed excavation | ||||||
25 | shall take place; | ||||||
26 | (4) the address at which the excavation or |
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1 | demolition shall take place; | ||||||
2 | (5) the type and extent of the work involved; and | ||||||
3 | (6) the section or quarter sections when the | ||||||
4 | information in items (1) through (5) of this subsection | ||||||
5 | (d) does not allow the State-Wide One-Call Notice | ||||||
6 | System to determine the appropriate excavation or | ||||||
7 | demolition site. This item (6) does not apply to | ||||||
8 | residential property owners ;
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9 | (e) provide, during and following excavation or | ||||||
10 | demolition,
such support for
existing underground utility | ||||||
11 | facilities or CATS facilities in and near the
excavation or | ||||||
12 | demolition area as may be reasonably necessary for the | ||||||
13 | protection
of such facilities unless otherwise agreed to by | ||||||
14 | the owner or operator of the
underground facility or CATS | ||||||
15 | facility ;
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16 | (f) backfill all excavations in such manner and with | ||||||
17 | such
materials as may
be reasonably necessary for the | ||||||
18 | protection of existing underground utility
facilities or | ||||||
19 | CATS facilities in and near the excavation or demolition | ||||||
20 | area;
and
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21 | (g) after After February 29, 2004, when the excavation | ||||||
22 | or demolition project
will extend past 28 calendar days | ||||||
23 | from the date of the original notice provided
under clause | ||||||
24 | (d), the excavator shall provide a subsequent notice to the | ||||||
25 | owners
or operators of the underground utility facilities | ||||||
26 | or CATS facilities in and
near the excavation or demolition |
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1 | area through the State-Wide One-Call Notice
System
or, in | ||||||
2 | the case of excavation or demolition within the boundaries | ||||||
3 | of a
municipality having a population of at least 1,000,000 | ||||||
4 | inhabitants that
operates its own one-call
notice system, | ||||||
5 | through the one-call notice system that operates in that
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6 | municipality
informing utility owners and operators that | ||||||
7 | additional time to complete
the excavation or demolition | ||||||
8 | project will be required. The notice will provide
the | ||||||
9 | excavator with an additional 28 calendar days from the date | ||||||
10 | of the
subsequent notification to continue or complete the | ||||||
11 | excavation or demolition
project ; .
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12 | (h) exercise due care at all times to protect | ||||||
13 | underground utility facilities. If, after proper | ||||||
14 | notification through the State-Wide One-Call Notice System | ||||||
15 | and upon arrival at the site of the proposed excavation, | ||||||
16 | the excavator observes clear evidence of the presence of an | ||||||
17 | unmarked or incompletely marked utility in the area of the | ||||||
18 | proposed excavation, the excavator shall not begin | ||||||
19 | excavating until all affected facilities have been marked | ||||||
20 | or 2 hours after an additional call is made to the | ||||||
21 | State-Wide One-Call Notice System for the area. The owner | ||||||
22 | or operator of the utility shall respond within 2 hours of | ||||||
23 | the excavator's call to the State-Wide One-Call Notice | ||||||
24 | System; and | ||||||
25 | (i) when factors, including, but not limited to, | ||||||
26 | weather, construction activity, or vandalism, at the |
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1 | excavation site have caused the utility markings to become | ||||||
2 | faded or indistinguishable, the excavator shall provide an | ||||||
3 | additional notice through the State-Wide One-Call Notice | ||||||
4 | System requesting that only the affected areas where | ||||||
5 | excavation or demolition is to continue be re-marked. | ||||||
6 | Facility owners or operators must respond to the notice to | ||||||
7 | re-mark according to the requirements of Section 10 of this | ||||||
8 | Act. | ||||||
9 | At a minimum, the notice required under clause (d) shall | ||||||
10 | provide:
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11 | (1) the person's name, address, and (i) phone number at | ||||||
12 | which a person
can be reached and (ii) fax number, if | ||||||
13 | available;
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14 | (2) the start date of the planned excavation or | ||||||
15 | demolition;
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16 | (3) the address at which the excavation or demolition | ||||||
17 | will take place;
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18 | (4) the type and extent of the work involved; and
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19 | (5) section/quarter sections when the above | ||||||
20 | information does not
allow the State-Wide One-Call Notice | ||||||
21 | System to determine the appropriate
geographic | ||||||
22 | section/quarter sections. This item (5) does not apply to
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23 | residential property owners.
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24 | Nothing in this Section prohibits the use of any method of | ||||||
25 | excavation if
conducted in a manner that would avoid | ||||||
26 | interference with
underground utility facilities or CATS |
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1 | facilities .
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2 | (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
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3 | (220 ILCS 50/4.1 new) | ||||||
4 | Sec. 4.1. Use of joint meet. | ||||||
5 | (a) If a person engaged in excavation elects to use a joint | ||||||
6 | meet, the joint meet requires a minimum of 48 hours' advance | ||||||
7 | notice. After a joint meet, the owners or operators of | ||||||
8 | underground utility facilities must respond within 48 hours or | ||||||
9 | by the date and time agreed to in writing at the joint meet, | ||||||
10 | whichever is later. | ||||||
11 | At a minimum, the information required to be given to the | ||||||
12 | State-Wide One-Call Notice System at the time the joint meet is | ||||||
13 | requested shall include the following: | ||||||
14 | (1) the requester's name, address, phone number at | ||||||
15 | which a person can be reached, and fax number, if | ||||||
16 | available; | ||||||
17 | (2) the start date and time of the joint meet; | ||||||
18 | (3) the address at which the joint meet will take | ||||||
19 | place; | ||||||
20 | (4) the type of work involved; | ||||||
21 | (5) all counties, cities, or townships where the | ||||||
22 | proposed excavation shall take place; and | ||||||
23 | (6) the street names involved in the project; or the | ||||||
24 | north, south, east, and west boundaries of the project; or | ||||||
25 | the section or quarter sections, or both, of the project. |
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1 | (b) Persons using the joint meet process are encouraged to | ||||||
2 | refer to the JULIE Excavator Manual for additional information | ||||||
3 | on the use of a joint meet request. | ||||||
4 | (220 ILCS 50/4.2 new) | ||||||
5 | Sec. 4.2. Design stage request. | ||||||
6 | (a) Beginning on January 1, 2009, persons desiring to | ||||||
7 | utilize the design stage request process are required to | ||||||
8 | complete and submit the "Design Stage Registration Form & | ||||||
9 | Confidentiality Agreement" through the State-Wide One-Call | ||||||
10 | Notice System prior to initiating a design stage request. | ||||||
11 | (b) In connection with any design stage request, designers | ||||||
12 | shall comply with the following: | ||||||
13 | (1) Follow the guidelines set forth in CJIASCE 3 8-02, | ||||||
14 | also known as the "Standard Guidelines for the Collection | ||||||
15 | and Depiction of Existing Subsurface Utility Data". | ||||||
16 | (2) Make a reasonable effort to prepare the | ||||||
17 | construction drawings to minimize interference with | ||||||
18 | existing and proposed underground utility facilities in | ||||||
19 | the construction area. | ||||||
20 | (3) Provide the following information to the | ||||||
21 | State-Wide One-Call Notice System at the time of the design | ||||||
22 | stage request: | ||||||
23 | (A) the name, address, and telephone number, | ||||||
24 | either office or cell, of the person making the | ||||||
25 | request; |
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1 | (B) the name, address, and telephone number of the | ||||||
2 | business requesting the facility location information; | ||||||
3 | (C) the approximate date when the facility | ||||||
4 | information is required; | ||||||
5 | (D) the type and extent of the informational | ||||||
6 | request; | ||||||
7 | (E) the location of the required facility | ||||||
8 | information, specified as follows: | ||||||
9 | (i) a specific street or rural address, which | ||||||
10 | has a numbered address on a marked street or avenue | ||||||
11 | that is publicly recorded; or | ||||||
12 | (ii) latitude and longitude coordinates or a | ||||||
13 | specific quarter section by tier, range, section, | ||||||
14 | and quarter section; and | ||||||
15 | (F) the reason for requesting the facility data. | ||||||
16 | (4) Provide site-specific information to qualified | ||||||
