State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0179

HB2138 Enrolled                                LRB9205929JSpc

    AN ACT concerning underground utilities facilities damage
prevention.

    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 2, 2.2,
2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14  and  adding  Sections
2.6, 2.7, and 2.8 as follows:

    (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
    Sec.  2.  Definitions.   As  used in this Act, unless the
context clearly otherwise requires, the  terms  specified  in
Sections  2.1  through  2.8 2.5 have the meanings ascribed to
them in those Sections.
(Source: P.A. 86-674.)

    (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
    Sec. 2.2.  Underground utility facilities.   "Underground
utility facilities" or "facilities" means and includes wires,
ducts, fiber optic cable, conduits, pipes, sewers, and cables
and  their  connected  appurtenances  installed  beneath  the
surface  of  the ground by a public utility (as is defined in
the Illinois Public Utilities  Act,  as  amended),  or  by  a
municipally  owned  or  mutually  owned  utility  providing a
similar utility service, except an  electric  cooperative  as
defined  in the Illinois Public Utilities Act, as amended, or
by a pipeline entity transporting gases, crude oil, petroleum
products, or other hydrocarbon materials within the State  or
by  a  telecommunications carrier as defined in the Universal
Telephone Service Protection Law of 1985,  or  by  a  company
described  in  Section  1  of "An Act relating to the powers,
duties and property of telephone companies", approved May 16,
1903, as  amended,  or  by  a  community  antenna  television
system,  hereinafter referred to as "CATS", as defined in the
Illinois Municipal Code, as amended.
(Source: P.A. 86-674.)

    (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
    Sec. 2.3.  Excavation.  "Excavation" means any  operation
in  which  earth, rock, or other material in or on the ground
is moved, removed, or otherwise displaced  by  means  of  any
tools,  power  equipment or explosives, and includes, without
limitation, grading, trenching, digging, ditching,  drilling,
augering, boring, tunneling, scraping, cable or pipe plowing,
and  driving  but does not include farm tillage operations or
railroad  right-of-way  maintenance  or  operations  or  coal
mining operations regulated under the Federal Surface  Mining
Control and Reclamation Act of 1977 or any State law or rules
or  regulations  adopted  under  the federal statute, or land
surveying operations as defined in the Illinois  Professional
Land Surveyor Act of 1989 when not using power equipment.
(Source: P.A. 86-674; 86-1195; 87-125.)

    (220 ILCS 50/2.6 new)
    Sec.  2.6.  Emergency  locate request.  "Emergency locate
request"  means  a   locate   request   for   any   condition
constituting an imminent danger to life, health, or property,
or  a  utility  service  outage, and which requires immediate
repair or action.

    (220 ILCS 50/2.7 new)
    Sec. 2.7.  Tolerance zone.  "Tolerance  zone"  means  the
approximate  location  of  underground  utility facilities or
CATS facilities defined as a strip of land at  least  3  feet
wide,  but  not  wider  than  the  width  of  the underground
facility or CATS facility plus 1-1/2 feet on either  side  of
such  facility  based  upon the markings made by the owner or
operator of the facility.  Excavation  within  the  tolerance
zone  requires  extra  care and precaution including, but not
limited to, as set forth in Section 4.

    (220 ILCS 50/2.8 new)
    Sec. 2.8.  Approximate location.  "Approximate  location"
means  a  strip  of  land at least 3 feet wide, but not wider
than the width of the underground facility or  CATS  facility
plus 1.5 feet on either side of the facility.

    (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 in  and  near  the  construction
area;
    (c)  if  practical,  use  white  paint, flags, stakes, or
both, to outline the dig site;
    (d) (c)  provide notice not more than 14  days  nor  less
than  48 hours (exclusive of Saturdays, Sundays and holidays)
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) (d)  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) (e)  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.
    At a minimum, the notice required under  clause  (d)  (c)
shall provide:
         (1)  the  person's  name,  address,  and  (i)  phone
    number  at which a person message can be reached and left
    or (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; and
         (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.  87-125;  88-578,  effective  date  changed to
7-1-95 by P.A. 88-681.)

    (220 ILCS 50/5) (from Ch. 111 2/3, par. 1605)
    Sec. 5.  Notice of preconstruction conference.  When  the
Illinois  Department  of  Transportation notifies an owner or
operator of an underground utility facility or CATS  facility
that the Department will conduct a preconstruction conference
concerning  new  construction, reconstruction, or maintenance
of State highways in and near the area in which such owner or
operator has  placed  underground  utility  facilities,  such
notification  shall,  except  as  otherwise  provided in this
Section  constitute  compliance  by  the  Department  or  its
contractors with paragraphs (a), (b), and (d) (c) of  Section
4   of  this  Act.   In  instances  when  notification  of  a
preconstruction  conference  is  provided  to  the  owner  or
operator of an underground utility facility or CATS  facility
but  no  specific  date is established at the preconstruction
conference  for  the  new  construction,  reconstruction   or
maintenance  of  State highways in and near the area in which
the  owner  or  operator  has  placed   underground   utility
facilities  or  CATS  facilities,  then the Department or its
contractors shall later comply  with  paragraph  (d)  (c)  of
Section 4 of this Act.
(Source: P.A. 86-674.)

    (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
    Sec. 6.  Emergency excavation or demolition.
    (a)  Every  person who engages in emergency excavation or
demolition outside of the boundaries of a municipality of  at
least  one  million  persons  which operates its own one-call
notice system shall take all reasonable precautions to  avoid
or  minimize  interference  between  the  emergency  work and
existing underground utility facilities or CATS facilities in
and near the  excavation  or  demolition  area,  through  the
State-Wide  One-Call  Notice System, and shall notify, as far
in advance as possible,  the  owners  or  operators  of  such
underground utility facilities or CATS facilities in and near
the  emergency  excavation  or  demolition  area, through the
State-Wide One-Call Notice System. At a minimum,  the  notice
required under this subsection (a) 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   emergency
    excavation or demolition;
         (3)  the   address   at   which  the  excavation  or
    demolition will take place; and
         (4)  the type and extent of the work involved.
    A 2-hour wait  time  exists  after  an  emergency  locate
notification  request is made through the State-Wide One-Call
Notice System.  If the conditions  at  the  site  dictate  an
earlier   start   than  the  2-hour  wait  time,  it  is  the
responsibility of the  excavator  to  demonstrate  that  site
conditions warranted this earlier start time.
    (b)  Every  person who engages in emergency excavation or
demolition within the boundaries  of  a  municipality  of  at
least  one  million  persons  which operates its own one-call
notice system shall take all reasonable precautions to  avoid
or  minimize  interference  between  the  emergency  work and
existing underground utility facilities or CATS facilities in
and near the  excavation  or  demolition  area,  through  the
municipality's  one-call  notice system, and shall notify, as
far in advance as  possible,  the  owners  and  operators  of
underground utility facilities or CATS facilities in and near
the  emergency  excavation  or  demolition  area, through the
municipality's one-call notice system.
    (c)  The reinstallation of traffic control devices  shall
be deemed an emergency for purposes of this Section.
(Source: P.A. 86-674; 87-125.)

    (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  owner  of  such
facilities.
(Source: P.A. 86-674.)

    (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
    Sec. 8.  Liability or financial responsibility.
    (a)  Nothing in this Act shall be  deemed  to  affect  or
determine  the  financial  responsibility  for  any operation
under this Act or liability of any  person  for  any  damages
that occur unless specifically stated otherwise.
    (b)  Nothing  in  this Act shall be deemed to provide for
liability or financial responsibility of  the  Department  of
Transportation,  its  officers  and  employees concerning any
underground utility facility  or  CATS  facility  located  on
highway right-of-way by permit issued under the provisions of
Section  9-113  of  the  Illinois Highway Code. It is not the
intent of this Act to change any remedies  in  law  regarding
the duty of providing lateral support.
    (c)  Neither  the  State-Wide  One-Call Notice System nor
any of its officers, agents, or employees shall be liable for
damages for  injuries  or  death  to  persons  or  damage  to
property   caused  by  acts  or  omissions  in  the  receipt,
recording,  or  transmission  of  locate  requests  or  other
information  in  the  performance  of  its  duties   as   the

