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Full Text of SB1357  96th General Assembly

SB1357enr 96TH GENERAL ASSEMBLY



 


 
SB1357 Enrolled LRB096 05751 MJR 15822 b

1     AN ACT concerning utilities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Underground Utility Facilities
5 Damage Prevention Act is amended by changing Sections 1, 2.1,
6 2.2, 2.6, 4, 6, 7, 10, and 11 and by adding Sections 2.1.3,
7 2.1.4, 2.1.5, 2.1.6, 2.1.9, and 2.1.10 as follows:
 
8     (220 ILCS 50/1)  (from Ch. 111 2/3, par. 1601)
9     Sec. 1. This Act shall be known and may be cited as the
10 Illinois Underground Utility Facilities Damage Prevention Act,
11 and for the purposes of participating in the State of Illinois
12 Joint Purchasing Program, the State-Wide One-Call Notice
13 System, commonly referred to as "JULIE, Inc.", shall be
14 considered as created by this Act.
15 (Source: P.A. 86-674.)
 
16     (220 ILCS 50/2.1)  (from Ch. 111 2/3, par. 1602.1)
17     Sec. 2.1. "Person" means an individual, firm, joint
18 venture, partnership, corporation, association, municipality
19 or other governmental unit, department or agency, utility
20 cooperative, or joint stock association, and includes any
21 trustee, receiver, or assignee or employee or agent or personal
22 representative thereof.

 

 

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1 (Source: P.A. 86-674.)
 
2     (220 ILCS 50/2.1.3 new)
3     Sec. 2.1.3. No show request. "No show request" means a
4 notice initiated by an excavator through the State-Wide
5 One-Call Notice System to the owners or operators of
6 underground utility facilities notified in the prior locate
7 request that either failed to mark their facilities or to
8 communicate their non-involvement with the excavation prior to
9 the requested dig start date and time.
 
10     (220 ILCS 50/2.1.4 new)
11     Sec. 2.1.4. Incomplete request. "Incomplete request"
12 means a notice initiated by an excavator through the State-Wide
13 One-Call Notice System to the owners or operators of
14 underground utility facilities notified in a prior locate
15 request that such facility owners or operators, as identified
16 by the person excavating, did not completely mark the entire
17 extent or the entire segment of the proposed excavation, as
18 identified by the excavator in the prior notice.
 
19     (220 ILCS 50/2.1.5 new)
20     Sec. 2.1.5. Re-mark request. "Re-mark request" means a
21 notice initiated by an excavator through the State-Wide
22 One-Call Notice System to the owners or operators of
23 underground utility facilities notified in the initial locate

 

 

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1 request requesting facility owners or operators to re-mark all
2 or part of the work area identified in the initial locate
3 request, because facility markings are becoming or have become
4 indistinguishable due to factors, including, but not limited
5 to, weather, fading, construction activity, or vandalism.
 
6     (220 ILCS 50/2.1.6 new)
7     Sec. 2.1.6. Residential property owner. "Residential
8 property owner" means any individual or entity that owns or
9 leases real property that is used by such individual or entity
10 as its residence or dwelling. Residential property owner does
11 not include any persons who own or lease residential property
12 for the purpose of holding or developing such property or for
13 any other business or commercial purposes.
 
14     (220 ILCS 50/2.1.9 new)
15     Sec. 2.1.9. JULIE Excavator Handbook. "JULIE Excavator
16 Handbook" means the handbook periodically updated and
17 published by the State-Wide One-Call Notice System that
18 provides information for excavators and facility owners and
19 operators on the use and services of the State-Wide One-Call
20 Notice System.
 
21     (220 ILCS 50/2.1.10 new)
22     Sec. 2.1.10. Internal electric grid of a wind turbine
23 generation farm. "Internal electric grid of a wind turbine

 

 

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1 generation farm" means those facilities located within a wind
2 generation farm from a tower to a substation.
 
3     (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
4     Sec. 2.2. Underground utility facilities.
5     (a) "Underground utility facilities" or "facilities" means
6 and includes wires, ducts, fiber optic cable, conduits, pipes,
7 sewers, and cables and their connected appurtenances installed
8 beneath the surface of the ground by:
9         (1) a public utility as defined in the Public Utilities
10     Act;
11         (2) a municipally owned or mutually owned utility
12     providing a similar utility service;
13         (3) a pipeline entity transporting gases, crude oil,
14     petroleum products, or other hydrocarbon materials within
15     the State;
16         (4) a telecommunications carrier as defined in the
17     Universal Telephone Service Protection Law of 1985, or by a
18     company described in Section 1 of the Telephone Company
19     Act;
20         (5) a community antenna television system, as defined
21     in the Illinois Municipal Code or the Counties Code;
22         (6) a holder, as that term is defined in the Cable and
23     Video Competition Law of 2007;
24         (7) any other entity owning or operating underground
25     facilities that transport generated electrical power to

 

 

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1     other utility owners or operators or transport generated
2     electrical power within the internal electric grid of a
3     wind turbine generation farm; and
4         (8) an electric cooperative as defined in the Public
5     Utilities Act.
6 "Underground utility facilities" or "facilities" means and
7 includes wires, ducts, fiber optic cable, conduits, pipes,
8 sewers, and cables and their connected appurtenances installed
9 beneath the surface of the ground by a public utility (as is
10 defined in the Illinois Public Utilities Act, as amended), or
11 by a municipally owned or mutually owned utility providing a
12 similar utility service, except an electric cooperative as
13 defined in the Illinois Public Utilities Act, as amended, or by
14 a pipeline entity transporting gases, crude oil, petroleum
15 products, or other hydrocarbon materials within the State, or
16 by a telecommunications carrier as defined in the Universal
17 Telephone Service Protection Law of 1985, or by a company
18 described in Section 1 of "An Act relating to the powers,
19 duties and property of telephone companies", approved May 16,
20 1903, as amended, or by a community antenna television system,
21 hereinafter referred to as "CATS", as defined in the Illinois
22 Municipal Code, as amended.
23 (Source: P.A. 94-623, eff. 8-18-05.)
 
24     (220 ILCS 50/2.6)
25     Sec. 2.6. Emergency locate request. "Emergency locate

 

 

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1 request" means a locate request for any condition constituting
2 an imminent danger to life, health, or property, or a utility
3 service outage, and which requires immediate repair or action
4 before the expiration of 48 hours.
5 (Source: P.A. 92-179, eff. 7-1-02.)
 
6     (220 ILCS 50/4)  (from Ch. 111 2/3, par. 1604)
7     Sec. 4. Required activities. Every person who engages in
8 nonemergency excavation or demolition shall:
9         (a) take reasonable action to inform himself of the
10     location of any underground utility facilities or CATS
11     facilities in and near the area for which such operation is
12     to be conducted;
13         (b) plan the excavation or demolition to avoid or
14     minimize interference with underground utility facilities
15     or CATS facilities within the tolerance zone by utilizing
16     such precautions that include, but are not limited to, hand
17     excavation, vacuum excavation methods, and visually
18     inspecting the excavation while in progress until clear of
19     the existing marked facility;
20         (c) if practical, use white paint, flags, stakes, or
21     both, to outline the dig site;
22         (d) provide notice not less than 48 hours but no more
23     than 14 calendar days in advance of the start of the
24     excavation or demolition to the owners or operators of the
25     underground utility facilities or CATS facilities in and

 

 

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1     near the excavation or demolition area through the
2     State-Wide One-Call Notice System or, in the case of
3     nonemergency excavation or demolition within the
4     boundaries of a municipality of at least one million
5     persons which operates its own one-call notice system,
6     through the one-call notice system which operates in that
7     municipality.
8         At a minimum, the notice required under this subsection
9     (d) shall provide:
10             (1) the person's name, address, phone number at
11         which a person can be reached, and fax number, if
12         available;
13             (2) the start date and time of the planned
14         excavation or demolition;
15             (3) all counties, cities, or townships, or any
16         combination thereof, where the proposed excavation
17         shall take place;
18             (4) the address at which the excavation or
19         demolition shall take place;
20             (5) the type and extent of the work involved; and
21             (6) the section or quarter sections when the
22         information in items (1) through (5) of this subsection
23         (d) does not allow the State-Wide One-Call Notice
24         System to determine the appropriate excavation or
25         demolition site. This item (6) does not apply to
26         residential property owners;

 

 