17 | bidders of the project. | ||||||
18 | (c) Designers are encouraged to refer to the JULIE | ||||||
19 | Excavator Manual for other information prior to initiating a | ||||||
20 | design stage request. | ||||||
21 | (220 ILCS 50/4.3 new) | ||||||
22 | Sec. 4.3. Design stage request response. The State-Wide | ||||||
23 | One-Call Notice System shall provide designers with | ||||||
24 | engineering contact information for the owners or operators in | ||||||
25 | the area of the design stage projects. Owners or operators |
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1 | shall respond to a design stage request upon notification by | ||||||
2 | the designer to the State-Wide One-Call Notification System of | ||||||
3 | a design stage request. The facility owner or operator shall | ||||||
4 | provide information regarding the location and type of | ||||||
5 | facilities at the site based on the best information currently | ||||||
6 | available to the facility owner or operator. | ||||||
7 | (220 ILCS 50/4.4 new) | ||||||
8 | Sec. 4.4. Contact is made. After contact is made with the | ||||||
9 | owner or operator by the designer, the owner or operator shall | ||||||
10 | respond in one of the following 3 ways within 15 working days, | ||||||
11 | excluding Saturdays, Sundays, and State-Wide One-Call | ||||||
12 | Notification System-recognized holidays: | ||||||
13 | (1) actual field location shall be performed at the job | ||||||
14 | site; | ||||||
15 | (2) drawings or prints, or both, of the location of the | ||||||
16 | buried facilities at the proposed site shall be provided; | ||||||
17 | or | ||||||
18 | (3) the designer may be requested to send drawings or | ||||||
19 | prints, or both, of the job site to the member. | ||||||
20 | (220 ILCS 50/4.5 new) | ||||||
21 | Sec. 4.5. Owner or operator request. If the owner or | ||||||
22 | operator requests drawings of the job site, then the owner or | ||||||
23 | operator shall mark existing facilities on drawings or prints, | ||||||
24 | or both, or provide copies of the facility owner's record |
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1 | information and return the documents to the designer.
| ||||||
2 | (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
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3 | Sec. 6. Emergency excavation or demolition.
| ||||||
4 | (a) Every person who
engages in emergency excavation or
| ||||||
5 | demolition outside of the boundaries of a municipality of at | ||||||
6 | least one
million persons which operates its own one-call | ||||||
7 | notice system shall take
all reasonable precautions to avoid or | ||||||
8 | minimize
interference between the emergency work and existing | ||||||
9 | underground utility
facilities or CATS facilities in and near | ||||||
10 | the excavation or demolition
area, through the State-Wide | ||||||
11 | One-Call Notice System,
and shall notify, as far in advance as | ||||||
12 | possible, the owners or operators of
such underground utility | ||||||
13 | facilities or CATS facilities in and near the
emergency | ||||||
14 | excavation or demolition area, through the State-Wide One-Call
| ||||||
15 | Notice System.
At a minimum, the notice required under this | ||||||
16 | subsection (a) shall provide:
| ||||||
17 | (1) the person's name, address, and (i) phone number at | ||||||
18 | which a person can
be reached and (ii) fax number, if | ||||||
19 | available;
| ||||||
20 | (2) the start date of the planned emergency excavation | ||||||
21 | or demolition;
| ||||||
22 | (3) the address at which the excavation or demolition | ||||||
23 | will take place; and
| ||||||
24 | (4) the type and extent of the work involved.
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25 | There is a wait time of 2 hours or the date and time |
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1 | requested on the notice, whichever is longer, after an | ||||||
2 | emergency locate notification request is
made through the | ||||||
3 | State-Wide One-Call Notice System. If the conditions at the
| ||||||
4 | site dictate an earlier start than the required wait time, it | ||||||
5 | is the
responsibility of the excavator to demonstrate that site | ||||||
6 | conditions warranted
this earlier start time.
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7 | Upon notice by the person engaged in emergency excavation | ||||||
8 | or demolition, the owner or operator of an underground utility | ||||||
9 | facility or CATS facility in or near the excavation or | ||||||
10 | demolition area shall communicate with the person engaged in | ||||||
11 | emergency excavation or demolition within 2 hours or by the | ||||||
12 | date and time requested on the notice, whichever is longer by | ||||||
13 | (1) marking the approximate location of underground | ||||||
14 | facilities; (2) advising the person excavating that their | ||||||
15 | underground facilities are not in conflict with the emergency | ||||||
16 | excavation; or (3) notifying the person excavating that the | ||||||
17 | owner or operator shall be delayed in marking because of | ||||||
18 | conditions as referenced in subsection (g) of Section 11 of | ||||||
19 | this Act . | ||||||
20 | The notice by the owner or operator to the person engaged | ||||||
21 | in emergency excavation or demolition may be provided by phone | ||||||
22 | or phone message or by marking the excavation or demolition | ||||||
23 | area. The owner or operator has discharged the owner's or | ||||||
24 | operator's obligation to provide notice under this Section if | ||||||
25 | the owner or operator attempts to provide notice by telephone | ||||||
26 | but is unable to do so because the person engaged in the |
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1 | emergency excavation or demolition does not answer his or her | ||||||
2 | telephone or does not have an answering machine or answering | ||||||
3 | service to receive the telephone call. If the owner or operator | ||||||
4 | attempts to provide notice by telephone or by facsimile but | ||||||
5 | receives a busy signal, that attempt shall not discharge the | ||||||
6 | owner or operator from the obligation to provide notice under | ||||||
7 | this Section.
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8 | (b) Every person who engages in emergency excavation or | ||||||
9 | demolition
within the boundaries of a municipality of at least | ||||||
10 | one million persons
which operates its own one-call notice | ||||||
11 | system shall take all reasonable
precautions to avoid or | ||||||
12 | minimize interference between the emergency work
and existing | ||||||
13 | underground utility facilities or CATS facilities in and near
| ||||||
14 | the excavation or demolition area, through the municipality's | ||||||
15 | one-call
notice system, and shall notify, as far in advance as | ||||||
16 | possible, the owners
and operators of underground utility | ||||||
17 | facilities or CATS facilities in and
near the emergency | ||||||
18 | excavation or demolition area, through the
municipality's | ||||||
19 | one-call notice system.
| ||||||
20 | (c) The reinstallation of traffic control devices shall be | ||||||
21 | deemed an
emergency for purposes of this Section.
| ||||||
22 | (d) An open cut utility locate shall be deemed an emergency | ||||||
23 | for purposes of this Section.
| ||||||
24 | (Source: P.A. 94-623, eff. 8-18-05.)
| ||||||
25 | (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
|
| |||||||
| |||||||
1 | Sec. 7. Damage or dislocation. In the event of any damage | ||||||
2 | to or
dislocation of any underground
utility facilities or CATS | ||||||
3 | facilities in connection with any excavation or
demolition, | ||||||
4 | emergency or nonemergency, the person responsible for the
| ||||||
5 | excavation or demolition operations shall immediately cease | ||||||
6 | excavation in the area of the damage when the damaged facility | ||||||
7 | is a threat to life or property or if otherwise required by law | ||||||
8 | and notify the affected
utility and the State-Wide One-Call | ||||||
9 | Notice System or, in the case of damage
or dislocation in | ||||||
10 | connection with any excavation or demolition within the
| ||||||
11 | boundaries of a municipality having a population of at least | ||||||
12 | 1,000,000
inhabitants that operates its
own one-call notice | ||||||
13 | system, notify the affected utility and the one-call
notice | ||||||
14 | system that operates in that municipality. The person | ||||||
15 | responsible for the excavation or demolition shall not attempt | ||||||
16 | to repair, clamp, or constrict the damaged utility facility | ||||||
17 | unless directed to do so by the utility facility owner or | ||||||
18 | operator. In the event of any damage to any underground utility | ||||||
19 | facility that results in the escape of any flammable, toxic, or | ||||||
20 | corrosive gas or liquid, the person responsible for the | ||||||
21 | excavation or demolition shall call 9-1-1 and notify | ||||||
22 | authorities of the damage. Owners and operators of
underground | ||||||
23 | utility facilities that are damaged and the excavator involved
| ||||||
24 | shall work in a cooperative and expeditious manner to repair | ||||||
25 | the affected
utility.
| ||||||
26 | (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03.)
