220 ILCS 50/10

(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
 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 of receipt of notice or by the requested date and time indicated on the notice, whichever is later, the
approximate locations of such facilities so as to enable the person excavating
or demolishing to establish the location of the underground utility facilities.  Owners and operators of underground sewer facilities
that are located outside the boundaries of a municipality having a population
of at least 1,000,000 inhabitants
shall be required to
respond and mark the approximate location of those sewer facilities when
the excavator indicates, in the notice required in Section 4, that the
excavation or demolition project will exceed a depth of 7 feet.  "Depth", in
this
case, is defined as the distance measured vertically from the surface of the
ground to the top of the sewer facility.  Owners and operators of underground
sewer
facilities
that are located outside the boundaries of a municipality having a population
of at least 1,000,000 inhabitants
shall be required at all times to locate the approximate location of
those sewer facilities
when: (1) directional
boring is the indicated type of excavation work being performed within the
notice; (2) the underground sewer facilities owned are non-gravity, pressurized
force mains; or (3) the excavation indicated will occur in the immediate
proximity of known
underground sewer facilities that are less than 7 feet deep.  Owners or
operators of underground sewer
facilities that are located outside the boundaries of a municipality having a
population
of at least 1,000,000 inhabitants
shall not hold an excavator liable for damages that occur to sewer
facilities that were not required to be marked under this Section, provided
that
prompt notice of the damage is made to the State-Wide One-Call Notice System
and
the utility owner as required in Section 7.

All persons subject to the requirements of this Act shall plan and conduct
their work consistent with reasonable business practices. Conditions may exist
making it unreasonable to request that locations be marked within 48 hours or by the requested date and time indicated on the notice, whichever is later. It
is unreasonable to request owners and operators of underground utility
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 must
reasonably anticipate seasonal fluctuations in the number of locate requests
and staff accordingly.

If a person owning or operating underground utility facilities receives a notice under this Section but does not own
or operate any underground utility facilities within the
proposed excavation or demolition area described in the notice, that person,
within 48 hours or by the requested date and time indicated on the notice, whichever is later, 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 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 that the owner or operator has no facilities located in the
proposed excavation or demolition area.  Waiver of notice is only permissible
in the case of regular or nonemergency locate requests.  The waiver must be
made at the time of
the notice to the State-Wide One-Call Notice System.  A waiver made under this
Section is not admissible as evidence in any criminal or civil action that may
arise out of, or is in any way related to, the excavation or demolition that is
the subject of the waiver.

For the purposes of this Act,
underground facility operators may utilize a combination of flags, stakes,
and paint when possible on non-paved surfaces and when dig site and seasonal
conditions warrant.  If the approximate
location of an underground utility facility is marked with
stakes or other physical means, the following color coding shall be employed: