Full Text of HB5546 103rd General Assembly
HB5546enr 103RD GENERAL ASSEMBLY | | | HB5546 Enrolled | | LRB103 38732 CES 68869 b |
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| 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 1, 2, 3, | 6 | | 4, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12, 13, and 14 and by adding | 7 | | Sections 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 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. 96-714, eff. 1-1-10.) | 16 | | (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) | 17 | | Sec. 2. Definitions. As used in this Act, unless the | 18 | | context clearly otherwise requires, the terms specified in | 19 | | this Section Sections 2.1 through 2.11 have the meanings | 20 | | ascribed to them in this Section in those Sections . | 21 | | "Approximate location" means the location of the marked | 22 | | facility that lies entirely within the tolerance zone. |
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| 1 | | Circumstances that are "beyond the reasonable control" of | 2 | | a party include, but are not limited to, severe weather, | 3 | | unforeseen mechanical issues, or site conditions. As used in | 4 | | Section 11, "beyond the reasonable control" also includes, but | 5 | | is not limited to, notice volumes or dig site notification | 6 | | areas that exceed historical averages, as determined by the | 7 | | reasonable control measurement, created as a result of | 8 | | underground utility facility owners or operators or their | 9 | | contractors or subcontractors' non-emergency requests for | 10 | | utility excavation work for underground utility facility | 11 | | owners or operators, that is not part of a large project that | 12 | | has provided at least 60 days notice, and only applies to the | 13 | | requests submitted by underground utility facility owners or | 14 | | operators or their contractors or subcontractors' | 15 | | non-emergency utility excavation work for underground utility | 16 | | facility owners or operators. | 17 | | "Damage" means the contact or dislocation of a facility | 18 | | during excavation or demolition that necessitates immediate or | 19 | | subsequent repair by the underground utility facility owner or | 20 | | operator due to any partial or complete destruction of the | 21 | | facility, including, but not limited to, the protective | 22 | | coating, tracer wire, lateral support, cathodic protection, or | 23 | | housing for the line or device of the facility. | 24 | | "Damage notification" means a notification through JULIE | 25 | | to the underground utility facility owner or operator that | 26 | | damage to a facility has occurred in the area of the excavation |
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| 1 | | or demolition. | 2 | | "Day" means any day, beginning at 12:00 a.m. and ending at | 3 | | 11:59 p.m. "Day" does not include holidays recognized by | 4 | | JULIE, Saturdays, Sundays, and the day of the actual notice. | 5 | | "Demolition" means the wrecking, razing, rending, moving, | 6 | | or removing of a structure by means of any power tool, power | 7 | | equipment (exclusive of transportation equipment), or | 8 | | explosives. | 9 | | "Emergency request" means a request involving a condition | 10 | | (1) that constitutes an imminent danger to life, health, or | 11 | | property or a utility service outage (2) and that requires | 12 | | repair or action before the expiration of 2 days. | 13 | | "Excavation" means: | 14 | | (1) any operation in which earth, rock, or other | 15 | | material in or on the ground is moved, removed, or | 16 | | otherwise displaced by means of any tools, power equipment | 17 | | or explosives, and includes, without limitation, grading, | 18 | | trenching, digging, ditching, drilling, augering, boring, | 19 | | tunneling, scraping, cable or pipe plowing, saw cutting or | 20 | | roadway surface milling when penetrating into the base or | 21 | | subbase of a paved surface, and driving, but does not | 22 | | include: | 23 | | (A) farm tillage operations; | 24 | | (B) railroad right-of-way maintenance; | 25 | | (C) coal mining operations regulated under the | 26 | | federal Surface Mining Control and Reclamation Act of |
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| 1 | | 1977 or any State law or rules or regulations adopted | 2 | | under the federal statute; | 3 | | (D) land surveying operations as defined in the | 4 | | Illinois Professional Land Surveyor Act of 1989 when | 5 | | not using power equipment; | 6 | | (E) roadway surface milling; | 7 | | (F) manually inserting, without the use of power | 8 | | equipment, a temporary round-tipped ground or probe | 9 | | rod as part of facility locating; | 10 | | (G) manually inserting, without the use of power | 11 | | equipment, a temporary round-tipped probe rod for bar | 12 | | holing to determine the area of a potential leak from a | 13 | | facility transporting hazardous gases or liquids; or | 14 | | (H) manually inserting, without the use of power | 15 | | equipment, a round-tipped ground rod for the purpose | 16 | | of grounding utility equipment when an emergency | 17 | | exists and no other ground source is available. | 18 | | (2) An exclusion to this Section in no way prohibits a | 19 | | request from being made for the marking of facilities. | 20 | | (3) Any exception to excavation contained within this | 21 | | Section is not intended to remove liability that may be | 22 | | imposed against an individual or entity because of damage | 23 | | caused to a facility. | 24 | | "Excavator" means any person or legal entity, public or | 25 | | private, that engages in excavation or demolition work. | 26 | | "Exposed notification" means a notification through JULIE |
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| 1 | | to the underground utility facility owner or operator that an | 2 | | unmarked facility has been exposed in the area of the | 3 | | excavation or demolition but has not been damaged. | 4 | | "Extension" means a request made by an excavator, to | 5 | | extend the expiration date of a normal notice to allow | 6 | | additional time to continue or complete the excavation or | 7 | | demolition project. | 8 | | (1) An extension request may be made no earlier than | 9 | | the 20th day from the initial normal notice request or | 10 | | latest extension request. | 11 | | (2) An extension request shall extend the expiration | 12 | | of the initial normal notice request or latest extension | 13 | | request by 25 days. | 14 | | (3) An extension request may not be made simply to | 15 | | keep a prior notice open without continued excavation | 16 | | occurring within the period of that subsequent notice. | 17 | | "Geographic information system data" means data to be | 18 | | applied to JULIE software to facilitate a more clearly defined | 19 | | notification area for notices sent to the system underground | 20 | | utility facility owners or operators. "Geographic information | 21 | | system data" includes, but is not limited to: | 22 | | (1) address points with site addresses; | 23 | | (2) parcels with site addresses; | 24 | | (3) road center lines with names and address range; | 25 | | (4) city limits with names; | 26 | | (5) political townships with names; |
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| 1 | | (6) railroads with names; | 2 | | (7) streams with names; and | 3 | | (8) water bodies with names. | 4 | | "Historical averages" are used to determine benchmark | 5 | | notice volumes or dig site notification areas for a particular | 6 | | place. The notice volume is calculated for new and updated | 7 | | requests requiring an underground utility facility owner or | 8 | | operator response. It shall not include notices with a header | 9 | | of noshow, incomplete, or noremark. The dig site notification | 10 | | area is calculated using the dig site polygon on the notice. | 11 | | The 7 day look back shall be calculated once daily at the | 12 | | conclusion of the previous calendar day. "Historic averages" | 13 | | shall be determined by comparing notice volumes or dig site | 14 | | notification areas over the immediate past 7 calendar days to | 15 | | the same 7 calendar day period for the past 5 years. A 5-year | 16 | | trimmed mean, removing the highest and lowest years, and | 17 | | averaging the remaining 3 years, shall be the final | 18 | | determinate of this measurement. The official measurement of | 19 | | the notice volumes or dig site notification areas shall be | 20 | | provided by JULIE. | 21 | | "Incomplete request" means a notice initiated by an | 22 | | excavator through JULIE to the underground utility facility | 23 | | owners or operators notified in a prior request that such | 24 | | underground utility facility owners or operators, as | 25 | | identified by the excavator and confirmed, through the | 26 | | positive response system once implemented, in accordance with |
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| 1 | | subsection (a) of Section 5.1, did not completely mark the | 2 | | entire extent or the entire segment of the proposed | 3 | | excavation, as identified on the prior notice or as previously | 4 | | documented and mutually agreed upon. | 5 | | "Joint meet notification" means a notice of a meeting held | 6 | | prior to the excavation phase to discuss projects that cannot | 7 | | be adequately communicated within a normal notice request. The | 8 | | meeting is intended to allow the exchange of maps, plans, or | 9 | | schedules. It is not a locating session and shall be held at or | 10 | | near the excavation site, or through electronic means, if | 11 | | available and agreed to by all parties. "Joint meet | 12 | | notification" are not to be used in lieu of valid normal notice | 13 | | requests and are required for, but not limited to, large | 14 | | projects. | 15 | | "JULIE, Inc." or "JULIE" means the communication system | 16 | | known as "JULIE, Inc." or "JULIE", utilized by excavators, | 17 | | designers, or any other entities covered by this Act to notify | 18 | | underground utility facility owners or operators of their | 19 | | intent to perform excavation or demolition or similar work as | 20 | | defined by this Act and shall include all underground utility | 21 | | facilities owned or operated outside the city limits of the | 22 | | City of Chicago. | 23 | | "Large project" means a single excavation that exceeds the | 24 | | expiration date of a normal notice request, or involves a | 25 | | series of repetitive, related-scope excavations. | 26 | | "Normal notice request" means a notification made by an |
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| 1 | | excavator, through JULIE, in advance of a planned excavation | 2 | | or demolition. | 3 | | (1) The notification shall be made at least 2 days, | 4 | | but no more than 10 days, before beginning the planned | 5 | | excavation or demolition. | 6 | | (2) Excavation or demolition on a normal notice | 7 | | request is valid for 25 days from the date of the initial | 8 | | request unless a subsequent extension request is made. | 9 | | (3) Normal notice requests shall be limited to one | 10 | | quarter of a contiguous mile within a municipality and one | 11 | | contiguous mile within any unincorporated area, which | 12 | | includes townships. | 13 | | (4) Normal notice requests are valid for a single | 14 | | right-of-way with an exception for intersecting | 15 | | rights-of-way of 250 feet in all directions. Any | 16 | | excavation continuing beyond 250 feet on a connecting | 17 | | right-of-way shall require an additional request. | 18 | | "No show request" means a notice initiated by an excavator | 19 | | through JULIE to the underground utility facility owners or | 20 | | operators notified in the prior notice that such underground | 21 | | utility facility owners or operators, as identified by the | 22 | | excavator and confirmed, once implemented, in accordance with | 23 | | subsection (a) of Section 5.1, either failed to mark their | 24 | | facilities or to communicate their non-involvement with the | 25 | | excavation prior to the dig start date and time on the notice. | 26 | | "Notice" means any record transmitted to an underground |
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| 1 | | utility facility owner or operator of JULIE which shall | 2 | | include, but not be limited to, cancel, damage, emergency, | 3 | | exposed, extension, incomplete, joint meet, no show, normal, | 4 | | planning design, or re-mark. | 5 | | "Open cut utility locate" means a method of locating | 6 | | facilities that requires excavation by the underground utility | 7 | | facility owner or operator, or their contractor or | 8 | | subcontractor. | 9 | | "Place" means any incorporated city, village or town, or | 10 | | unincorporated township or road district, listed within the | 11 | | JULIE database. | 12 | | "Planning design request" means the process prior to the | 13 | | excavation phase of a project where information is gathered | 14 | | and decisions are made regarding the route or location of a | 15 | | proposed excavation. The use of the information that is | 16 | | obtainable pursuant to this Section is intended to minimize | 17 | | delays of future construction projects and not for imminent | 18 | | excavation. The underground utility facility owner or operator | 19 | | may indicate any portion of the information that is | 20 | | proprietary and require the planner or designer to protect the | 21 | | proprietary information. | 22 | | "Positive response system" means an automated system | 23 | | facilitated by JULIE allowing underground utility facility | 24 | | owners or operators to communicate to an excavator the | 25 | | presence, absence, or response status of any conflict between | 26 | | the existing facilities in or near the area of excavation or |
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| 1 | | demolition on each notice received. | 2 | | "Pre-mark" means the use of white paint, chalk, lathe, | 3 | | whiskers, flags, or electronic white lining using lines or | 4 | | polygons to delineate the work area at the site of the proposed | 5 | | excavation or demolition. Unless otherwise stated on the | 6 | | request, all pre-marks are considered a request for a 5-foot | 7 | | radius of an above ground fixed structure or single point | 8 | | pre-mark, or a 10-foot-wide path for linear work. | 9 | | (1) Physical pre-marking for the area of the planned | 10 | | excavation or demolition shall be accomplished prior to | 11 | | notifying JULIE if the area of excavation cannot be | 12 | | clearly and adequately identified in the normal notice | 13 | | request. | 14 | | (2) Electronic white lining may be used when | 15 | | available. Electronic white lining provides an alternative | 16 | | method where an excavator may indicate their defined dig | 17 | | area visually by electronic data entry, including lines or | 18 | | polygons, without the need for a physical site visit. The | 19 | | technology allows the excavator to identify for the | 20 | | underground utility facility owner or operator a clear | 21 | | delineation of their proposed excavation area. | 22 | | (3) A verbal or written pre-mark is adequate when the | 23 | | scope requested to be marked is narrow and explicit enough | 24 | | to prevent marking beyond the actual area of excavation or | 25 | | demolition. An existing above ground fixed structure may | 26 | | be referenced as a verbal or written pre-mark. |
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| 1 | | "Project owner" means the person or legal entity, public | 2 | | or private, that is financially responsible for the | 3 | | undertaking of a project that involves excavation or | 4 | | demolition. | 5 | | "Reasonable control measurement" shall use the historical | 6 | | averages and add to the calculation either of the following | 7 | | conditions that shall be met for the place to be considered | 8 | | beyond the reasonable control of the underground utility | 9 | | facility owner or operator: | 10 | | (1) the total notice volume count over the previous 7 | 11 | | calendar days shall increase by more than 15% of the | 12 | | historic average, and increase by not less than 25 | 13 | | additional notices over the previous 7 calendar days; or | 14 | | (2) the total dig site notification area over the | 15 | | previous 7 calendar days shall increase by more than 15% | 16 | | of the historic average, and not less than 0.4 additional | 17 | | square miles over the previous 7 calendar days. | 18 | | The official measurement shall be provided by JULIE. | 19 | | "Residential property owner" means any individual or | 20 | | entity that owns or leases real property that is used by the | 21 | | individual or entity as its residence or dwelling. Residential | 22 | | property owner does not include any persons who own or lease | 23 | | residential property for the purpose of holding or developing | 24 | | such property or for any other business or commercial | 25 | | purposes. | 26 | | "Roadway surface milling" means the removal of a uniform |
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| 1 | | pavement section by rotomilling, grinding, saw cutting, or | 2 | | other means that does not penetrate into the roadway base or | 3 | | subbase. | 4 | | "Service lateral" means underground facilities located in | 5 | | a public right-of-way or utility easement that connects an end | 6 | | user's building or property to an underground utility facility | 7 | | owner's or operator's facility. | 8 | | "Submerged" means any facility installed below the surface | 9 | | of a lake, river, or navigable waterway. | 10 | | "Tolerance zone" means: | 11 | | (1) if the diameter of the underground utility | 12 | | facility is indicated, the distance of one-half of the | 13 | | known diameter plus one and one-half feet on either side | 14 | | of the designated center line of the underground utility | 15 | | facility marking; | 16 | | (2) if the diameter of the underground utility | 17 | | facility is not indicated, one and one-half feet on either | 18 | | side of the outside edge of the underground utility | 19 | | facility marking; or | 20 | | (3) if submerged, a distance of 30 feet on either side | 21 | | of the indicated facility. | 22 | | The underground utility facility markings provided | 23 | | shall not indicate that the width of the marked | 24 | | underground utility facility is any greater than the | 25 | | actual width of the underground utility facility or 2 | 26 | | inches, whichever is greater. The tolerance zone shall |
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| 1 | | also apply to visible utility structures, including, but | 2 | | not limited to, poles with overhead to underground | 3 | | transitions, pedestals, transformers, meters, hydrants, | 4 | | and valve boxes. There shall be a one and one-half foot | 5 | | tolerance zone horizontally around such facilities. | 6 | | "Underground utility facility" or "facility" means and | 7 | | includes wires, ducts, fiber optic cable, conduits, pipes, | 8 | | sewers, and cables and their connected appurtenances installed | 9 | | or existing beneath the surface of the ground or submerged and | 10 | | either owned, operated, or controlled by: | 11 | | (1) a public utility as defined in the Public | 12 | | Utilities Act; | 13 | | (2) a municipally owned or mutually owned utility | 14 | | providing a similar utility service; | 15 | | (3) a pipeline entity transporting gases, crude oil, | 16 | | petroleum products, or other hydrocarbon materials within | 17 | | the State; | 18 | | (4) a telecommunications carrier as defined in the | 19 | | Universal Telephone Service Protection Law of 1985, or by | 20 | | a company described in Section 1 of the Telephone Company | 21 | | Act; | 22 | | (5) a community antenna television system, as defined | 23 | | in the Illinois Municipal Code or the Counties Code; | 24 | | (6) a holder or broadband service, as those terms are | 25 | | defined in the Cable and Video Competition Law of 2007; | 26 | | (7) any other entity owning or operating underground |
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| 1 | | facilities that transport or generate electrical power to | 2 | | other utility owners or operators; | 3 | | (8) an electric cooperative as defined in the Public | 4 | | Utilities Act; and | 5 | | (9) any other active member of JULIE. | 6 | | (Source: P.A. 94-623, eff. 8-18-05.) | 7 | | (220 ILCS 50/3) (from Ch. 111 2/3, par. 1603) | 8 | | Sec. 3. JULIE Membership. The owners or operators of | 9 | | underground utility facilities are required to be members of | 10 | | JULIE. JULIE shall require that all facility information | 11 | | needed to operate JULIE within each underground utility | 12 | | facility owner's or operator's domain be identified and | 13 | | provided by the underground utility facility owner or operator | 14 | | to JULIE or CATS facilities that are not currently | 15 | | participants in the State-Wide One-Call Notice System shall, | 16 | | within 6 months of the effective date of this Act, join the | 17 | | State-Wide One-Call Notice System. This Section shall not | 18 | | apply to utilities operating facilities or CATS facilities | 19 | | exclusively within the boundaries of a municipality with a | 20 | | population of at least one million persons . | 21 | | (Source: P.A. 86-674.) | 22 | | (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604) | 23 | | Sec. 4. Required activities. Every excavator person who | 24 | | engages in nonemergency excavation or demolition shall: |
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| 1 | | (a) take reasonable action to inform the excavator | 2 | | himself of the location of any underground utility | 3 | | facilities in and near the area for which such operation | 4 | | is to be conducted; | 5 | | (b) plan the excavation or demolition to avoid or | 6 | | minimize interference with underground utility facilities | 7 | | within the tolerance zone by utilizing such precautions | 8 | | that include, but are not limited to, hand or excavation, | 9 | | vacuum excavation methods to the depth of the proposed | 10 | | excavation or demolition , and visually inspecting the | 11 | | excavation while in progress until clear of the | 12 | | approximate location of the existing marked facility; | 13 | | (c) pre-mark the area of excavation if practical, use | 14 | | white paint, flags, stakes, or both, to outline the dig | 15 | | site ; | 16 | | (d) provide notice not less than 2 days 48 hours but no | 17 | | more than 10 14 calendar days in advance of the start of | 18 | | the excavation or demolition to the owners or operators of | 19 | | the underground utility facilities at or in and near the | 20 | | excavation or demolition area through JULIE the State-Wide | 21 | | One-Call Notice System or, in the case of nonemergency | 22 | | excavation or demolition within the boundaries of a | 23 | | municipality of at least one million persons which | 24 | | operates its own one-call notice system, through the | 25 | | one-call notice system which operates in that | 26 | | municipality . |