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1         (e) provide, during and following excavation or
2     demolition, such support for existing underground utility
3     facilities or CATS facilities in and near the excavation or
4     demolition area as may be reasonably necessary for the
5     protection of such facilities unless otherwise agreed to by
6     the owner or operator of the underground facility or CATS
7     facility;
8         (f) backfill all excavations in such manner and with
9     such materials as may be reasonably necessary for the
10     protection of existing underground utility facilities or
11     CATS facilities in and near the excavation or demolition
12     area; and
13         (g) after After February 29, 2004, when the excavation
14     or demolition project will extend past 28 calendar days
15     from the date of the original notice provided under clause
16     (d), the excavator shall provide a subsequent notice to the
17     owners or operators of the underground utility facilities
18     or CATS facilities in and near the excavation or demolition
19     area through the State-Wide One-Call Notice System or, in
20     the case of excavation or demolition within the boundaries
21     of a municipality having a population of at least 1,000,000
22     inhabitants that operates its own one-call notice system,
23     through the one-call notice system that operates in that
24     municipality informing utility owners and operators that
25     additional time to complete the excavation or demolition
26     project will be required. The notice will provide the

 

 

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1     excavator with an additional 28 calendar days from the date
2     of the subsequent notification to continue or complete the
3     excavation or demolition project; .
4         (h) exercise due care at all times to protect
5     underground utility facilities. If, after proper
6     notification through the State-Wide One-Call Notice System
7     and upon arrival at the site of the proposed excavation,
8     the excavator observes clear evidence of the presence of an
9     unmarked or incompletely marked utility in the area of the
10     proposed excavation, the excavator shall not begin
11     excavating until all affected facilities have been marked
12     or 2 hours after an additional call is made to the
13     State-Wide One-Call Notice System for the area. The owner
14     or operator of the utility shall respond within 2 hours of
15     the excavator's call to the State-Wide One-Call Notice
16     System; and
17         (i) when factors, including, but not limited to,
18     weather, construction activity, or vandalism, at the
19     excavation site have caused the utility markings to become
20     faded or indistinguishable, the excavator shall provide an
21     additional notice through the State-Wide One-Call Notice
22     System requesting that only the affected areas where
23     excavation or demolition is to continue be re-marked.
24     Facility owners or operators must respond to the notice to
25     re-mark according to the requirements of Section 10 of this
26     Act.

 

 

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1     At a minimum, the notice required under clause (d) shall
2 provide:
3         (1) the person's name, address, and (i) phone number at
4     which a person can be reached and (ii) fax number, if
5     available;
6         (2) the start date of the planned excavation or
7     demolition;
8         (3) the address at which the excavation or demolition
9     will take place;
10         (4) the type and extent of the work involved; and
11         (5) section/quarter sections when the above
12     information does not allow the State-Wide One-Call Notice
13     System to determine the appropriate geographic
14     section/quarter sections. This item (5) does not apply to
15     residential property owners.
16     Nothing in this Section prohibits the use of any method of
17 excavation if conducted in a manner that would avoid
18 interference with underground utility facilities or CATS
19 facilities.
20 (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
 
21     (220 ILCS 50/6)  (from Ch. 111 2/3, par. 1606)
22     Sec. 6. Emergency excavation or demolition.
23     (a) Every person who engages in emergency excavation or
24 demolition outside of the boundaries of a municipality of at
25 least one million persons which operates its own one-call

 

 

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1 notice system shall take all reasonable precautions to avoid or
2 minimize interference between the emergency work and existing
3 underground utility facilities or CATS facilities in and near
4 the excavation or demolition area, through the State-Wide
5 One-Call Notice System, and shall notify, as far in advance as
6 possible, the owners or operators of such underground utility
7 facilities or CATS facilities in and near the emergency
8 excavation or demolition area, through the State-Wide One-Call
9 Notice System. At a minimum, the notice required under this
10 subsection (a) shall 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 emergency excavation
15     or demolition;
16         (3) the address at which the excavation or demolition
17     will take place; and
18         (4) the type and extent of the work involved.
19     There is a wait time of 2 hours or the date and time
20 requested on the notice, whichever is longer, after an
21 emergency locate notification request is made through the
22 State-Wide One-Call Notice System. If the conditions at the
23 site dictate an earlier start than the required wait time, it
24 is the responsibility of the excavator to demonstrate that site
25 conditions warranted this earlier start time.
26     Upon notice by the person engaged in emergency excavation

 

 