State-Wide One-Call Notice System, unless the act or omission
was the result of willful and wanton misconduct.
    (d)  Any  residential  property owner who fails to comply
with any  provision  of  this  Act  and  damages  underground
utility  facilities  or  CATS  facilities  while  engaging in
excavation or demolition on such residential  property  shall
not  be  subject  to  a  penalty under this Act, but shall be
liable for the damage caused to the owner or operator of  the
damaged underground utility facilities or CATS facilities.
(Source: P.A. 86-674; 87-125.)

    (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.
    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. Marking need not be accomplished  more  than  48
hours  in  advance  of  the  time excavation or demolition of
daily segments of the excavation or demolition are  scheduled
to begin.
    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 the "approximate location" of
underground utility facilities or CATS facilities is  defined
as  a  strip  of land at least 3 feet wide but not wider than
the width of the underground facility or CATS facility plus 1
1/2 feet on either side of such facility.  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
(Source: P.A.  86-674;  88-578  (effective  date  changed  to
7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.)

    (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
    Sec. 11.  Penalties; liability; fund.
    (a)  Every  person  who,  while engaging in excavation or
demolition, wilfully fails to comply with the Act by  failing
to  provide  the  notice  to  the  owners or operators of the
underground facilities or CATS facility near  the  excavation
or  demolition  area  through  the State-Wide One-Call Notice
System as required by Section 4 of this Act and  damages  any
underground  utility  facilities or CATS facilities, shall be
subject to a penalty fine of up to $5,000 no more  than  $200
for  each separate offense and shall be liable for the damage
caused to the owners or operators of the facility.
    (b)  Every person who, while engaging  in  excavation  or
demolition,  and  has  provided  the  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 as required  by
Section 4 of this Act, but otherwise wilfully fails to comply
with  this Act and damages any underground utility facilities
or CATS facilities, shall be subject to a penalty fine of  up
to  $2,500  no  more  than $100 for each separate offense and
shall be liable for  the  damage  caused  to  the  owners  or
operators of the facility.
    (c)  Every  person  who,  while engaging in excavation or
demolition, and has provided the  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 as required by
Section  4  of  this  Act,  but   otherwise,   while   acting
reasonably,  damages  any  underground  utility facilities or
CATS facilities, shall not be subject to a penalty, fine  but
shall  be  liable  for  the  damage  caused  to the owners or
operators of the facility provided  the  underground  utility
facility  or CATS facility is properly  marked as provided in
Section 10 of this Act.
    (d)  Every person who, while engaging  in  excavation  or
demolition, provides notice to the owners or operators of the
underground utility facilities or CATS facilities through the
State-Wide  One-Call  Notice  System  as  an emergency locate
request and the locate request is  not  an  emergency  locate
request  as  defined  in  Section  2.6  of  this Act shall be
subject to a penalty  of  up  to  $2,500  for  each  separate
offense.
    (e)  Owners   and   operators   of   underground  utility
facilities  or  CATS  community  antenna  television  systems
facilities who wilfully fail to comply with  this  Act  by  a
failure  to  mark  or  to  properly  mark  the location of an
underground utility or CATS facility, after being notified of
planned  excavation  or  demolition  through  the  State-Wide
One-Call Notice System, shall be subject to a penalty fine of
up to $5,000 no more than $200 for each separate offense each
violation resulting from the failure to mark or properly mark
an underground utility facility or CATS facility.  No  person
shall be subject to such fine if the owner or operator of the
underground  utility facilities erred in marking or failed to
mark such facilities as provided in Section 10  of  this  Act
and no willful damage has been committed.
    (f)  As  provided in Section 3 of this Act, all owners or
operators  of  underground   utility   facilities   or   CATS
facilities  who  fail  to join the State-Wide One-Call Notice
System by January 1, 2003 shall be subject to  a  penalty  of
$100 per day for each separate offense. Every day an owner or
operator  fails to join the State-Wide One-Call Notice System
is a separate offense.  This subsection (f) does not apply to
utilities operating facilities or CATS facilities exclusively
within the boundaries of a municipality with a population  of
at least 1,000,000 persons.
    (g)  No   owner   or   operator  of  underground  utility
facilities  or  CATS  community  antenna  television  systems
facilities shall be subject to a penalty fine where  a  delay
in marking or a failure to mark or properly mark the location
of  an  underground  utility  or  CATS  facility is caused by
conditions beyond the reasonable control  of  such  owner  or
operator.
    (h)  Any  person  who  is  neither an agent, employee, or
authorized locating contractor of the owner  or  operator  of
the  underground  utility  facility  or  CATS facility nor an
excavator involved in the excavation  activity  who  removes,
alters,  or otherwise damages markings, flags, or stakes used
to mark the  location  of  an  underground  utility  or  CATS