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| 1 | | At a minimum, the notice required under this | 2 | | subsection (d) shall provide: | 3 | | (1) the excavator's person's name, address, phone | 4 | | number at which the excavator a person can be reached, | 5 | | and fax number , if available , a fax number and email | 6 | | address ; | 7 | | (2) the start date and time of the planned | 8 | | excavation or demolition; | 9 | | (3) the county and place or places all counties, | 10 | | cities, or townships, or any combination thereof, | 11 | | where the proposed excavation shall take place; | 12 | | (4) the address or location at which the | 13 | | excavation or demolition shall take place; | 14 | | (5) the type of work, and extent , and description | 15 | | of the area where the excavation or demolition is to | 16 | | occur of the work involved ; and | 17 | | (6) the section or quarter sections when the | 18 | | information in items (1) through (5) of this | 19 | | subsection (d) does not allow JULIE the State-Wide | 20 | | One-Call Notice System to determine the appropriate | 21 | | excavation or demolition site. This item (6) does not | 22 | | apply to residential property owners; | 23 | | (7) an indication of whether directional boring or | 24 | | horizontal directional drilling will be used; | 25 | | (8) an indication of whether the excavation will | 26 | | exceed 7 feet in depth; |
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| 1 | | (9) an indication of how the proposed excavation | 2 | | or demolition has been pre-marked; | 3 | | (10) the identity of the project owner; and | 4 | | (11) the latitude and longitude of the relevant | 5 | | area, if available. | 6 | | The information specified in items (1) through (10) is | 7 | | still required when providing latitude and longitude; | 8 | | (e) provide, during and following excavation or | 9 | | demolition, such support for existing underground utility | 10 | | facilities in and near the excavation or demolition area | 11 | | as may be reasonably necessary for the protection of such | 12 | | facilities and known service laterals unless otherwise | 13 | | agreed to by the owner or operator of the underground | 14 | | facility or owners of any known service laterals ; | 15 | | (f) backfill all excavations in such manner and with | 16 | | such materials as may be reasonably necessary for the | 17 | | protection of existing underground utility facilities in | 18 | | and near the excavation or demolition area; | 19 | | (g) after February 29, 2004, when the excavation or | 20 | | demolition project will extend past 28 calendar days from | 21 | | the 25-day expiration date of the original notice provided | 22 | | under clause (d) or a subsequent extension notice, if | 23 | | marks are requested, the excavator shall pre-mark prior to | 24 | | requesting any subsequent extension notice , the excavator | 25 | | shall provide a subsequent notice to the owners or | 26 | | operators of the underground utility 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 | | excavation or demolition within the boundaries of a | 4 | | municipality having a population of at least 1,000,000 | 5 | | inhabitants that operates its own one-call notice system, | 6 | | through the one-call notice system that operates in that | 7 | | municipality informing utility owners and operators that | 8 | | additional time to complete the excavation or demolition | 9 | | project will be required. The notice will provide the | 10 | | excavator with an additional 28 calendar days from the | 11 | | date of the subsequent notification to continue or | 12 | | complete the excavation or demolition project ; | 13 | | (h) exercise due care at all times to protect | 14 | | underground utility facilities and known service laterals . | 15 | | If, after proper notification through JULIE the State-Wide | 16 | | One-Call Notice System and upon arrival at the site of the | 17 | | proposed excavation, the excavator observes clear evidence | 18 | | of the presence of an unmarked or incompletely marked | 19 | | facility utility in the area of the proposed excavation, | 20 | | the excavator shall provide subsequent notice through | 21 | | JULIE of the unmarked or incompletely marked area and | 22 | | shall not begin excavating until all affected facilities | 23 | | have been marked or 2 hours , whichever is shorter, unless | 24 | | a greater time is provided by the excavator through JULIE | 25 | | after an additional call is made to the State-Wide | 26 | | One-Call Notice System for the area . The underground |
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| 1 | | utility facility owner or operator of the facility utility | 2 | | shall respond within 2 hours unless a greater time is | 3 | | provided by the excavator through JULIE of the excavator's | 4 | | call to the State-Wide One-Call Notice System ; and | 5 | | (i) when factors, including, but not limited to, | 6 | | weather, construction activity, or vandalism, at the | 7 | | excavation site have caused the facility utility markings | 8 | | to become faded or indistinguishable, the excavator shall | 9 | | pre-mark again and provide a re-mark request an additional | 10 | | notice through JULIE the State-Wide One-Call Notice System | 11 | | requesting that only the affected areas where excavation | 12 | | or demolition is to continue be re-marked. Underground | 13 | | utility facility Facility owners or operators must respond | 14 | | to the notice to re-mark by the dig start date and time on | 15 | | the notice; and according to the requirements of Section | 16 | | 10 of this Act. | 17 | | (j) for informational and planning purposes only, | 18 | | prior notice of large projects may be provided to | 19 | | underground utility facility owners or operators through | 20 | | JULIE greater than 10 days in advance of the large project | 21 | | commencing. | 22 | | Nothing in this Section prohibits the use of any method of | 23 | | excavation if conducted in a manner that would avoid | 24 | | interference with underground utility facilities. | 25 | | (Source: P.A. 96-714, eff. 1-1-10.) |
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| 1 | | (220 ILCS 50/4.1 new) | 2 | | Sec. 4.1. Watch and protect. | 3 | | (a) If, upon notice from JULIE, an underground utility | 4 | | facility owner or operator determines that the facility is | 5 | | within the proposed excavation area and the underground | 6 | | utility facility owner or operator desires to have an | 7 | | authorized representative present during excavation near the | 8 | | facility, the underground utility facility owner or operator | 9 | | shall contact the excavator prior to the dig start date and | 10 | | time provided on the notice to schedule a date and time for the | 11 | | underground utility facility owner or operator to be present | 12 | | when excavation will occur near the facility. | 13 | | (b) All excavators shall comply with the underground | 14 | | utility facility owner's or operator's request to be present | 15 | | during excavation near a owner or operator's facilities. In | 16 | | lieu of having an authorized representative present, the | 17 | | underground utility facility owner or operator may choose to | 18 | | perform an open cut utility locate of the facility to expose | 19 | | its location. The underground utility facility owner or | 20 | | operator shall comply with the excavator's schedule for when | 21 | | excavation will occur near the facility. | 22 | | (c) After excavation has started, if excavation near the | 23 | | underground utility facilities stops by more than one day and | 24 | | then recommences, the excavator shall establish direct contact | 25 | | with the underground utility facility owner or operator not | 26 | | less than one day prior to the excavation, each time the |
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| 1 | | excavation is to occur, to advise the underground utility | 2 | | facility owner or operator of the excavation taking place. | 3 | | (d) Nothing in this Section shall prohibit an excavator | 4 | | from excavating prudently and carefully near the underground | 5 | | utility facility without the underground utility facility | 6 | | owner or operator present if the underground utility facility | 7 | | owner or operator waives the request to be present or to | 8 | | complete an open cut utility locate exposing the facility or | 9 | | is unable to comply with the excavator's schedule. | 10 | | (220 ILCS 50/5.1 new) | 11 | | Sec. 5.1. Positive response system. | 12 | | (a) Beginning January 1, 2026, an excavator shall confirm | 13 | | through the positive response system prior to excavation or | 14 | | demolition that all underground utility facility owners or | 15 | | operators that are identified on the notice have provided a | 16 | | status update, responded, or marked or provided an all-clear | 17 | | notification. | 18 | | (b) Beginning January 1, 2026, an underground utility | 19 | | facility owner or operator shall respond through the positive | 20 | | response system by the dig start date and time on the notice | 21 | | with an appropriate and accurate system code. A minimal delay | 22 | | not to exceed one hour or when the marking of the facilities is | 23 | | complete, whichever is longer, in reporting a system code in | 24 | | response to an emergency request shall not be a violation of | 25 | | this Section. |
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| 1 | | (c) If an underground utility facility owner or operator | 2 | | fails to respond or provide a status update through the | 3 | | positive response system by the dig start date and time on the | 4 | | notice, or a later time as otherwise agreed upon and submitted | 5 | | through the positive response system, JULIE shall transmit an | 6 | | additional notification to that underground utility facility | 7 | | owner or operator and shall continue to send out daily | 8 | | notifications until the positive response system receives a | 9 | | response confirming compliance with this Section. | 10 | | (d) If an underground utility facility owner or operator | 11 | | fails to respond or provide a status update to the positive | 12 | | response system, the excavator may proceed after providing a | 13 | | no show or incomplete request through JULIE. The notified | 14 | | underground utility facility owners or operators shall respond | 15 | | by the dig start date and time on the notice. | 16 | | (e) If all notified underground utility facility owners or | 17 | | operators have responded as "marked" or "clear" prior to the | 18 | | expiration of the dig start date and time on the notice, the | 19 | | wait time shall be considered expired and no additional wait | 20 | | time is required prior to commencing with the excavation or | 21 | | demolition work listed on the notice. | 22 | | (220 ILCS 50/5.2 new) | 23 | | Sec. 5.2. Planning design request. | 24 | | (a) An underground utility facility owner or operator | 25 | | shall have the following responsibilities: |
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| 1 | | (1) respond to a valid planning design request within | 2 | | 10 days after receiving the request or by such other date | 3 | | as shall be mutually agreed upon between the underground | 4 | | utility facility owner or operator and the designer or | 5 | | planner. The underground utility facility owner or | 6 | | operator shall provide information regarding the location, | 7 | | size, if greater than 1.5 inches in diameter, which shall | 8 | | be generically listed as communication, electric, gas, | 9 | | water, sewer, streetlight, or traffic control and if | 10 | | direct buried or in conduit or a duct package, of | 11 | | facilities based on the best information available to the | 12 | | underground utility facility owner or operator within the | 13 | | scope of the proposed project; | 14 | | (2) respond to a planning design request in one of the | 15 | | following methods: | 16 | | (A) provide the most current digital, KMZ file or | 17 | | shapefile, or paper drawings or prints, that are drawn | 18 | | to scale, when available, and include visible utility | 19 | | structures, including measurements from back of curb, | 20 | | sidewalk, edge of pavement, centerline of ditch, | 21 | | property lines, and other similar items; | 22 | | (B) request the proposed plans or drawings from | 23 | | the designer or planner and illustrate the location of | 24 | | the underground utility facility owner's or operator's | 25 | | facilities, drawn to scale, and, if available, provide | 26 | | the type and size, as described in paragraph (1), of |
