Public Act 93-0430

HB2839 Enrolled                      LRB093 08249 JLS 11712 b

    AN ACT concerning utilities.

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

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

    (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
    Sec.  4.  Required  activities.  Every person who engages
in nonemergency excavation or demolition shall:
    (a)  take reasonable action  to  inform  himself  of  the
location  of  any  underground  utility  facilities  or  CATS
facilities  in  and near the area for which such operation is
to be conducted;
    (b)  plan  the  excavation  or  demolition  to  avoid  or
minimize interference with underground utility facilities  or
CATS  facilities  within the tolerance zone by utilizing such
precautions that  include,  but  are  not  limited  to,  hand
excavation,   vacuum   excavation   methods,   and   visually
inspecting  the  excavation  while in progress until clear of
the existing marked facility;
    (c)  if practical, use white  paint,  flags,  stakes,  or
both, to outline the dig site;
    (d)  provide  notice  not more than 14 days nor less than
48 hours (exclusive of Saturdays, Sundays and  holidays)  but
no  more than 14 calendar days in advance of the start of the
excavation or demolition to the owners or  operators  of  the
underground utility facilities or CATS facilities in and near
the  excavation  or  demolition  area  through the State-Wide
One-Call Notice  System  or,  in  the  case  of  nonemergency
excavation   or   demolition   within  the  boundaries  of  a
municipality of at least one million persons  which  operates
its  own  one-call notice system, through the one-call notice
system which operates in that municipality;
    (e)  provide,  during   and   following   excavation   or
demolition,  such  support  for  existing underground utility
facilities or CATS facilities in and near the  excavation  or
demolition  area  as  may  be  reasonably  necessary  for the
protection of such facilities unless otherwise agreed  to  by
the  owner  or  operator  of the underground facility or CATS
facility; and
    (f)  backfill all excavations in  such  manner  and  with
such  materials  as  may  be  reasonably  necessary  for  the
protection of existing underground utility facilities or CATS
facilities  in  and  near  the excavation or demolition area;
and.
    (g)  After February 29,  2004,  when  the  excavation  or
demolition project will extend past 28 calendar days from the
date  of  the  original notice provided under clause (d), the
excavator shall provide a subsequent notice to the owners  or
operators  of  the  underground  utility  facilities  or CATS
facilities in and near  the  excavation  or  demolition  area
through the State-Wide One-Call Notice System or, in the case
of  excavation  or  demolition  within  the  boundaries  of a
municipality  having  a  population  of  at  least  1,000,000
inhabitants that operates its  own  one-call  notice  system,
through  the  one-call  notice  system  that operates in that
municipality informing  utility  owners  and  operators  that
additional  time  to  complete  the  excavation or demolition
project will  be  required.   The  notice  will  provide  the
excavator  with  an additional 28 calendar days from the date
of the subsequent notification to continue  or  complete  the
excavation or demolition project.
    At  a minimum, the notice required under clause (d) shall
provide:
         (1)  the  person's  name,  address,  and  (i)  phone
    number at which a person can  be  reached  and  (ii)  fax
    number;
         (2)  the  start  date  of  the planned excavation or
    demolition;
         (3)  the  address  at  which   the   excavation   or
    demolition will take place;
         (4)  the type and extent of the work involved; and
         (5)  section/quarter   sections   when   the   above
    information does not allow the State-Wide One-Call Notice
    System    to   determine   the   appropriate   geographic
    section/quarter sections.  This item (5) does  not  apply
    to residential property owners.
    Nothing  in  this Section prohibits the use of any method
of excavation if conducted  in  a  manner  that  would  avoid
interference  with  underground  utility  facilities  or CATS
facilities.
(Source: P.A. 92-179, eff. 7-1-02.)

    (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
    Sec. 7.  Damage or dislocation.   In  the  event  of  any
damage   to   or   dislocation  of  any  underground  utility
facilities  or  CATS  facilities  in  connection   with   any
excavation  or  demolition,  emergency  or  nonemergency, the
person  responsible  for   the   excavation   or   demolition
operations  shall immediately notify the affected utility and
the State-Wide One-Call Notice System  or,  in  the  case  of
damage  or  dislocation  in connection with any excavation or
demolition within the boundaries of a municipality  having  a
population  of  at  least 1,000,000 inhabitants that operates
its own one-call notice system, notify the  affected  utility
and   the  one-call  notice  system  that  operates  in  that
municipality.  Owners and operators  of  underground  utility
facilities  that are damaged and the excavator involved shall
work in a cooperative and expeditious manner  to  repair  the

affected utility.
(Source: P.A. 92-179, eff. 7-1-02.)

    (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
    Sec.  10.  Record of notice; marking of facilities.  Upon
notice by the person engaged in excavation or demolition, the
person owning or operating underground utility facilities  or
CATS  facilities in or near the excavation or demolition area
shall cause a written record to be made  of  the  notice  and
shall mark, within 48 hours (excluding Saturdays, Sundays and
holidays)  of receipt of notice, the approximate locations of
such facilities so as to  enable  the  person  excavating  or
demolishing  to  establish  the  location  of the underground
utility facilities or CATS facilities.  Owners and  operators
of  underground sewer facilities that are located outside the
boundaries of a municipality having a population of at  least
1,000,000  inhabitants  shall be required to respond and mark
the approximate location of those sewer facilities  when  the
excavator  indicates,  in  the  notice required in Section 4,
that the excavation or demolition project will exceed a depth
of 7 feet.  "Depth", in this case, is defined as the distance
measured vertically from the surface of the ground to the top
of the sewer facility.  Owners and operators  of  underground
sewer facilities that are located outside the boundaries of a
municipality  having  a  population  of  at  least  1,000,000
inhabitants  shall  be  required  at  all times to locate the
approximate location of  those  sewer  facilities  when:  (1)
directional  boring  is the indicated type of excavation work
being performed within the notice; (2) the underground  sewer
facilities owned are non-gravity, pressurized force mains; or
(3)  the  excavation  indicated  will  occur in the immediate
proximity of known underground sewer facilities that are less
than 7 feet deep.  Owners or operators of  underground  sewer
facilities  that  are  located  outside  the  boundaries of a
municipality  having  a  population  of  at  least  1,000,000
inhabitants shall not hold an excavator  liable  for  damages
that  occur  to sewer facilities that were not required to be
marked under this Section, provided that prompt notice of the
damage is made to the State-Wide One-Call Notice  System  and
the utility owner as required in Section 7.
    All persons subject to the requirements of this Act shall
plan  and  conduct  their  work  consistent  with  reasonable
business   practices.   Conditions   may   exist   making  it
unreasonable to request that locations be  marked  within  48
hours.  It is unreasonable to request owners and operators of
underground utility facilities and CATS facilities to  locate
all of their facilities in an affected area upon short notice
in  advance  of a large or extensive nonemergency project, or
to request  extensive  locates  in  excess  of  a  reasonable
excavation or demolition work schedule, or to request locates
under  conditions where a repeat request is likely to be made
because of the passage of time  or  adverse  job  conditions.
Owners  and  operators  of underground utility facilities and
CATS   facilities   must   reasonably   anticipate   seasonal
fluctuations in the  number  of  locate  requests  and  staff
accordingly.
    If  a  person  owning  or  operating  underground utility
facilities or CATS facilities receives a  notice  under  this
Section  but  does not own or operate any underground utility
facilities or CATS facilities within the proposed  excavation
or  demolition  area  described  in  the notice, that person,
within 48 hours (excluding Saturdays, Sundays, and  holidays)
after  receipt  of  the  notice,  shall  so notify the person
engaged in excavation or demolition who initiated the notice,
unless the person who initiated the notice  expressly  waives
the  right  to  be  notified  that  no facilities are located
within the excavation or demolition area.   The  notification
by the owner or operator of underground utility facilities or
CATS  facilities  to  the  person  engaged  in  excavation or
demolition  may  be  provided  in   any   reasonable   manner
including, but not limited to, notification in any one of the
following  ways:  by  face-to-face communication; by phone or
phone message; by facsimile; by posting in the excavation  or
demolition  area;  or by marking the excavation or demolition
area.  The  owner  or  operator  of  those   facilities   has
discharged  the  owner's  or operator's obligation to provide
notice under this Section if the owner or  operator  attempts
to provide notice by telephone or by facsimile, if the person
has  supplied  a  facsimile  number,  but  is unable to do so
because the person engaged in the  excavation  or  demolition
does  not  answer  his  or  her telephone or does not have an
answering  machine  or  answering  service  to  receive   the
telephone  call  or  does  not  have  a  facsimile machine in
operation to receive  the  facsimile  transmission.   If  the
owner  or operator attempts to provide notice by telephone or
by facsimile but receives a busy signal, that  attempt  shall
not   serve  to  discharge  the  owner  or  operator  of  the
obligation to provide notice under this Section.
    A  person  engaged  in  excavation  or   demolition   may
expressly  waive  the right to notification from the owner or
operator of underground utility facilities or CATS facilities
that the owner or operator has no facilities located  in  the
proposed  excavation or demolition area.  Waiver of notice is
only permissible in  the  case  of  regular  or  nonemergency
locate  requests.  The waiver must be made at the time of the
notice to the State-Wide One-Call Notice  System.   A  waiver
made  under this Section is not admissible as evidence in any
criminal or civil action that may arise out of, or is in  any
way  related  to,  the  excavation  or demolition that is the
subject of the waiver.
    For  the  purposes  of  this  Act,  underground  facility
operators may utilize a combination  of  flags,  stakes,  and
paint  when  possible on non-paved surfaces and when dig site
and seasonal conditions warrant.  If the approximate location
of an underground utility facility or CATS facility is marked
with stakes or other  physical  means,  the  following  color
coding shall be employed:
    Utility or Community Antenna       Identification Color
    Television Systems and Type
    of Product

Electric Power, Distribution and
    Transmission...................... Safety Red
Municipal Electric Systems............ Safety Red
Gas Distribution and Transmission..... High Visibility
                                       Safety Yellow
Oil Distribution and Transmission..... High Visibility
                                       Safety Yellow
Telephone and Telegraph Systems....... Safety Alert Orange
Community Antenna Television Systems.. Safety Alert Orange
Water Systems......................... Safety
                                       Precaution Blue
Sewer Systems......................... Safety Green
Non-potable Water and Slurry Lines.... Safety Purple
Temporary Survey...................... Safety Pink
Proposed Excavation................... Safety White (Black
                                       when snow is
                                       on the ground)
(Source: P.A. 92-179, eff. 7-1-02.)

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