facility  other  than during the course of the excavation for
which the markings were made  or  before  completion  of  the
project  shall  be subject to a penalty up to $1,000 for each
separate offense.
    (i)  The excavator shall exercise due care at  all  times
to   protect   underground   utility   facilities   and  CATS
facilities.  If,  after  proper  notification   through   the
State-Wide  One-Call  Notice  System  and upon arrival at the
site of a proposed excavation, the excavator  observes  clear
evidence  of  the  presence  of  an  unmarked utility or CATS
facility  in  the  area  of  the  proposed  excavation,   the
excavator  shall  not begin excavating until 2 hours after an
additional call is made to  the  State-Wide  One-Call  Notice
System  for  the  area.  The  operator of the utility or CATS
facility shall respond within 2 hours of the excavator's call
to the State-Wide One-Call Notice System.
    (j)  The Illinois  Commerce  Commission  shall  have  the
power  and jurisdiction to, and shall, enforce the provisions
of this Act. The  Illinois  Commerce  Commission  may  impose
administrative  penalties  as  provided in this Section.  The
Illinois Commerce Commission may promulgate rules and develop
enforcement policies in the manner  provided  by  the  Public
Utilities Act in order to implement compliance with this Act.
When  a penalty is warranted, the following criteria shall be
used in determining the magnitude of the penalty:
         (1)  gravity of noncompliance;
         (2)  culpability of offender;
         (3)  history of noncompliance;
         (4)  ability to pay penalty;
         (5)  show of good faith of offender;
         (6)  ability to continue business; and
         (7)  other special circumstances.
    In the event that a person has given proper  notice,  the
owner or operator of the underground utility facility or CATS
facility  has marked the approximate location and that person
is  unable  to  physically  locate  the  underground  utility
facility or CATS facility, where other  than  an  "open  cut"
method of locating must be used, within a reasonable time due
to conditions beyond his control and that person has notified
the  State-Wide  One-Call  notice  system  of  the  owner  or
operator of the underground utility facility or CATS facility
of  the  need  for  additional  and  more precise markings of
approximate locations and  the  owner  or  operator  has  not
further  and more precisely marked or located the underground
utility  facility  or  CATS  facility  within  48  hours   of
receiving   such   notice,  then  the  person  excavating  or
demolishing, exercising reasonable care, shall not be  liable
for  damages  to  the  facilities.   Actions  to  recover the
penalty provided for in this Section shall be brought by  the
State's  Attorney of the county where the damage occurred, at
the request of the  owner  or  operator  of  the  underground
utility  facilities  or  CATS  facilities  damaged, or at the
request of any person when the owner  or  operator  fails  to
comply  with  this  Act,  or  at  the request of the Illinois
Commerce Commission in the name of the People of the State of
Illinois, in the circuit court for that county,  or  for  the
county  in  which  the person complained of has its principal
place of business or resides.
    (k)  There is hereby created  in  the  State  treasury  a
special  fund to be known as the Illinois Underground Utility
Facilities Damage Prevention Fund.  All  penalties  recovered
in  any action under this Section shall be paid into the Fund
and  shall  be  distributed  annually  as  a  grant  to   the
State-Wide  One-Call  Notice  System to be used in safety and
informational programs to reduce the number of  incidents  of
damage  to underground utility facilities and CATS facilities
in Illinois.  The distribution shall be made  during  January
of  each  calendar  year based on the balance in the Illinois
Underground Utility Facilities Damage Prevention Fund  as  of
December  31  of  the  previous  calendar  year.  In all such
actions under  this  Section,  the  procedure  and  rules  of
evidence  shall conform with the Code of Civil Procedure, and
with rules of courts governing civil trials.
    (l)  The Illinois Commerce Commission shall establish  an
Advisory  Committee  consisting of a representative from each
of  the  following:  utility  operator,   JULIE,   excavator,
municipality,  and the general public. The Advisory Committee
shall  serve  as  a  peer  review  panel  for  any  contested
penalties resulting from the enforcement of this Act.
    The members of the Advisory Committee  shall  be  immune,
individually and jointly, from civil liability for any act or
omission  done  or  made in performance of their duties while
serving as members of such Advisory Committee, unless the act
or omission was the result of willful and wanton misconduct.
    (m)  If, after the Advisory Committee  has  considered  a
particular   contested   penalty  and  performed  its  review
functions under this Act and the  Commission's  rules,  there
remains  a dispute as to whether the Commission should impose
a penalty under this Act, the matter  shall  proceed  in  the
manner  set  forth  in Article X of the Public Utilities Act,
including the provisions governing judicial review.
    Any residential property owner that fails to comply  with
any  provision  of  this  Act and damages underground utility
facilities or CATS facilities while engaging in excavation or
demolition on land owned by the  residential  property  owner
shall  not  be  subject to a fine but shall be liable for the
damage caused to the owner or  operator  of  the  underground
utility facilities or CATS facilities.
(Source: P.A. 86-674.)