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| 1 | | the facilities, including visible structures on the | 2 | | plans; | 3 | | (C) locate and mark the underground utility | 4 | | facility owner's or operator's facilities within the | 5 | | scope of the proposed project, as agreed to with the | 6 | | planner or designer; | 7 | | (D) if the responding underground utility facility | 8 | | owner or operator is unable to comply with paragraph | 9 | | (A) or (B), then the underground utility facility | 10 | | owner or operator shall mark the facilities within the | 11 | | scope of the proposed project, as agreed to with the | 12 | | planner or designer; or | 13 | | (E) if marking of infrastructure is the preferred | 14 | | or required response of the underground utility | 15 | | facility owner or operator, the underground utility | 16 | | facility owner or operator need only mark main line | 17 | | facilities or any service lines that would otherwise | 18 | | be considered main line due to size or type, as | 19 | | described in paragraph (1); and | 20 | | (3) may charge a nominal fee to locate and mark the | 21 | | proposed project, as described in subparagraph (C) or (D) | 22 | | of paragraph (2). | 23 | | (b) The planner or designer shall have the following | 24 | | responsibilities: | 25 | | (1) follow the guidelines set forth in CI/ASCE 38-02 | 26 | | Standard Guidelines for the Collection and Depiction of |
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| 1 | | Existing Subsurface Utility Data, as from time to time | 2 | | amended, when preparing plans or drawings; | 3 | | (2) illustrate on all appropriate documents the | 4 | | position, size, and type, as described in paragraph (1) of | 5 | | subsection (a), of all known facilities obtained in the | 6 | | planning design request process and include the valid | 7 | | planning design request number provided by JULIE on any | 8 | | plans or drawings; and | 9 | | (3) make all reasonable efforts to prepare the plans | 10 | | or drawings to minimize interference with known existing | 11 | | and proposed facilities in the proposed project area. | 12 | | (c) A planning design request shall include the following | 13 | | information: | 14 | | (1) name, address, telephone number, office and cell | 15 | | phone, and, if available, email address of the designated | 16 | | contact requesting the information; | 17 | | (2) name, address, telephone number, office and cell | 18 | | phone, and, if available, email address of the project | 19 | | owner; | 20 | | (3) the approximate date when the facility information | 21 | | is required; and | 22 | | (4) the specific area requiring facility information | 23 | | by one or more of the following means: | 24 | | (A) the county and place or places involved in the | 25 | | proposed project; | 26 | | (B) street names involved in the proposed project |
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| 1 | | or the north, south, east, and west boundaries of the | 2 | | proposed project or the section number or numbers | 3 | | involved in the proposed project; | 4 | | (C) latitude and longitude coordinates of the | 5 | | outside edges of the proposed project; | 6 | | (D) digital data such as, but not limited to, | 7 | | shapefiles when technology and software allow; and | 8 | | (E) the type of work projected to take place | 9 | | within the proposed project. | 10 | | Any known site-specific facility information shall be made | 11 | | available to the project owner to be delivered to qualified | 12 | | bidders of the proposed project. | 13 | | (220 ILCS 50/5.3 new) | 14 | | Sec. 5.3. Joint meet notification. | 15 | | (a) A joint meet notification shall include the following | 16 | | information: | 17 | | (1) the excavator's name, address, phone number at | 18 | | which the excavator can be reached, and, if available, a | 19 | | fax number and email address; | 20 | | (2) the county and place or places where the work will | 21 | | be performed; | 22 | | (3) street names involved in the project or the north, | 23 | | south, east, and west boundaries of the project or the | 24 | | section number or numbers involved in the project; | 25 | | (4) the date, time, and location where the joint meet |
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| 1 | | will take place, which shall be near the project site; and | 2 | | (5) a minimum advance notice of the joint meet of 2 | 3 | | days, but no more than 60 days prior to the planned start | 4 | | of excavation or demolition. | 5 | | (b) Upon the receipt of a joint meet notification, an | 6 | | underground utility facility owner or operator shall attend | 7 | | the joint meet, either in-person or remotely, at the specified | 8 | | time and location. If there is a conflict between joint meet | 9 | | notifications, an excavator that provided a joint meet | 10 | | notification may receive a communication from an underground | 11 | | utility facility owner or operator requesting an alternate | 12 | | meeting time or date. | 13 | | (c) When a joint meet notification occurs as part of a | 14 | | large project, the excavator shall notify the project owner | 15 | | and the designer or planner when and where the joint meet is to | 16 | | occur. | 17 | | (d) Multiple joint meets shall be required in the case of a | 18 | | large project that extends into multiple places. The excavator | 19 | | shall schedule, at a minimum, one joint meet per place to | 20 | | accommodate travel restrictions of responding underground | 21 | | utility facility owners or operators. A single electronic | 22 | | meeting covering multiple places is also acceptable. | 23 | | (e) Prior to the meeting, the excavator shall physically | 24 | | or electronically pre-mark the extent of the initial request | 25 | | for the proposed excavation area or route if normal notice | 26 | | requests are planned to be submitted with excavation beginning |
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| 1 | | after the minimum advance notice of 2 days after the joint | 2 | | meet. The minimum advance notice for a large project is 5 days. | 3 | | (f) The individuals participating in the joint meet shall | 4 | | agree to their individual obligations consistent with the | 5 | | project. The underground utility facility owner or operator, | 6 | | along with the excavator involved, shall work in a cooperative | 7 | | manner to negotiate in good faith. These obligations may vary | 8 | | from project to project. The individuals participating at the | 9 | | joint meet shall have the flexibility to make decisions | 10 | | consistent with the project's parameters. The individuals | 11 | | participating in the joint meet are not required to set | 12 | | specific standards for all projects. | 13 | | (g) The scope of the project shall be defined at the joint | 14 | | meet and specific project details, including, but not limited | 15 | | to, the number of phases, and the number of excavation crews | 16 | | working for the contractor or subcontractors, to the extent | 17 | | that the information can be determined. | 18 | | (h) The size and number of normal notice requests agreed | 19 | | to be submitted at one time at the joint meet shall be | 20 | | documented by the excavator in the meeting notes and made | 21 | | available to those participating in the joint meet. Any | 22 | | mutually agreed upon initial or amended meeting notes shall, | 23 | | at a minimum, include: (1) the date and time of the | 24 | | interaction; (2) all names of the individuals involved, and | 25 | | (3) an acknowledgment by the individuals that agreed to the | 26 | | meeting notes. Meeting notes shall be retained by the |
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| 1 | | excavator through JULIE, Inc., for at least 5 years after the | 2 | | date of the joint meet. | 3 | | (i) If an underground utility facility owner or operator | 4 | | fails to attend the joint meet and does not request an | 5 | | alternate time or date to meet prior to commencement of | 6 | | excavation, the excavator may proceed according to the | 7 | | agreement reached with those attending the meeting. | 8 | | (j) Within 60 days after the joint meet, the excavator | 9 | | shall submit the normal notice requests consistent with the | 10 | | agreements reached at the joint meet. | 11 | | (k) The initial normal notice requests submitted after the | 12 | | joint meet shall require a minimum of 2 days advance notice and | 13 | | 5 days advance notice for large projects. All remaining normal | 14 | | notice requests shall be submitted in agreement with the joint | 15 | | meet schedule and provide a minimum advance notice of 2 days. | 16 | | The excavator shall not submit normal notice requests until | 17 | | after the joint meet. | 18 | | (l) If the project start is delayed more than 60 days, or | 19 | | the scope of the project changes after the joint meet has been | 20 | | held and the locate schedule agreed to, a new joint meet | 21 | | notification shall be required. | 22 | | (m) If an excavator creates multiple normal notice | 23 | | requests for a single project without a joint meet being held, | 24 | | an affected underground utility facility owner or operator may | 25 | | contact the excavator and recommend the excavator follow the | 26 | | joint meet process to assist in working out a locate schedule. |
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| 1 | | A notified excavator that fails to follow the joint meet | 2 | | process may realize delays in marking of facilities on their | 3 | | project. In accordance with subsection (e) of Section 10, a | 4 | | delay in marking is not necessarily deemed a violation of this | 5 | | Act. | 6 | | (220 ILCS 50/5.4 new) | 7 | | Sec. 5.4. Geographic information system data. Geographic | 8 | | information system data shall be provided to JULIE by any | 9 | | county or State agency that has provided substantially similar | 10 | | data to any other not-for-profit or State agency utilizing | 11 | | such data for public display of information or to be utilized | 12 | | by a not-for-profit or agency in the interest of public | 13 | | safety. This data shall be provided to JULIE at a cost not to | 14 | | exceed the actual cost of transmission of the data. | 15 | | (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606) | 16 | | Sec. 6. Emergency excavation or demolition. | 17 | | (a) Every excavator person who engages in emergency | 18 | | excavation or demolition outside of the boundaries of a | 19 | | municipality of at least one million persons which operates | 20 | | its own one-call notice system shall take all reasonable | 21 | | precautions to avoid or minimize interference between the | 22 | | emergency work and existing underground utility facilities in | 23 | | and near the excavation or demolition area, through the | 24 | | State-Wide One-Call Notice System, and shall notify, as far in |
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| 1 | | advance as possible, the underground utility facility owners | 2 | | or operators of such underground utility facilities in and | 3 | | near the emergency excavation or demolition area, through | 4 | | JULIE the State-Wide One-Call Notice System . At a minimum, the | 5 | | notice required under this subsection (a) shall provide: | 6 | | (1) the excavator's person's name, address, and (i) | 7 | | phone number at which the excavator with knowledge of the | 8 | | emergency excavation or demolition a person can be reached | 9 | | and (ii) fax number , if available , a fax number and email | 10 | | address ; | 11 | | (2) the start date and time of the planned emergency | 12 | | excavation or demolition; | 13 | | (3) the address or location at which the emergency | 14 | | excavation or demolition will take place; and | 15 | | (4) the type of work, extent, and description of the | 16 | | area where the emergency excavation or demolition is to | 17 | | occur; and | 18 | | (5) the county and place or places where the emergency | 19 | | excavation or demolition will take place and extent of the | 20 | | work involved . | 21 | | (b) There is a minimum wait time of 2 hours or the date and | 22 | | time requested on the notice, whichever is longer, after an | 23 | | emergency locate notification request is made through JULIE | 24 | | the State-Wide One-Call Notice System . If the conditions at | 25 | | the site dictate an earlier start than the date and time on the | 26 | | notice required wait time , it is the responsibility of the |
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| 1 | | excavator to demonstrate that site conditions warranted this | 2 | | earlier start time. | 3 | | (c) Upon notice by the excavator person engaged in | 4 | | emergency excavation or demolition, the underground utility | 5 | | facility owner or operator owner or operator of an underground | 6 | | utility facility in or near the excavation or demolition area | 7 | | shall communicate with the excavator person engaged in | 8 | | emergency excavation or demolition within 2 hours or by the | 9 | | date and time requested on the notice, whichever is longer by : | 10 | | (1) marking the approximate location of underground | 11 | | facilities; | 12 | | (2) advising the excavator person excavating that | 13 | | their underground facilities are not in conflict with the | 14 | | emergency excavation or demolition ; or | 15 | | (3) notifying the excavator person excavating that the | 16 | | underground utility facility owner or operator shall be | 17 | | delayed in marking because of conditions as referenced in | 18 | | subsection (g) of Section 11 of this Act. | 19 | | (d) The notice by the underground utility facility owner | 20 | | or operator to the excavator shall be provided utilizing the | 21 | | positive response system, in accordance with Section 5.1, and | 22 | | prior to January 1, 2026 may also person engaged in emergency | 23 | | excavation or demolition may be provided by phone or phone | 24 | | message or by marking the excavation or demolition area. The | 25 | | underground utility facility owner or operator has discharged | 26 | | the underground utility facility owner's or operator's |
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| 1 | | obligation to provide notice under this Section if the | 2 | | underground utility facility owner or operator attempts to | 3 | | provide notice by positive response or by telephone but is | 4 | | unable to do so because the excavator person engaged in the | 5 | | emergency excavation or demolition does not answer the his or | 6 | | her telephone or does not have an answering machine , or | 7 | | answering service , or voicemail to receive the telephone call | 8 | | or positive response, in accordance with Section 5.1 . If the | 9 | | underground utility facility owner or operator attempts to | 10 | | provide additional notice by telephone or by facsimile but | 11 | | receives a busy signal, that attempt shall not discharge the | 12 | | underground utility facility owner or operator from the | 13 | | obligation to provide notice under this Section. | 14 | | (b) Every person who engages in emergency excavation or | 15 | | demolition within the boundaries of a municipality of at least | 16 | | one million persons which operates its own one-call notice | 17 | | system shall take all reasonable precautions to avoid or | 18 | | minimize interference between the emergency work and existing | 19 | | underground utility facilities in and near the excavation or | 20 | | demolition area, through the municipality's one-call notice | 21 | | system, and shall notify, as far in advance as possible, the | 22 | | owners and operators of underground utility facilities in and | 23 | | near the emergency excavation or demolition area, through the | 24 | | municipality's one-call notice system. | 25 | | (e) (c) The reinstallation of traffic control devices | 26 | | shall be deemed an emergency for purposes of this Section. |
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| 1 | | (f) (d) An open cut utility locate shall be deemed an | 2 | | emergency for purposes of this Section. | 3 | | (g) During an emergency situation, where the underground | 4 | | utility facility owner or operator has a widespread emergency | 5 | | situation beyond the equipment or personnel capabilities to | 6 | | facilitate a timely repair or correction of the emergency, the | 7 | | underground utility facility owner or operator may utilize | 8 | | subcontractors to facilitate the work without a separate | 9 | | emergency notice by the subcontractor. The underground utility | 10 | | facility owner or operator shall be responsible for the | 11 | | actions of the subcontractor, unless the subcontractor has | 12 | | obtained the subcontractor's own emergency notice. | 13 | | (h) Emergency notices provided through JULIE shall expire | 14 | | 10 days after the date of the notice. | 15 | | (Source: P.A. 96-714, eff. 1-1-10.) | 16 | | (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607) | 17 | | Sec. 7. Damage or dislocation. | 18 | | (a) In the event of any damage to or dislocation of any | 19 | | underground utility facilities in connection with any | 20 | | excavation or demolition, emergency or nonemergency, the | 21 | | excavator person responsible for the excavation or demolition | 22 | | operations shall immediately notify the affected underground | 23 | | utility facility owner or operator and JULIE utility and the | 24 | | State-Wide One-Call Notice System and cease excavation in the | 25 | | area of the damage when the damaged facility is a threat to |
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| 1 | | life or property or if otherwise required by law or, in the | 2 | | case of damage or dislocation in connection with any | 3 | | excavation or demolition within the boundaries of a | 4 | | municipality having a population of at least 1,000,000 | 5 | | inhabitants that operates its own one-call notice system, | 6 | | notify the affected utility and the one-call notice system | 7 | | that operates in that municipality . | 8 | | (b) The excavator person responsible for the excavation or | 9 | | demolition shall not attempt to repair, clamp, or constrict | 10 | | the damaged utility facility unless under the direct | 11 | | supervision or advisement of the underground utility facility | 12 | | owner or operator. At no time shall an excavator a person under | 13 | | this Act be required by an underground a utility facility | 14 | | owner or operator to attempt to repair, clamp, or constrict a | 15 | | damaged utility facility. In the event of any damage to any | 16 | | underground utility facility that results in the escape of any | 17 | | flammable, toxic, or corrosive gas or liquid, the excavator | 18 | | person responsible for the excavation or demolition shall call | 19 | | 9-1-1 and notify authorities of the damage. | 20 | | (c) Underground utility facility owners Owners and | 21 | | operators of underground utility facilities that are damaged , | 22 | | and the excavator involved , shall work in a cooperative and | 23 | | expeditious manner to repair the affected facility utility . | 24 | | (d) The underground utility facility owner or operator | 25 | | shall provide to JULIE a phone number with a dedicated | 26 | | extension, if applicable, that can be provided to the |
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| 1 | | excavator allowing immediate notification by the excavator to | 2 | | the underground utility facility owner or operator of the | 3 | | potential damage. | 4 | | (e) At a minimum, the notice required under this Section | 5 | | shall provide: | 6 | | (1) a reference to the original excavation or | 7 | | demolition notice, if one exists; | 8 | | (2) the type of facility damaged, if known; | 9 | | (3) the name of the affected underground utility | 10 | | facility owner or operator, if known; and | 11 | | (4) the location of the damaged facility at the | 12 | | excavation or demolition site. | 13 | | (Source: P.A. 96-714, eff. 1-1-10.) | 14 | | (220 ILCS 50/7.5 new) | 15 | | Sec. 7.5. Exposed facility. | 16 | | (a) If any previously unmarked facility is exposed during | 17 | | excavation or demolition, emergency or nonemergency, the | 18 | | excavator responsible for the excavation or demolition | 19 | | operations shall immediately notify JULIE. | 20 | | (b) At a minimum, the notice required under this Section | 21 | | shall provide: | 22 | | (1) a reference to the original excavation or | 23 | | demolition notice, if one exists; | 24 | | (2) the type of exposed facility, if known; | 25 | | (3) the name of the affected underground utility |
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| 1 | | facility owner or operator, if known; and | 2 | | (4) the location of the exposed facility at the | 3 | | excavation or demolition site. | 4 | | (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608) | 5 | | Sec. 8. Liability or financial responsibility. | 6 | | (a) Nothing in this Act shall be deemed to affect or | 7 | | determine the financial responsibility for any operation under | 8 | | this Act or liability of any entity or individual person for | 9 | | any damages that occur unless specifically stated otherwise. | 10 | | (b) Nothing in this Act shall be deemed to provide for | 11 | | liability or financial responsibility of the Department of | 12 | | Transportation, its officers and employees concerning any | 13 | | underground utility facility or CATS facility located on | 14 | | highway right-of-way by permit issued under the provisions of | 15 | | Section 9-113 of the Illinois Highway Code. It is not the | 16 | | intent of this Act to change any remedies in law regarding the | 17 | | duty of providing lateral support. | 18 | | (c) Neither JULIE the State-Wide One-Call Notice System | 19 | | nor any of its officers, agents, or employees shall be liable | 20 | | for damages for injuries or death to persons or damage to | 21 | | property caused by acts or omissions in the receipt, | 22 | | recording, or transmission of notices locate requests or other | 23 | | information in the performance of its duties as JULIE the | 24 | | State-Wide One-Call Notice System , unless the act or omission | 25 | | was the result of willful and wanton misconduct. |
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| 1 | | (d) Any residential property owner who fails to comply | 2 | | with any provision of this Act and damages underground utility | 3 | | facilities or CATS facilities while engaging in excavation or | 4 | | demolition on such residential property shall not be subject | 5 | | to a penalty under this Act, but shall be liable for the damage | 6 | | caused to the underground utility facility owners or operators | 7 | | owner or operator of the damaged underground utility | 8 | | facilities or CATS facilities . | 9 | | (Source: P.A. 92-179, eff. 7-1-02.) | 10 | | (220 ILCS 50/9) (from Ch. 111 2/3, par. 1609) | 11 | | Sec. 9. Negligence. | 12 | | (a) When it is shown by competent evidence in any action | 13 | | for damages to underground utility facilities or CATS | 14 | | facilities that such damages resulted from excavation or | 15 | | demolition and that the excavator person engaged in such | 16 | | excavation or demolition failed to comply with the provisions | 17 | | of this Act, that excavator person shall be deemed prima facie | 18 | | guilty of negligence. | 19 | | (b) When it is shown by competent evidence in any action | 20 | | for damages to excavators persons , material , or equipment | 21 | | brought by excavators persons undertaking excavation or | 22 | | demolition acting in compliance with the provisions of this | 23 | | Act that such damages resulted from the failure of underground | 24 | | utility facility owners or and operators of underground | 25 | | facilities or CATS facilities to comply with the provisions of |
