SB2129 Engrossed LRB095 16977 MJR 43023 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Underground Utility Facilities
5 Damage Prevention Act is amended by changing Sections 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:
 
9     (220 ILCS 50/2.1)  (from Ch. 111 2/3, par. 1602.1)
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
15 representative thereof.
16 (Source: P.A. 86-674.)
 
17     (220 ILCS 50/2.1.2 new)
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)
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)
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)
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)
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)
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)
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)
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.
 
13     (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
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
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
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
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.
5 (Source: P.A. 94-623, eff. 8-18-05.)
 
6     (220 ILCS 50/2.6)
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.
12 (Source: P.A. 92-179, eff. 7-1-02.)
 
13     (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
14     Sec. 4. Required activities. Every person who engages in
15 nonemergency excavation or demolition shall:
16         (a) take reasonable action to inform himself of the
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;
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
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;
3         (c) if practical, use white paint, flags, stakes, or
4     both, to outline the dig site;
5         (d) provide notice not less than 48 hours but no more
6     than 14 calendar days in advance of the start of the
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;
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;
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
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
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; .
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:
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;
14         (2) the start date of the planned excavation or
15     demolition;
16         (3) the address at which the excavation or demolition
17     will take place;
18         (4) the type and extent of the work involved; and
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
23     residential property owners.
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.
2 (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
 
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)
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.
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.
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.
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)

 

 

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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.)
 

 

 

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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

 

 

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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

 

 

SB2129 Engrossed - 21 - LRB095 16977 MJR 43023 b

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

 

 

SB2129 Engrossed - 22 - LRB095 16977 MJR 43023 b

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:
 

 
 
 
 

 

 

SB2129 Engrossed - 23 - LRB095 16977 MJR 43023 b

1Underground Facility Identification Color
2Facility Owner or Agent Use Only
3Electric Power, Distribution and
4    Transmission........................Safety Red
5Municipal Electric Systems..............Safety Red
6Gas Distribution and Transmission.......High Visibility Safety
7Yellow
8Oil Distribution and Transmission.......High Visibility Safety
9Yellow
10Telephone and Telegraph Systems.........Safety Alert Orange
11Community Antenna Television Systems....Safety Alert Orange
12Water Systems...........................Safety Precaution Blue
13Sewer Systems...........................Safety Green
14Non-potable Water and Slurry Lines......Safety Purple
15Excavator Use Only
16Temporary Survey........................Safety Pink
17Proposed Excavation.....................Safety White (Black
18when snow is on the
19ground)
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)

 

 

SB2129 Engrossed - 24 - LRB095 16977 MJR 43023 b

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

 

 

SB2129 Engrossed - 25 - LRB095 16977 MJR 43023 b

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

 

 

SB2129 Engrossed - 26 - LRB095 16977 MJR 43023 b

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

 

 

SB2129 Engrossed - 27 - LRB095 16977 MJR 43023 b

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.

 

 

SB2129 Engrossed - 28 - LRB095 16977 MJR 43023 b

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

 

 

SB2129 Engrossed - 29 - LRB095 16977 MJR 43023 b

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.