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1 or demolition, the owner or operator of an underground utility
2 facility or CATS facility in or near the excavation or
3 demolition area shall communicate with the person engaged in
4 emergency excavation or demolition within 2 hours or by the
5 date and time requested on the notice, whichever is longer by
6 (1) marking the approximate location of underground
7 facilities; (2) advising the person excavating that their
8 underground facilities are not in conflict with the emergency
9 excavation; or (3) notifying the person excavating that the
10 owner or operator shall be delayed in marking because of
11 conditions as referenced in subsection (g) of Section 11 of
12 this Act.
13     The notice by the owner or operator to the person engaged
14 in emergency excavation or demolition may be provided by phone
15 or phone message or by marking the excavation or demolition
16 area. The owner or operator has discharged the owner's or
17 operator's obligation to provide notice under this Section if
18 the owner or operator attempts to provide notice by telephone
19 but is unable to do so because the person engaged in the
20 emergency excavation or demolition does not answer his or her
21 telephone or does not have an answering machine or answering
22 service to receive the telephone call. If the owner or operator
23 attempts to provide notice by telephone or by facsimile but
24 receives a busy signal, that attempt shall not discharge the
25 owner or operator from the obligation to provide notice under
26 this Section.

 

 

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1     (b) Every person who engages in emergency excavation or
2 demolition within the boundaries of a municipality of at least
3 one million persons which operates its own one-call notice
4 system shall take all reasonable precautions to avoid or
5 minimize interference between the emergency work and existing
6 underground utility facilities or CATS facilities in and near
7 the excavation or demolition area, through the municipality's
8 one-call notice system, and shall notify, as far in advance as
9 possible, the owners and operators of underground utility
10 facilities or CATS facilities in and near the emergency
11 excavation or demolition area, through the municipality's
12 one-call notice system.
13     (c) The reinstallation of traffic control devices shall be
14 deemed an emergency for purposes of this Section.
15     (d) An open cut utility locate shall be deemed an emergency
16 for purposes of this Section.
17 (Source: P.A. 94-623, eff. 8-18-05.)
 
18     (220 ILCS 50/7)  (from Ch. 111 2/3, par. 1607)
19     Sec. 7. Damage or dislocation. In the event of any damage
20 to or dislocation of any underground utility facilities or CATS
21 facilities in connection with any excavation or demolition,
22 emergency or nonemergency, the person responsible for the
23 excavation or demolition operations shall immediately notify
24 the affected utility and the State-Wide One-Call Notice System
25 and cease excavation in the area of the damage when the damaged

 

 

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1 facility is a threat to life or property or if otherwise
2 required by law or, in the case of damage or dislocation in
3 connection with any excavation or demolition within the
4 boundaries of a municipality having a population of at least
5 1,000,000 inhabitants that operates its own one-call notice
6 system, notify the affected utility and the one-call notice
7 system that operates in that municipality. The person
8 responsible for the excavation or demolition shall not attempt
9 to repair, clamp, or constrict the damaged utility facility
10 unless under the supervision or advisement of the utility
11 facility owner or operator. At no time shall a person under
12 this Act be required by a utility facility owner or operator to
13 attempt to repair, clamp, or constrict a damaged utility
14 facility. In the event of any damage to any underground utility
15 facility that results in the escape of any flammable, toxic, or
16 corrosive gas or liquid, the person responsible for the
17 excavation or demolition shall call 9-1-1 and notify
18 authorities of the damage. Owners and operators of underground
19 utility facilities that are damaged and the excavator involved
20 shall work in a cooperative and expeditious manner to repair
21 the affected utility.
22 (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03.)
 
23     (220 ILCS 50/10)  (from Ch. 111 2/3, par. 1610)
24     Sec. 10. Record of notice; marking of facilities. Upon
25 notice by the person engaged in excavation or demolition, the

 

 

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1 person owning or operating underground utility facilities or
2 CATS facilities in or near the excavation or demolition area
3 shall cause a written record to be made of the notice and shall
4 mark, within 48 hours of receipt of notice or by the requested
5 date and time indicated on the notice, whichever is later, the
6 approximate locations of such facilities so as to enable the
7 person excavating or demolishing to establish the location of
8 the underground utility facilities or CATS facilities. Owners
9 and operators of underground sewer facilities that are located
10 outside the boundaries of a municipality having a population of
11 at least 1,000,000 inhabitants shall be required to respond and
12 mark the approximate location of those sewer facilities when
13 the excavator indicates, in the notice required in Section 4,
14 that the excavation or demolition project will exceed a depth
15 of 7 feet. "Depth", in this case, is defined as the distance
16 measured vertically from the surface of the ground to the top
17 of the sewer facility. Owners and operators of underground
18 sewer facilities that are located outside the boundaries of a
19 municipality having a population of at least 1,000,000
20 inhabitants shall be required at all times to locate the
21 approximate location of those sewer facilities when: (1)
22 directional boring is the indicated type of excavation work
23 being performed within the notice; (2) the underground sewer
24 facilities owned are non-gravity, pressurized force mains; or
25 (3) the excavation indicated will occur in the immediate
26 proximity of known underground sewer facilities that are less