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| 1 | | this Act, those underground utility facility owners or and | 2 | | operators shall be deemed prima facie guilty of negligence. | 3 | | (Source: P.A. 86-674.) | 4 | | (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610) | 5 | | Sec. 10. Record of notice; marking of facilities. | 6 | | (a) Upon notice by the excavator person engaged in | 7 | | excavation or demolition , the underground utility facility | 8 | | owners or operators person owning or operating underground | 9 | | utility facilities in or near the excavation or demolition | 10 | | area shall cause a written record to be made of the notice and | 11 | | shall mark, within 48 hours of receipt of notice or by the dig | 12 | | start requested date and time indicated on the notice, | 13 | | whichever is later, the approximate locations of such | 14 | | facilities so as to enable the excavator person excavating or | 15 | | demolishing to establish the location of the underground | 16 | | utility facilities. | 17 | | For submerged facilities, when the owner or operator of | 18 | | the submerged facilities determines that a proposed excavation | 19 | | or demolition which could include anchoring, pile driving, | 20 | | dredging, or any other water bottom contact for any means | 21 | | performed is in proximity to or in conflict with, submerged | 22 | | facilities located under a lake, river, or navigable waterway, | 23 | | the owner or operator of the submerged facilities shall | 24 | | identify the estimated horizontal route of the submerged | 25 | | facilities, within 15 days or by a date and time mutually |
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| 1 | | agreed to, using marking buoys, other suitable devices, or GPS | 2 | | location data unless directed otherwise by an agency having | 3 | | jurisdiction over the waters under which the submerged | 4 | | facilities are located. | 5 | | (b) Underground utility facility owners or Owners and | 6 | | operators of underground sewer facilities that are located | 7 | | outside the boundaries of a municipality having a population | 8 | | of at least 1,000,000 inhabitants shall be required to respond | 9 | | and mark the approximate location of those sewer facilities | 10 | | when the excavator indicates, in the notice required in | 11 | | Section 4, that the excavation or demolition project will | 12 | | exceed a depth of 7 feet. "Depth", in this case, is defined as | 13 | | the distance measured vertically from the surface of the | 14 | | ground to the top of the sewer facility. | 15 | | (c) Underground utility facility owners or operators of | 16 | | Owners and operators of underground sewer facilities that are | 17 | | located outside the boundaries of a municipality having a | 18 | | population of at least 1,000,000 inhabitants shall be required | 19 | | at all times to mark locate the approximate location of those | 20 | | sewer facilities when: | 21 | | (1) directional boring is the indicated type of | 22 | | excavation work being performed within the notice; | 23 | | (2) the underground sewer facilities owned are | 24 | | non-gravity, pressurized force mains; or | 25 | | (3) the excavation indicated will occur in the | 26 | | immediate proximity of known underground sewer facilities |
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| 1 | | that are less than 7 feet deep. | 2 | | (d) Underground utility facility owners Owners or | 3 | | operators of underground sewer facilities that are located | 4 | | outside the boundaries of a municipality having a population | 5 | | of at least 1,000,000 inhabitants shall not hold an excavator | 6 | | liable for damages that occur to sewer facilities that were | 7 | | not required to be marked under this Section, provided that | 8 | | prompt notice of known the damage is made to JULIE the | 9 | | State-Wide One-Call Notice System and the underground utility | 10 | | facility owners or operators utility owner as required in | 11 | | Section 7. | 12 | | (e) All entities persons subject to the requirements of | 13 | | this Act shall plan and conduct their work consistent with | 14 | | reasonable business practices. | 15 | | (1) Conditions may exist making it unreasonable to | 16 | | request that locations be marked by the dig start within | 17 | | 48 hours or by the requested date and time indicated on the | 18 | | notice , whichever is later . | 19 | | (A) In such situations, the excavator and the | 20 | | underground utility facility owner or operator shall | 21 | | interact in good faith to establish a mutually | 22 | | agreeable date and time for the completion of the | 23 | | request. | 24 | | (B) All mutually agreed upon modifications to the | 25 | | dig start date and time shall be fully documented by | 26 | | the underground utility facility owner or operator and |
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| 1 | | include, at a minimum, the date and time of the | 2 | | interaction, the names of the individuals involved, | 3 | | and acknowledgment by the individuals that agreed to | 4 | | the modification and the new dig start date and time | 5 | | that was mutually agreed upon by both parties. The | 6 | | underground utility facility owner or operator shall | 7 | | retain through JULIE, Inc., the documentation for at | 8 | | least 5 years after the date of the expiration of the | 9 | | notice. | 10 | | (2) It is unreasonable to request underground utility | 11 | | facility owners or and operators of underground utility | 12 | | facilities to mark locate all of their facilities in an | 13 | | affected area upon short notice in advance of a large or | 14 | | extensive nonemergency project . , or | 15 | | (3) It is unreasonable to request extensive notices | 16 | | locates in excess of a reasonable excavation or demolition | 17 | | work schedule . , or | 18 | | (4) It is unreasonable to request notices locates | 19 | | under conditions where a repeat request is likely to be | 20 | | made because of the passage of time or adverse job | 21 | | conditions. | 22 | | (5) During periods where the notice volumes or dig | 23 | | site notification areas exceed the historical averages as | 24 | | determined by the reasonable control measurements for the | 25 | | place, only those additional non-emergency requests that | 26 | | are not part of a large project, when that large project |
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| 1 | | has been submitted at least 60 days in advance of the start | 2 | | of the large project by underground utility facility | 3 | | owners or operators or their contractors or subcontractors | 4 | | for excavation work for the underground utility facility | 5 | | owners or operators within the place, may be subject to a | 6 | | request from the underground utility facility owner or | 7 | | operator or the owner or operator's locate contractors or | 8 | | subcontractors for an additional wait time of up to 2 days | 9 | | for the underground utility facility owner or operator, | 10 | | whether utilizing in-house or contract locators, to | 11 | | respond to locate and mark, or provide a no conflict | 12 | | response. It is the responsibility of the requesting | 13 | | underground utility facility owner or operator to document | 14 | | any modification as outlined in paragraph (1) of | 15 | | subsection (e) of Section 10. | 16 | | (f) Underground utility facility owners or Owners and | 17 | | operators , whether utilizing in-house or contract locators, | 18 | | and the owner or operator's locate contractors or | 19 | | subcontractors of underground utility facilities must | 20 | | reasonably anticipate seasonal fluctuations in the number of | 21 | | notices locate requests and staff accordingly. | 22 | | Seasonal fluctuations shall not be considered within the | 23 | | reasonable control of underground utility facility owners or | 24 | | operators and the owner or operator's locate contractors or | 25 | | subcontractors within a place or places, when the notice | 26 | | volumes exceed the historical averages as determined by the |
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| 1 | | reasonable control measurement, for non-emergency requests for | 2 | | utility excavation work for underground utility facility | 3 | | owners or operators, that is not part of a large project that | 4 | | has provided at least a 60 day advance notice. | 5 | | Only utility excavators when doing utility work may be | 6 | | impacted by this subsection and may incur an additional wait | 7 | | time of up to 2 days. | 8 | | (g) If an underground utility facility owner or operator a | 9 | | person owning or operating underground utility facilities | 10 | | receives a notice under this Section but does not own or | 11 | | operate any underground utility facilities within the proposed | 12 | | excavation or demolition area described in the notice, that | 13 | | underground utility facility owner or operator, by the dig | 14 | | start date and time on the notice person, within 48 hours or by | 15 | | the requested date and time indicated on the notice, whichever | 16 | | is later, after receipt of the notice , shall so notify the | 17 | | excavator who initiated the notice in accordance with Section | 18 | | 5.1, and prior to January 1, 2026, may person engaged in | 19 | | excavation or demolition who initiated the notice, unless the | 20 | | person who initiated the notice expressly waives the right to | 21 | | be notified that no facilities are located within the | 22 | | excavation or demolition area. The notification by the owner | 23 | | or operator of underground utility facilities to the person | 24 | | engaged in excavation or demolition may be provided in any | 25 | | reasonable manner including, but not limited to, notification | 26 | | in any one of the following ways: |
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| 1 | | (1) by face-to-face communication; | 2 | | (2) by phone or phone message; | 3 | | (3) by facsimile or email ; | 4 | | (4) by posting in the excavation or demolition area; | 5 | | or | 6 | | (5) by marking the excavation or demolition area. | 7 | | (h) The underground utility facility owner or operator of | 8 | | those facilities has discharged the underground utility | 9 | | facility owner's or operator's obligation to provide notice | 10 | | under this Section if the underground utility facility owner | 11 | | or operator attempts to provide notice utilizing the positive | 12 | | response system, in accordance with Section 5.1, and prior to | 13 | | January 1, 2026, by : | 14 | | (1) telephone or by facsimile, if the person has | 15 | | supplied a facsimile number , but is unable to do so | 16 | | because the excavator person engaged in the excavation or | 17 | | demolition does not answer the his or her telephone and or | 18 | | does not have the ability to receive telephone messages; | 19 | | (2) facsimile, if the excavator has supplied a | 20 | | facsimile number and does not have a facsimile machine in | 21 | | operation to receive the facsimile transmission; or | 22 | | (3) email, if the excavator has supplied an email | 23 | | address and the message is electronically undeliverable an | 24 | | answering machine or answering service to receive the | 25 | | telephone call or does not have a facsimile machine in | 26 | | operation to receive the facsimile transmission . |