    (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
    Sec. 13.  Mandamus or injunction.  Where public safety or
the  preservation of uninterrupted, necessary utility service
or community antenna television system service is  endangered
by  any  person  engaging  in  excavation  or demolition in a
negligent or unsafe manner which has resulted in or is likely
to result in damage to underground utility facilities or CATS
facilities, or is proposing to use procedures for  excavation
or  demolition  which  are  likely  to  result  in  damage to
underground utility facilities or CATS facilities,  or  where
the  owner  or  operator of underground utility facilities or
CATS facilities endangers an excavator by  willfully  failing
to respond to a locate request, the owner or operator of such
facilities  or  the  excavator or the State's Attorney or the
Illinois Commerce Commission at the request of the  owner  or
operator  of such facilities or the excavator may commence an
action, or the State's Attorney, at the request of the  owner
or  operator  of  such  facilities  or  the Illinois Commerce
Commission, shall commence an action, in  the  circuit  court
for  the  county  in  which  the  excavation or demolition is
occurring or is to occur, or in which the  person  complained
of  has  his  principal place of business or resides, for the
purpose of having such  negligent  or  unsafe  excavation  or
demolition  stopped and prevented or to compel the marking of
underground utilities facilities or CATS  facilities,  either
by mandamus or injunction.
(Source: P.A. 86-674.)

    (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
    Sec.  14.   Home  rule.   The  regulation  of underground
utility facilities and CATS facilities damage prevention,  as
provided  for in this Act, is an exclusive power and function
of the State.  A home rule unit may not regulate  underground
utility  facilities and CATS facilities damage prevention, as
provided for in this Act.  All  units  of  local  government,
including home rule units, must comply with the provisions of
this  Act.   This Section is  a denial and limitation of home
rule powers and functions under subsection (h) of  Section  6
of Article VII of the Illinois Constitution.
(Source: P.A. 86-674.)

    Section  99.  Effective date.  This Act takes effect July
1, 2002.

    Passed in the General Assembly May 03, 2001.
    Approved July 27, 2001.

[ Top ]