 

 

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1 than 7 feet deep. Owners or operators of underground sewer
2 facilities that are located outside the boundaries of a
3 municipality having a population of at least 1,000,000
4 inhabitants shall not hold an excavator liable for damages that
5 occur to sewer facilities that were not required to be marked
6 under this Section, provided that prompt notice of the damage
7 is made to the State-Wide One-Call Notice System and the
8 utility owner as required in Section 7.
9     All persons subject to the requirements of this Act shall
10 plan and conduct their work consistent with reasonable business
11 practices. Conditions may exist making it unreasonable to
12 request that locations be marked within 48 hours or by the
13 requested date and time indicated on the notice, whichever is
14 later. It is unreasonable to request owners and operators of
15 underground utility facilities and CATS facilities to locate
16 all of their facilities in an affected area upon short notice
17 in advance of a large or extensive nonemergency project, or to
18 request extensive locates in excess of a reasonable excavation
19 or demolition work schedule, or to request locates under
20 conditions where a repeat request is likely to be made because
21 of the passage of time or adverse job conditions. Owners and
22 operators of underground utility facilities and CATS
23 facilities must reasonably anticipate seasonal fluctuations in
24 the number of locate requests and staff accordingly.
25     If a person owning or operating underground utility
26 facilities or CATS facilities receives a notice under this

 

 

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1 Section but does not own or operate any underground utility
2 facilities or CATS facilities within the proposed excavation or
3 demolition area described in the notice, that person, within 48
4 hours or by the requested date and time indicated on the
5 notice, whichever is later, after receipt of the notice, shall
6 so notify the person engaged in excavation or demolition who
7 initiated the notice, unless the person who initiated the
8 notice expressly waives the right to be notified that no
9 facilities are located within the excavation or demolition
10 area. The notification by the owner or operator of underground
11 utility facilities or CATS facilities to the person engaged in
12 excavation or demolition may be provided in any reasonable
13 manner including, but not limited to, notification in any one
14 of the following ways: by face-to-face communication; by phone
15 or phone message; by facsimile; by posting in the excavation or
16 demolition area; or by marking the excavation or demolition
17 area. The owner or operator of those facilities has discharged
18 the owner's or operator's obligation to provide notice under
19 this Section if the owner or operator attempts to provide
20 notice by telephone or by facsimile, if the person has supplied
21 a facsimile number, but is unable to do so because the person
22 engaged in the excavation or demolition does not answer his or
23 her telephone or does not have an answering machine or
24 answering service to receive the telephone call or does not
25 have a facsimile machine in operation to receive the facsimile
26 transmission. If the owner or operator attempts to provide

 
 

 

 

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1 notice by telephone or by facsimile but receives a busy signal,
2 that attempt shall not serve to discharge the owner or operator
3 of the obligation to provide notice under this Section.
4     A person engaged in excavation or demolition may expressly
5 waive the right to notification from the owner or operator of
6 underground utility facilities or CATS facilities that the
7 owner or operator has no facilities located in the proposed
8 excavation or demolition area. Waiver of notice is only
9 permissible in the case of regular or nonemergency locate
10 requests. The waiver must be made at the time of the notice to
11 the State-Wide One-Call Notice System. A waiver made under this
12 Section is not admissible as evidence in any criminal or civil
13 action that may arise out of, or is in any way related to, the
14 excavation or demolition that is the subject of the waiver.
15     For the purposes of this Act, underground facility
16 operators may utilize a combination of flags, stakes, and paint
17 when possible on non-paved surfaces and when dig site and
18 seasonal conditions warrant. If the approximate location of an
19 underground utility facility or CATS facility is marked with
20 stakes or other physical means, the following color coding
21 shall be employed:
 