|
| |||||||
| |||||||
1 | (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
| ||||||
2 | Sec. 10. Record of notice; marking of facilities. Upon | ||||||
3 | notice by the
person engaged in excavation or
demolition, the | ||||||
4 | person owning or operating underground utility facilities
or | ||||||
5 | CATS facilities in or near the excavation or demolition area | ||||||
6 | shall
cause a written record to be made of the notice and shall | ||||||
7 | mark, within 48
hours of receipt of notice or by the requested | ||||||
8 | date and time indicated on the notice, whichever is later , the
| ||||||
9 | approximate locations of such facilities so as to enable the | ||||||
10 | person excavating
or demolishing to establish the location of | ||||||
11 | the underground utility facilities
or CATS facilities . Owners | ||||||
12 | and operators of underground sewer facilities
that are located | ||||||
13 | outside the boundaries of a municipality having a population
of | ||||||
14 | at least 1,000,000 inhabitants
shall be required to
respond and | ||||||
15 | mark the approximate location of those sewer facilities when
| ||||||
16 | the excavator indicates, in the notice required in Section 4, | ||||||
17 | that the
excavation or demolition project will exceed a depth | ||||||
18 | of 7 feet. "Depth", in
this
case, is defined as the distance | ||||||
19 | measured vertically from the surface of the
ground to the top | ||||||
20 | of the sewer facility. Owners and operators of underground
| ||||||
21 | sewer
facilities
that are located outside the boundaries of a | ||||||
22 | municipality having a population
of at least 1,000,000 | ||||||
23 | inhabitants
shall be required at all times to locate the | ||||||
24 | approximate location of
those sewer facilities
when: (1) | ||||||
25 | directional
boring is the indicated type of excavation work |
| |||||||
| |||||||
1 | being performed within the
notice; (2) the underground sewer | ||||||
2 | facilities owned are non-gravity, pressurized
force mains; or | ||||||
3 | (3) the excavation indicated will occur in the immediate
| ||||||
4 | proximity of known
underground sewer facilities that are less | ||||||
5 | than 7 feet deep. Owners or
operators of underground sewer
| ||||||
6 | facilities that are located outside the boundaries of a | ||||||
7 | municipality having a
population
of at least 1,000,000 | ||||||
8 | inhabitants
shall not hold an excavator liable for damages that | ||||||
9 | occur to sewer
facilities that were not required to be marked | ||||||
10 | under this Section, provided
that
prompt notice of the damage | ||||||
11 | is made to the State-Wide One-Call Notice System
and
the | ||||||
12 | utility owner as required in Section 7.
| ||||||
13 | All persons subject to the requirements of this Act shall | ||||||
14 | plan and conduct
their work consistent with reasonable business | ||||||
15 | practices. Conditions may exist
making it unreasonable to | ||||||
16 | request that locations be marked within 48 hours or by the | ||||||
17 | requested date and time indicated on the notice, whichever is | ||||||
18 | later . It
is unreasonable to request owners and operators of | ||||||
19 | underground utility
facilities and CATS facilities to locate | ||||||
20 | all of their facilities in an affected
area upon
short notice | ||||||
21 | in advance of a large or extensive nonemergency project, or to
| ||||||
22 | request extensive locates in excess of a reasonable excavation | ||||||
23 | or demolition
work schedule, or to request locates under | ||||||
24 | conditions where a repeat request is
likely
to be made because | ||||||
25 | of the passage of time or adverse job conditions.
Owners
and | ||||||
26 | operators of underground utility facilities and CATS |
| |||||||
| |||||||
1 | facilities must
reasonably anticipate seasonal fluctuations in | ||||||
2 | the number of locate requests
and staff accordingly.