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| 1 | | If the underground utility facility owner or operator | 2 | | attempts to provide additional notice by telephone or by | 3 | | facsimile but receives a busy signal, that attempt shall not | 4 | | serve to discharge the underground utility facility owner or | 5 | | operator of the obligation to provide notice under this | 6 | | Section. | 7 | | (i) Any excavator or legal entity, public or private, who, | 8 | | on or after January 1, 2026, installs a nonconductive service | 9 | | lateral shall ensure that the installation is locatable by | 10 | | electromagnetic means or other equally effective means for | 11 | | marking the location of the service lateral. This subsection | 12 | | does not apply to minor repairs to, or partial replacements | 13 | | of, service laterals installed prior to January 1, 2026. | 14 | | A person engaged in excavation or demolition may expressly | 15 | | waive the right to notification from the owner or operator of | 16 | | underground utility facilities that the owner or operator has | 17 | | no facilities located in the proposed excavation or demolition | 18 | | area. Waiver of notice is only permissible in the case of | 19 | | regular or nonemergency locate requests. The waiver must be | 20 | | made at the time of the notice to the State-Wide One-Call | 21 | | Notice System. A waiver made under this Section is not | 22 | | admissible as evidence in any criminal or civil action that | 23 | | may arise out of, or is in any way related to, the excavation | 24 | | or demolition that is the subject of the waiver. | 25 | | (j) For the purposes of this Act, the following color | 26 | | coding shall be used to mark the approximate location of |
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| 1 | | facilities by the underground utility facility owners or | 2 | | operators who underground facility operators may utilize a | 3 | | combination of flags, lathe with colored ribbon, chalk, | 4 | | whiskers, or stakes, and paint as when possible on non-paved | 5 | | surfaces and when dig site and seasonal conditions warrant. If | 6 | | the approximate location of an underground utility facility is | 7 | | marked with stakes or other physical means, the following | 8 | | color coding shall be employed: | |
9 | | Underground Facility type Identification Color |
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10 | | Underground utility facility owner or | 11 | | operator or contract locator use only | | |
12 | | Facility Owner or Agent Use Only | | | | 13 | | | |
14 | | Electric Power, Distribution and | | |
15 | | Transmission ........................ | Safety Red | |
16 | | Municipal Electric Systems .............. | Safety Red | |
17 | | Gas Distribution and Transmission ....... | High Visibility Safety Yellow | |
18 | | Oil Distribution and Transmission ....... | High Visibility Safety Yellow | |
19 | | Communication Systems . | Safety Alert Orange | |
20 | | Telephone and Telegraph Systems ......... | Safety Alert Orange | |
21 | | Community Antenna Television Systems .... | Safety Alert Orange | |
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| 1 | | Water Systems ........................... | Safety Precaution Blue | |
2 | | Sewer Systems ........................... | Safety Green | |
3 | | Non-potable Water and Slurry Lines ...... | Safety Purple | | | 4 | | | |
5 | | Excavator Use Only | | | | 6 | | | |
7 | | Temporary Survey ........................ | Safety Pink | |
8 | | Proposed Excavation ..................... | 9 | | | Safety White (Black when snow is on the ground) |
| 10 | | (Source: P.A. 96-714, eff. 1-1-10 .) | 11 | | (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611) | 12 | | Sec. 11. Penalties; liability; fund. | 13 | | (a) Every excavator person who, while engaging in | 14 | | excavation or demolition, willfully wilfully fails to comply | 15 | | with the Act by failing to provide the notice to the | 16 | | underground utility facility owners or operators in and of the | 17 | | underground facilities near the excavation or demolition area | 18 | | through JULIE the State-Wide One-Call Notice System as | 19 | | required by Section 4 , 5, or 6 of this Act shall be subject to | 20 | | a penalty of not more than up to $5,000 for each separate | 21 | | offense and shall be liable for the damage caused to the | 22 | | underground utility facility owners or operators of the | 23 | | facility . Every excavator person who fails to provide notice |
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| 1 | | and willfully fails to comply with other provisions of this | 2 | | Act shall be subject to additional penalties of not more than | 3 | | up to $2,500 for each separate offense and shall be liable for | 4 | | the damage caused to the underground utility facility owners | 5 | | or operators of the facility . | 6 | | (b) Every excavator person who has provided the notice to | 7 | | the underground utility facility owners or operators of the | 8 | | underground utility facilities in and near the excavation or | 9 | | demolition area through JULIE the State-Wide One-Call Notice | 10 | | System as required by Section 4 or 6 of this Act, but otherwise | 11 | | willfully wilfully fails to comply with this Act, shall be | 12 | | subject to a penalty of not more than up to $2,500 for each | 13 | | separate offense and shall be liable for the damage caused to | 14 | | the underground utility facility owners or operators of the | 15 | | facility . | 16 | | (c) Every excavator person who, while engaging in | 17 | | excavation or demolition, has provided the notice to the | 18 | | underground utility facility owners or operators of the | 19 | | underground utility facilities in and near the excavation or | 20 | | demolition area through JULIE the State-Wide One-Call Notice | 21 | | System as required by Section 4 or 6 of this Act, but | 22 | | otherwise, while acting reasonably, damages any underground | 23 | | utility facilities, shall not be subject to a penalty, but | 24 | | shall be liable for the damage caused to the underground | 25 | | utility facility owners or operators of the facility provided | 26 | | the underground utility facility is properly marked as |
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| 1 | | provided in Section 10 of this Act. | 2 | | (d) Every excavator person who provides notice to the | 3 | | underground utility facility owners or operators of the | 4 | | underground utility facilities through JULIE the State-Wide | 5 | | One-Call Notice System as a no show, incomplete, or an | 6 | | emergency locate request and the locate request is not a no | 7 | | show, incomplete, or an emergency locate request as defined in | 8 | | Section 2.6 of this Act shall be subject to a penalty of not | 9 | | more than up to $2,500 for each separate offense. | 10 | | (e) Underground utility facility owners or operators | 11 | | Owners and operators of underground utility facilities who | 12 | | willfully fail to comply with this Act , unless otherwise | 13 | | stated in this Section, shall be subject to a penalty of not | 14 | | more than $2,500 for each separate offense. A by a failure to | 15 | | respond or mark the approximate location of facilities by the | 16 | | dig start date and time on the notice an underground utility as | 17 | | required by subsection (h) of Section 4, subsection (c) (a) of | 18 | | Section 6, or Section 10 of this Act after being notified of | 19 | | planned or emergency excavation or demolition through JULIE | 20 | | the State-Wide One-Call Notice System , shall be subject to a | 21 | | penalty of not more than up to $5,000 for each separate | 22 | | offense. | 23 | | (1) Underground utility facility owners or operators | 24 | | who fail to provide a response to the positive response | 25 | | system by the dig start date and time on the notice, as | 26 | | required in subsection (b) of Section 5.1, on more than |
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| 1 | | 10% of their weekly required responses for 4 or more | 2 | | consecutive weeks, shall be subject to a penalty of not | 3 | | more than $250 for each separate offense. | 4 | | (2) Underground utility facility owners or operators | 5 | | shall not be subject to a penalty where a delay in | 6 | | responding through the positive response system is caused | 7 | | by conditions beyond the reasonable control of such | 8 | | underground utility facility owners or operators. | 9 | | (f) As provided in Section 3 of this Act, all underground | 10 | | utility facility owners or operators of underground utility | 11 | | facilities who fail to join JULIE the State-Wide One-Call | 12 | | Notice System by January 1, 2003 shall be subject to a penalty | 13 | | of $100 per day for each separate offense. Every day an | 14 | | underground utility facility owner or operator fails to join | 15 | | JULIE the State-Wide One-Call Notice System is a separate | 16 | | offense. This subsection (f) does not apply to utilities | 17 | | operating facilities exclusively within the boundaries of a | 18 | | municipality with a population of at least 1,000,000 persons. | 19 | | (g) No underground utility facility owner or operator of | 20 | | underground utility facilities shall be subject to a penalty | 21 | | where a delay in marking or a failure to mark or properly mark | 22 | | the location of a facility an underground utility is caused by | 23 | | conditions beyond the reasonable control of such underground | 24 | | utility facility owner or operator. It is the responsibility | 25 | | of the underground utility facility owners or operators to | 26 | | demonstrate how the condition affected their ability to |
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| 1 | | respond and caused it to become beyond the reasonable control. | 2 | | Each underground utility facility owner or operator shall | 3 | | staff in a manner that such underground utility facility owner | 4 | | or operator can respond by the dig start date and time on the | 5 | | notices within the underground utility facility owner's or | 6 | | operator's reasonable control. | 7 | | (h) Any entity that person who is neither an agent, | 8 | | employee, or authorized locating contractor of the underground | 9 | | utility facility owner or operator of the underground utility | 10 | | facility nor an excavator involved in the excavation or | 11 | | demolition activity that who removes, alters, or otherwise | 12 | | damages markings, flags, lathe with color ribbon, chalk, | 13 | | whiskers, or paint or stakes used to mark the location of | 14 | | facilities an underground utility other than during the course | 15 | | of the excavation or demolition for which the markings were | 16 | | made or before completion of the project shall be subject to a | 17 | | penalty up to $1,000 for each separate offense. | 18 | | (i) (Blank). | 19 | | (i-5) All parties who submit alleged violations to the | 20 | | Illinois Commerce Commission shall use the forms provided and | 21 | | should submit not later than 65 days after the discovery of the | 22 | | alleged violation. Any alleged violation submission received | 23 | | after the 65-day period shall be subject to a penalty of not | 24 | | more than $500 but not less than $100 per occurrence. | 25 | | Excavators shall not be subject to a penalty under this | 26 | | subsection when their decision to submit an alleged violation |
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| 1 | | form later than the 65-day period is a result of receiving a | 2 | | damage claim from an underground utility facility owner or | 3 | | operator after the expiration of the excavator's 65-day period | 4 | | for submitting an alleged violation. | 5 | | (j) The Illinois Commerce Commission shall have the power | 6 | | and jurisdiction to, and shall, enforce the provisions of this | 7 | | Act. The Illinois Commerce Commission may impose | 8 | | administrative penalties as provided in this Section. The | 9 | | Illinois Commerce Commission may promulgate rules and develop | 10 | | enforcement policies in the manner provided by the Public | 11 | | Utilities Act in order to implement compliance with this Act. | 12 | | When a penalty is warranted, the following criteria shall be | 13 | | used in determining the magnitude of the penalty: | 14 | | (1) gravity of noncompliance; | 15 | | (2) culpability of offender; | 16 | | (3) history of noncompliance for the 18 months prior | 17 | | to the date of the incident; however, when determining | 18 | | noncompliance non-compliance the alleged violator's roles | 19 | | as underground utility facility operator or owner and the | 20 | | excavator person engaged in excavating shall be treated | 21 | | separately; | 22 | | (4) (blank); ability to pay penalty; | 23 | | (5) show of good faith of offender; | 24 | | (6) (blank); and ability to continue business; and | 25 | | (7) other special circumstances. | 26 | | (k) There is hereby created in the State treasury a |
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| 1 | | special fund to be known as the Illinois Underground Utility | 2 | | Facilities Damage Prevention Fund. All penalties recovered by | 3 | | the Illinois Commerce Commission in any action under this | 4 | | Section shall be paid into the Fund and shall be distributed | 5 | | annually as a grant to JULIE the State-Wide One-Call Notice | 6 | | System to be used in safety and informational programs to | 7 | | reduce the number of incidents of damage to underground | 8 | | utility facilities in Illinois. The distribution shall be made | 9 | | during January of each calendar year based on the balance in | 10 | | the Illinois Underground Utility Facilities Damage Prevention | 11 | | Fund as of December 31 of the previous calendar year. In all | 12 | | such actions under this Section, the procedure and rules of | 13 | | evidence shall conform with the Code of Civil Procedure, and | 14 | | with rules of courts governing civil trials. | 15 | | (l) The Illinois Commerce Commission shall establish an | 16 | | Advisory Committee consisting of a representative from each of | 17 | | the following: utility operator, JULIE, excavator, | 18 | | municipality, and the general public , and a nonmunicipal | 19 | | public body . The Advisory Committee shall serve as a peer | 20 | | review panel for any contested penalties resulting from the | 21 | | enforcement of this Act. | 22 | | The members of the Advisory Committee shall be immune, | 23 | | individually and jointly, from civil liability for any act or | 24 | | omission done or made in performance of their duties while | 25 | | serving as members of such Advisory Committee, unless the act | 26 | | or omission was the result of willful and wanton misconduct. |
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| 1 | | (m) If, after the Advisory Committee has considered a | 2 | | particular contested penalty and performed its review | 3 | | functions under this Act and the Illinois Commerce | 4 | | Commission's rules, there remains a dispute as to whether the | 5 | | Illinois Commerce Commission should impose a penalty under | 6 | | this Act, the matter shall proceed in the manner set forth in | 7 | | Article X of the Public Utilities Act, including the | 8 | | provisions governing judicial review. | 9 | | (Source: P.A. 96-714, eff. 1-1-10.) | 10 | | (220 ILCS 50/11.3) | 11 | | Sec. 11.3. Emergency telephone system outages; | 12 | | reimbursement. Any excavator person who negligently damages a | 13 | | an underground facility or CATS facility causing an emergency | 14 | | telephone system outage must reimburse the public safety | 15 | | agency that provides personnel to answer calls or to maintain | 16 | | or operate an emergency telephone system during the outage for | 17 | | the agency's costs associated with answering calls or | 18 | | maintaining or operating the system during the outage. For the | 19 | | purposes of this Section, "public safety agency" means the | 20 | | same as in Section 2.02 of the Emergency Telephone System Act. | 21 | | (Source: P.A. 92-149, eff. 1-1-02.) | 22 | | (220 ILCS 50/11.5) | 23 | | Sec. 11.5. Limitation on liability. | 24 | | (a) In joining JULIE the State-Wide One-Call Notice |
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| 1 | | System , a municipality's liability, under any membership | 2 | | agreement rules and regulations, for the indemnification of | 3 | | (i) the entity that is in charge of or managing JULIE the | 4 | | System or any officer, agent, or employee of JULIE that entity | 5 | | or (ii) an underground utility facility owner or operator of | 6 | | JULIE a member of the System or any officer, agent, or employee | 7 | | of an underground utility facility owner or operator of JULIE | 8 | | a member of the System shall be limited to claims arising as a | 9 | | result of the acts or omissions of the municipality or its | 10 | | officers, agents, or employees or arising out of the | 11 | | operations of the municipality's underground utility | 12 | | facilities. | 13 | | (b) Subsection (a) shall not be construed to create any | 14 | | additional liability for a municipality in relation to any | 15 | | underground utility facility owner or operator of JULIE member | 16 | | of the System with which the municipality may have entered | 17 | | into a franchise agreement. If a municipality's liability for | 18 | | indemnification under a franchise agreement is narrower than | 19 | | under this Section, the franchise agreement controls. | 20 | | (Source: P.A. 90-481, eff. 8-17-97.) | 21 | | (220 ILCS 50/12) (from Ch. 111 2/3, par. 1612) | 22 | | Sec. 12. Noncompliance and enforcement action time frames. | 23 | | No action may be brought by the Illinois Commerce Commission | 24 | | under Section 11 of this Act unless commenced within 2 years | 25 | | after the date of the alleged violation of this Act. |
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| 1 | | Beginning January 1, 2025, all parties submitting alleged | 2 | | violations to the Illinois Commerce Commission shall use the | 3 | | forms provided and shall submit no later than 65 days after the | 4 | | discovery of the alleged violation. Any report of an alleged | 5 | | violation received later than 65 days after the discovery of | 6 | | the alleged violation shall be subject to a penalty as | 7 | | provided for in Section 11. | 8 | | Beginning January 1, 2025, the Illinois Commerce | 9 | | Commission shall provide notice of investigation to the | 10 | | parties involved in the alleged violation report within 20 | 11 | | days after the receipt of the alleged violation report. | 12 | | Once a notice of investigation has been sent for all | 13 | | alleged violations reported on or after January 1, 2025, no | 14 | | further action may be brought by the Illinois Commerce | 15 | | Commission under Section 11 unless the notice of violation has | 16 | | been provided by the Illinois Commerce Commission staff to the | 17 | | entity determined to be in violation within 195 days after the | 18 | | date of the notice of investigation. For alleged violations | 19 | | that involve utility damage, personal injury or death, or | 20 | | property damage, an additional 130 days shall be allowed for | 21 | | the Illinois Commerce Commission staff to determine if the | 22 | | alleged entity was in violation. | 23 | | Beginning July 1, 2025, the Illinois Commerce Commission | 24 | | shall provide for public review a monthly report listing all | 25 | | of the reports of alleged violations it received in the prior | 26 | | month. The listing shall be available by the end of the |
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| 1 | | violations report. The listing shall be available by the end | 2 | | of second full week for all reports from the previous month. | 3 | | The listing shall, at a minimum, include: (1) the name of the | 4 | | party submitting the alleged violation; (2) the name of the | 5 | | party and the name of the project owner that is alleged to be | 6 | | in violation; (3) the date the alleged violation report is | 7 | | submitted; and (4) the Section or Sections of the Act | 8 | | applicable to the submitted alleged violation. | 9 | | JULIE, Inc., may submit reports to the Illinois Commerce | 10 | | Commission for alleged violations of Section 5.1. | 11 | | (Source: P.A. 86-674.) | 12 | | (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613) | 13 | | Sec. 13. Mandamus or injunction. Where public safety or | 14 | | the preservation of uninterrupted, necessary facilities | 15 | | utility service or community antenna television system service | 16 | | is endangered by any excavator person engaging in excavation | 17 | | or demolition in a negligent or unsafe manner which has | 18 | | resulted in or is likely to result in damage to underground | 19 | | utility facilities or CATS facilities or proposing to use | 20 | | procedures for excavation or demolition which are likely to | 21 | | result in damage to underground utility facilities or CATS | 22 | | facilities, or where the underground utility facility owner or | 23 | | operator of underground utility facilities or CATS facilities | 24 | | endangers an excavator by willfully failing to respond to a | 25 | | notice locate request , the underground utility facility owner |
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| 1 | | or operator of such facilities or the excavator or the State's | 2 | | Attorney or the Illinois Commerce Commission at the request of | 3 | | the underground utility facility owner or operator of such | 4 | | facilities or the excavator may commence an action in the | 5 | | circuit court for the county in which the excavation or | 6 | | demolition is occurring or is to occur, or in which the person | 7 | | or entity complained of has its his principal place of | 8 | | business or resides, for the purpose of having such negligent | 9 | | or unsafe excavation or demolition stopped and prevented or to | 10 | | compel the marking of underground utilities facilities or CATS | 11 | | facilities, either by mandamus or injunction. | 12 | | (Source: P.A. 92-179, eff. 7-1-02.) | 13 | | (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614) | 14 | | Sec. 14. Home rule. The regulation of underground utility | 15 | | facilities and CATS facilities damage prevention, as provided | 16 | | for in this Act, is an exclusive power and function of the | 17 | | State. A home rule unit may not regulate underground utility | 18 | | facilities and CATS facilities damage prevention, as provided | 19 | | for in this Act. All units of local government, including home | 20 | | rule units that are not municipalities of more than 1,000,000 | 21 | | persons operating its own One-Call Notice System , must comply | 22 | | with the provisions of this Act. To this extent, this Section | 23 | | is a denial and limitation of home rule powers and functions | 24 | | under subsection (h) of Section 6 of Article VII of the | 25 | | Illinois Constitution. A home rule municipality of more than |
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| 1 | | 1,000,000 persons may regulate underground utility facilities | 2 | | and CATS facilities damage prevention. | 3 | | (Source: P.A. 99-121, eff. 7-23-15.) | 4 | | (220 ILCS 50/2.1 rep.) | 5 | | (220 ILCS 50/2.1.3 rep.) | 6 | | (220 ILCS 50/2.1.4 rep.) | 7 | | (220 ILCS 50/2.1.5 rep.) | 8 | | (220 ILCS 50/2.1.6 rep.) | 9 | | (220 ILCS 50/2.1.9 rep.) | 10 | | (220 ILCS 50/2.1.10 rep.) | 11 | | (220 ILCS 50/2.2 rep.) | 12 | | (220 ILCS 50/2.3 rep.) | 13 | | (220 ILCS 50/2.4 rep.) | 14 | | (220 ILCS 50/2.5 rep.) | 15 | | (220 ILCS 50/2.6 rep.) | 16 | | (220 ILCS 50/2.7 rep.) | 17 | | (220 ILCS 50/2.8 rep.) | 18 | | (220 ILCS 50/2.9 rep.) | 19 | | (220 ILCS 50/2.10 rep.) | 20 | | (220 ILCS 50/2.11 rep.) | 21 | | (220 ILCS 50/5 rep.) | 22 | | Section 10. The Illinois Underground Utility Facilities | 23 | | Damage Prevention Act is amended by repealing Sections 2.1, | 24 | | 2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.9, 2.1.10, 2.2, 2.3, 2.4, 2.5, | 25 | | 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, and 5. |
| | | HB5546 Enrolled | - 61 - | LRB103 38732 CES 68869 b |
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2025. |
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