22Underground Facility Identification Color
23Facility Owner or Agent Use Only

 
 

 

 

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1Electric Power, Distribution and
2    Transmission........................Safety Red
3Municipal Electric Systems..............Safety Red
4Gas Distribution and Transmission.......High Visibility Safety
5Yellow
6Oil Distribution and Transmission.......High Visibility Safety
7Yellow
8Telephone and Telegraph Systems.........Safety Alert Orange
9Community Antenna Television Systems....Safety Alert Orange
10Water Systems...........................Safety Precaution Blue
11Sewer Systems...........................Safety Green
12Non-potable Water and Slurry Lines......Safety Purple
13Excavator Use Only
14Temporary Survey........................Safety Pink
15Proposed Excavation.....................Safety White (Black
16when snow is on the
17ground)
18 (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
 
19     (220 ILCS 50/11)  (from Ch. 111 2/3, par. 1611)
20     Sec. 11. Penalties; liability; fund.
21     (a) Every person who, while engaging in excavation or
22 demolition, wilfully fails to comply with the Act by failing to
23 provide the notice to the owners or operators of the

 

 

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1 underground facilities or CATS facility near the excavation or
2 demolition area through the State-Wide One-Call Notice System
3 as required by Section 4 or 6 of this Act shall be subject to a
4 penalty of up to $5,000 for each separate offense and shall be
5 liable for the damage caused to the owners or operators of the
6 facility. Every person who fails to provide notice and
7 willfully fails to comply with other provisions of this Act
8 shall be subject to additional penalties of up to $2,500 for
9 each separate offense and shall be liable for the damage caused
10 to the owners or operators of the facility.
11     (b) Every person who, while engaging in excavation or
12 demolition, has provided the notice to the owners or operators
13 of the underground utility facilities or CATS facilities in and
14 near the excavation or demolition area through the State-Wide
15 One-Call Notice System as required by Section 4 or 6 of this
16 Act, but otherwise wilfully fails to comply with this Act,
17 shall be subject to a penalty of up to $2,500 for each separate
18 offense and shall be liable for the damage caused to the owners
19 or operators of the facility.
20     (c) Every person who, while engaging in excavation or
21 demolition, has provided the notice to the owners or operators
22 of the underground utility facilities or CATS facilities in and
23 near the excavation or demolition area through the State-Wide
24 One-Call Notice System as required by Section 4 or 6 of this
25 Act, but otherwise, while acting reasonably, damages any
26 underground utility facilities or CATS facilities, shall not be

 

 

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1 subject to a penalty, but shall be liable for the damage caused
2 to the owners or operators of the facility provided the
3 underground utility facility or CATS facility is properly
4 marked as provided in Section 10 of this Act.
5     (d) Every person who, while engaging in excavation or
6 demolition, provides notice to the owners or operators of the
7 underground utility facilities or CATS facilities through the
8 State-Wide One-Call Notice System as an emergency locate
9 request and the locate request is not an emergency locate
10 request as defined in Section 2.6 of this Act shall be subject
11 to a penalty of up to $2,500 for each separate offense.
12     (e) Owners and operators of underground utility facilities
13 who willfully fail to comply with this Act by a failure to
14 respond or mark the approximate location of an underground
15 utility as required by subsection (h) of Section 4, subsection
16 (a) of Section 6, or Section 10 of this Act after being
17 notified of planned excavation or demolition through the
18 State-Wide One-Call Notice System, shall be subject to a
19 penalty of up to $5,000 for each separate offense. Owners and
20 operators of underground utility facilities or CATS facilities
21 (i) who wilfully fail to comply with this Act by a failure to
22 mark the location of an underground utility or CATS facility or
23 a failure to provide notice that facilities are not within the
24 proposed excavation or demolition area as required in Section
25 10, or (ii) who willfully fail to respond as required in
26 Section 6 to an emergency request, after being notified of

 

 