| ||||||
3 | If a person owning or operating underground utility | ||||||
4 | facilities or CATS
facilities receives a notice under this | ||||||
5 | Section but does not own
or operate any underground utility | ||||||
6 | facilities or CATS facilities within the
proposed excavation or | ||||||
7 | demolition area described in the notice, that person,
within 48 | ||||||
8 | hours or by the requested date and time indicated on the | ||||||
9 | notice, whichever is later, after receipt
of the notice, shall | ||||||
10 | so notify the person engaged in excavation or demolition
who | ||||||
11 | initiated the notice, unless the person who initiated the | ||||||
12 | notice
expressly waives the right to be notified that no | ||||||
13 | facilities are located within
the excavation or demolition | ||||||
14 | area. The notification by the owner or operator
of
underground | ||||||
15 | utility facilities or CATS facilities to the person engaged in
| ||||||
16 | excavation or demolition may be provided in any reasonable | ||||||
17 | manner including,
but not limited to, notification in any one | ||||||
18 | of the following ways: by
face-to-face communication; by phone | ||||||
19 | or phone message; by facsimile; by posting
in the excavation or | ||||||
20 | demolition area; or by marking the excavation or
demolition | ||||||
21 | area. The owner or operator of those facilities has discharged | ||||||
22 | the
owner's or operator's obligation to provide notice under | ||||||
23 | this Section if the
owner or operator attempts to provide | ||||||
24 | notice by telephone or by facsimile, if
the person has supplied | ||||||
25 | a facsimile number, but is unable to do
so because the person | ||||||
26 | engaged in the excavation or demolition does not answer
his or |
| |||||||
| |||||||
1 | her telephone or does not have an answering machine or | ||||||
2 | answering service
to receive the telephone call or does not | ||||||
3 | have a facsimile machine in operation
to receive the facsimile | ||||||
4 | transmission. If the owner or operator attempts to
provide | ||||||
5 | notice by telephone or by facsimile but receives a busy signal, | ||||||
6 | that
attempt shall not serve to discharge the owner or operator | ||||||
7 | of the obligation to
provide notice under this Section.
| ||||||
8 | A person engaged in excavation or demolition may expressly | ||||||
9 | waive the right
to notification from the owner or operator of | ||||||
10 | underground utility facilities or
CATS facilities that the | ||||||
11 | owner or operator has no facilities located in the
proposed | ||||||
12 | excavation or demolition area. Waiver of notice is only | ||||||
13 | permissible
in the case of regular or nonemergency locate | ||||||
14 | requests. The waiver must be
made at the time of
the notice to | ||||||
15 | the State-Wide One-Call Notice System. A waiver made under this
| ||||||
16 | Section is not admissible as evidence in any criminal or civil | ||||||
17 | action that may
arise out of, or is in any way related to, the | ||||||
18 | excavation or demolition that is
the subject of the waiver.
| ||||||
19 | For the purposes of this Act,
underground facility | ||||||
20 | operators may utilize a combination of flags, stakes,
and paint | ||||||
21 | when possible on non-paved surfaces and when dig site and | ||||||
22 | seasonal
conditions warrant. If the approximate
location of an | ||||||
23 | underground utility facility or CATS facility is marked with
| ||||||
24 | stakes or other physical means, the following color coding | ||||||
25 | shall be employed:
| ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
| |||||||||||||||||||||||||||||||||||||||||||||||||
21 | (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
|
| |||||||
| |||||||
1 | Sec. 11. Penalties; liability; fund.
| ||||||
2 | (a) Every person who, while engaging
in excavation or
| ||||||
3 | demolition, wilfully fails to comply with the Act by failing to | ||||||
4 | provide the
notice to the owners or operators of the | ||||||
5 | underground facilities or CATS
facility near the excavation or | ||||||
6 | demolition area through the State-Wide
One-Call Notice System | ||||||
7 | as required by Section 4 or 6 of this Act shall be subject to a
| ||||||
8 | penalty of up to $5,000 for each
separate offense and shall be | ||||||
9 | liable for
the damage caused to the owners or operators of the | ||||||
10 | facility. Every person who fails to provide notice and | ||||||
11 | willfully fails to comply with other provisions of this Act | ||||||
12 | shall be subject to additional penalties of up to $2,500 for | ||||||
13 | each separate offense and shall be liable for the damage caused | ||||||
14 | to the owners or operators of the facility.
| ||||||
15 | (b) Every person who , while engaging in excavation or | ||||||
16 | demolition, has
provided the notice to the owners or operators | ||||||
17 | of the underground utility
facilities or CATS facilities in and | ||||||
18 | near the excavation or demolition area
through the State-Wide | ||||||
19 | One-Call Notice System as required by Section 4 or 6 of
this | ||||||
20 | Act, but otherwise wilfully fails to comply with this Act, | ||||||
21 | shall be subject to a
penalty of up to $2,500 for each
separate | ||||||
22 | offense and shall be liable
for the damage caused to the owners | ||||||
23 | or operators of the facility.
| ||||||
24 | (c) Every person who, while engaging in excavation or | ||||||
25 | demolition, has
provided the notice to the owners or operators | ||||||
26 | of the underground utility
facilities or CATS facilities in and |
| |||||||
| |||||||
1 | near the excavation or demolition area
through the State-Wide | ||||||
2 | One-Call Notice System as required by Section 4 or 6 of
this | ||||||
3 | Act, but otherwise, while acting reasonably, damages any | ||||||
4 | underground
utility facilities or CATS facilities , shall not be | ||||||
5 | subject to a penalty, but
shall be liable for the damage caused | ||||||
6 | to the owners or operators of the
facility provided the | ||||||
7 | underground utility facility or CATS facility is
properly | ||||||
8 | marked as provided in Section 10 of this Act.
| ||||||
9 | (d) Every person who , while engaging in excavation or | ||||||
10 | demolition, provides
notice to the owners or operators of the | ||||||
11 | underground utility facilities or CATS
facilities through the | ||||||
12 | State-Wide One-Call Notice System as an emergency locate
| ||||||
13 | request and the locate request is not an emergency locate | ||||||
14 | request as defined in
Section 2.6 of this Act shall be subject | ||||||
15 | to a penalty of up to $2,500 for each
separate offense.
| ||||||
16 | (e) Owners and operators of underground utility facilities | ||||||
17 | who willfully fail to comply with this Act by a failure to | ||||||
18 | respond or mark the approximate location of an underground | ||||||
19 | utility as required by subsection (h) of Section 4, subsection | ||||||
20 | (a) of Section 6, or Section 10 of this Act after being | ||||||
21 | notified of planned excavation or demolition through the | ||||||
22 | State-Wide One-Call Notice System, shall be subject to a | ||||||
23 | penalty of up to $5,000 for each separate offense. Owners and | ||||||
24 | operators of underground utility facilities or CATS facilities | ||||||
25 | (i) who wilfully fail to comply with this
Act by a failure to | ||||||
26 | mark the location of an underground
utility or CATS facility or |
| |||||||
| |||||||
1 | a failure to provide notice that facilities are not within the | ||||||
2 | proposed excavation or demolition area as required in Section | ||||||
3 | 10, or (ii) who willfully fail to respond as required in | ||||||
4 | Section 6 to an emergency request, after being notified of | ||||||
5 | planned excavation or
demolition through the State-Wide | ||||||
6 | One-Call Notice System, shall be subject to
a penalty of up to
| ||||||
7 | $5,000
for each separate offense resulting from the failure to
| ||||||
8 | mark an
underground utility facility or CATS facility.
| ||||||
9 | (f) As provided in Section 3 of this Act, all owners or | ||||||
10 | operators of
underground utility facilities or CATS facilities | ||||||
11 | who fail to join the
State-Wide One-Call Notice System by | ||||||
12 | January 1, 2003 shall be subject to a
penalty of $100 per day | ||||||
13 | for each separate offense. Every day an owner or
operator fails | ||||||
14 | to join the State-Wide One-Call Notice System is a separate
| ||||||
15 | offense. This subsection (f) does not apply to utilities | ||||||
16 | operating facilities
or CATS facilities exclusively within the | ||||||
17 | boundaries of a municipality with a
population of at least | ||||||
18 | 1,000,000 persons.
| ||||||
19 | (g) No owner or operator of underground utility facilities | ||||||
20 | or CATS facilities shall be subject to a penalty where a
delay | ||||||
21 | in marking or a failure to mark or properly mark the location | ||||||
22 | of an
underground utility or CATS facility is caused by | ||||||
23 | conditions beyond the
reasonable control of such owner or | ||||||
24 | operator.
| ||||||
25 | (h) Any person who is neither an agent, employee, or | ||||||
26 | authorized locating
contractor of the owner or operator of the |
| |||||||
| |||||||
1 | underground utility facility
or CATS
facility
nor an
excavator | ||||||
2 | involved in the excavation activity
who
removes, alters, or | ||||||
3 | otherwise damages markings, flags, or stakes used to mark
the
| ||||||
4 | location of an
underground utility or CATS facility other than | ||||||
5 | during the course of the
excavation for which
the markings were | ||||||
6 | made or before completion of the project shall be subject to
a | ||||||
7 | penalty up to
$1,000 for each separate offense.
| ||||||
8 | (i) (Blank). The excavator shall exercise due care at all | ||||||
9 | times to protect
underground utility facilities and CATS | ||||||
10 | facilities. If, after proper
notification through the | ||||||
11 | State-Wide One-Call Notice System and upon arrival at
the site | ||||||
12 | of a proposed excavation, the excavator observes clear evidence | ||||||
13 | of the
presence of an unmarked utility or CATS facility in the | ||||||
14 | area of the proposed
excavation, the excavator shall not begin | ||||||
15 | excavating until 2 hours after an
additional call is made to | ||||||
16 | the State-Wide One-Call Notice System for the area.