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1 planned excavation or demolition through the State-Wide
2 One-Call Notice System, shall be subject to a penalty of up to
3 $5,000 for each separate offense resulting from the failure to
4 mark an underground utility facility or CATS facility.
5     (f) As provided in Section 3 of this Act, all owners or
6 operators of underground utility facilities or CATS facilities
7 who fail to join the State-Wide One-Call Notice System by
8 January 1, 2003 shall be subject to a penalty of $100 per day
9 for each separate offense. Every day an owner or operator fails
10 to join the State-Wide One-Call Notice System is a separate
11 offense. This subsection (f) does not apply to utilities
12 operating facilities or CATS facilities exclusively within the
13 boundaries of a municipality with a population of at least
14 1,000,000 persons.
15     (g) No owner or operator of underground utility facilities
16 or CATS facilities shall be subject to a penalty where a delay
17 in marking or a failure to mark or properly mark the location
18 of an underground utility or CATS facility is caused by
19 conditions beyond the reasonable control of such owner or
20 operator.
21     (h) Any person who is neither an agent, employee, or
22 authorized locating contractor of the owner or operator of the
23 underground utility facility or CATS facility nor an excavator
24 involved in the excavation activity who removes, alters, or
25 otherwise damages markings, flags, or stakes used to mark the
26 location of an underground utility or CATS facility other than

 

 

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1 during the course of the excavation for which the markings were
2 made or before completion of the project shall be subject to a
3 penalty up to $1,000 for each separate offense.
4     (i) (Blank). The excavator shall exercise due care at all
5 times to protect underground utility facilities and CATS
6 facilities. If, after proper notification through the
7 State-Wide One-Call Notice System and upon arrival at the site
8 of a proposed excavation, the excavator observes clear evidence
9 of the presence of an unmarked utility or CATS facility in the
10 area of the proposed excavation, the excavator shall not begin
11 excavating until 2 hours after an additional call is made to
12 the State-Wide One-Call Notice System for the area. The
13 operator of the utility or CATS facility shall respond within 2
14 hours of the excavator's call to the State-Wide One-Call Notice
15 System.
16     (j) The Illinois Commerce Commission shall have the power
17 and jurisdiction to, and shall, enforce the provisions of this
18 Act. The Illinois Commerce Commission may impose
19 administrative penalties as provided in this Section. The
20 Illinois Commerce Commission may promulgate rules and develop
21 enforcement policies in the manner provided by the Public
22 Utilities Act in order to implement compliance with this Act.
23 When a penalty is warranted, the following criteria shall be
24 used in determining the magnitude of the penalty:
25         (1) gravity of noncompliance;
26         (2) culpability of offender;

 

 

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1         (3) history of noncompliance for the 18 months prior to
2     the date of the incident; however, when determining
3     non-compliance the alleged violator's roles as operator or
4     owner and the person engaged in excavating shall be treated
5     separately;
6         (4) ability to pay penalty;
7         (5) show of good faith of offender;
8         (6) ability to continue business; and
9         (7) other special circumstances.
10     (k) There is hereby created in the State treasury a special
11 fund to be known as the Illinois Underground Utility Facilities
12 Damage Prevention Fund. All penalties recovered in any action
13 under this Section shall be paid into the Fund and shall be
14 distributed annually as a grant to the State-Wide One-Call
15 Notice System to be used in safety and informational programs
16 to reduce the number of incidents of damage to underground
17 utility facilities and CATS facilities in Illinois. The
18 distribution shall be made during January of each calendar year
19 based on the balance in the Illinois Underground Utility
20 Facilities Damage Prevention Fund as of December 31 of the
21 previous calendar year. In all such actions under this Section,
22 the procedure and rules of evidence shall conform with the Code
23 of Civil Procedure, and with rules of courts governing civil
24 trials.
25     (l) The Illinois Commerce Commission shall establish an
26 Advisory Committee consisting of a representative from each of

 

 

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1 the following: utility operator, JULIE, excavator,
2 municipality, and the general public. The Advisory Committee
3 shall serve as a peer review panel for any contested penalties
4 resulting from the enforcement of this Act.
5     The members of the Advisory Committee shall be immune,
6 individually and jointly, from civil liability for any act or
7 omission done or made in performance of their duties while
8 serving as members of such Advisory Committee, unless the act
9 or omission was the result of willful and wanton misconduct.
10     (m) If, after the Advisory Committee has considered a
11 particular contested penalty and performed its review
12 functions under this Act and the Commission's rules, there
13 remains a dispute as to whether the Commission should impose a
14 penalty under this Act, the matter shall proceed in the manner
15 set forth in Article X of the Public Utilities Act, including
16 the provisions governing judicial review.
17 (Source: P.A. 94-623, eff. 8-18-05.)
 
18     Section 99. Effective date. This Act takes effect January
19 1, 2010.