The | ||||||
17 | operator of the utility or CATS facility shall respond within 2 | ||||||
18 | hours of
the excavator's call to the State-Wide One-Call Notice | ||||||
19 | System.
| ||||||
20 | (j) The Illinois Commerce Commission shall have the power | ||||||
21 | and jurisdiction
to, and shall, enforce the provisions of this | ||||||
22 | Act. The Illinois Commerce
Commission
may impose | ||||||
23 | administrative penalties as provided in this Section. The | ||||||
24 | Illinois
Commerce Commission may promulgate rules and develop
| ||||||
25 | enforcement policies in the manner provided by the Public | ||||||
26 | Utilities Act in
order to implement compliance with this Act. |
| |||||||
| |||||||
1 | When a
penalty is warranted, the following criteria shall be | ||||||
2 | used in determining the
magnitude of the penalty:
| ||||||
3 | (1) gravity of noncompliance;
| ||||||
4 | (2) culpability of offender;
| ||||||
5 | (3) history of noncompliance for the 18 months prior to | ||||||
6 | the date of the incident; however, when determining | ||||||
7 | non-compliance the alleged violator's roles as operator or | ||||||
8 | owner and the person engaged in excavating shall be treated | ||||||
9 | separately;
| ||||||
10 | (4) ability to pay penalty;
| ||||||
11 | (5) show of good faith of offender;
| ||||||
12 | (6) ability to continue business; and
| ||||||
13 | (7) other special circumstances.
| ||||||
14 | (k) There is hereby created in the State treasury a special | ||||||
15 | fund to be
known
as the Illinois Underground Utility Facilities | ||||||
16 | Damage Prevention Fund. All
penalties recovered in any action | ||||||
17 | under this Section shall be paid into the
Fund and shall be | ||||||
18 | distributed annually as a grant to the State-Wide
One-Call | ||||||
19 | Notice System to be used in safety and informational programs | ||||||
20 | to
reduce the number of incidents of damage to underground | ||||||
21 | utility facilities
and CATS facilities in Illinois. The | ||||||
22 | distribution shall be made during
January of each calendar year | ||||||
23 | based on the balance in the Illinois
Underground Utility | ||||||
24 | Facilities Damage Prevention Fund as of December 31 of
the | ||||||
25 | previous calendar year. In all such actions under this Section, | ||||||
26 | the
procedure and rules of evidence shall conform with the Code |
| |||||||
| |||||||
1 | of Civil
Procedure, and with rules of courts governing civil | ||||||
2 | trials.
| ||||||
3 | (l) The Illinois Commerce Commission shall establish an | ||||||
4 | Advisory
Committee consisting of a representative from each of | ||||||
5 | the following: utility
operator, JULIE, excavator, | ||||||
6 | municipality, and the general public. The Advisory
Committee | ||||||
7 | shall serve as a peer review panel for any contested penalties
| ||||||
8 | resulting from the enforcement of this Act.
| ||||||
9 | The members of the Advisory Committee shall be immune, | ||||||
10 | individually and
jointly, from civil liability for any act or | ||||||
11 | omission done or made in
performance of their duties while | ||||||
12 | serving as members of such Advisory
Committee, unless the act | ||||||
13 | or omission was the result of willful and wanton
misconduct.
| ||||||
14 | (m) If, after the Advisory Committee has considered a | ||||||
15 | particular contested
penalty and performed its review | ||||||
16 | functions under this Act and the Commission's
rules, there | ||||||
17 | remains a dispute as to whether the Commission should impose a
| ||||||
18 | penalty under this Act, the matter shall proceed in the manner | ||||||
19 | set forth in
Article X of the Public Utilities Act, including | ||||||
20 | the provisions governing
judicial review.
| ||||||
21 | (Source: P.A. 94-623, eff. 8-18-05.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|