093_HB2839enr

 
HB2839 Enrolled                      LRB093 08249 JLS 11712 b

 1        AN ACT concerning utilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Underground  Utility  Facilities
 5    Damage  Prevention  Act is amended by changing Sections 4, 7,
 6    and 10 as follows:

 7        (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
 8        Sec. 4.  Required activities.  Every person  who  engages
 9    in nonemergency excavation or demolition shall:
10        (a)  take  reasonable  action  to  inform  himself of the
11    location  of  any  underground  utility  facilities  or  CATS
12    facilities in and near the area for which such  operation  is
13    to be conducted;
14        (b)  plan  the  excavation  or  demolition  to  avoid  or
15    minimize  interference with underground utility facilities or
16    CATS facilities within the tolerance zone by  utilizing  such
17    precautions  that  include,  but  are  not  limited  to, hand
18    excavation,   vacuum   excavation   methods,   and   visually
19    inspecting the excavation while in progress  until  clear  of
20    the existing marked facility;
21        (c)  if  practical,  use  white  paint, flags, stakes, or
22    both, to outline the dig site;
23        (d)  provide notice not more than 14 days nor  less  than
24    48  hours  (exclusive of Saturdays, Sundays and holidays) but
25    no more than 14 calendar days in advance of the start of  the
26    excavation  or  demolition  to the owners or operators of the
27    underground utility facilities or CATS facilities in and near
28    the excavation or  demolition  area  through  the  State-Wide
29    One-Call  Notice  System  or,  in  the  case  of nonemergency
30    excavation  or  demolition  within  the   boundaries   of   a
31    municipality  of  at least one million persons which operates
 
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 1    its own one-call notice system, through the  one-call  notice
 2    system which operates in that municipality;
 3        (e)  provide,   during   and   following   excavation  or
 4    demolition, such support  for  existing  underground  utility
 5    facilities  or  CATS facilities in and near the excavation or
 6    demolition area  as  may  be  reasonably  necessary  for  the
 7    protection  of  such facilities unless otherwise agreed to by
 8    the owner or operator of the  underground  facility  or  CATS
 9    facility; and
10        (f)  backfill  all  excavations  in  such manner and with
11    such  materials  as  may  be  reasonably  necessary  for  the
12    protection of existing underground utility facilities or CATS
13    facilities in and near the  excavation  or  demolition  area;
14    and.
15        (g)  After  February  29,  2004,  when  the excavation or
16    demolition project will extend past 28 calendar days from the
17    date of the original notice provided under  clause  (d),  the
18    excavator  shall provide a subsequent notice to the owners or
19    operators of  the  underground  utility  facilities  or  CATS
20    facilities  in  and  near  the  excavation or demolition area
21    through the State-Wide One-Call Notice System or, in the case
22    of excavation  or  demolition  within  the  boundaries  of  a
23    municipality  having  a  population  of  at  least  1,000,000
24    inhabitants  that  operates  its  own one-call notice system,
25    through the one-call notice  system  that  operates  in  that
26    municipality  informing  utility  owners  and  operators that
27    additional time to  complete  the  excavation  or  demolition
28    project  will  be  required.   The  notice  will  provide the
29    excavator with an additional 28 calendar days from  the  date
30    of  the  subsequent  notification to continue or complete the
31    excavation or demolition project.
32        At a minimum, the notice required under clause (d)  shall
33    provide:
34             (1)  the  person's  name,  address,  and  (i)  phone
 
HB2839 Enrolled             -3-      LRB093 08249 JLS 11712 b
 1        number  at  which  a  person  can be reached and (ii) fax
 2        number;
 3             (2)  the start date of  the  planned  excavation  or
 4        demolition;
 5             (3)  the   address   at   which  the  excavation  or
 6        demolition will take place;
 7             (4)  the type and extent of the work involved; and
 8             (5)  section/quarter   sections   when   the   above
 9        information does not allow the State-Wide One-Call Notice
10        System   to   determine   the   appropriate    geographic
11        section/quarter  sections.   This item (5) does not apply
12        to residential property owners.
13        Nothing in this Section prohibits the use of  any  method
14    of  excavation  if  conducted  in  a  manner that would avoid
15    interference with  underground  utility  facilities  or  CATS
16    facilities.
17    (Source: P.A. 92-179, eff. 7-1-02.)

18        (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
19        Sec.  7.  Damage  or  dislocation.   In  the event of any
20    damage  to  or  dislocation  of   any   underground   utility
21    facilities   or   CATS  facilities  in  connection  with  any
22    excavation or  demolition,  emergency  or  nonemergency,  the
23    person   responsible   for   the   excavation  or  demolition
24    operations shall immediately notify the affected utility  and
25    the  State-Wide  One-Call  Notice  System  or, in the case of
26    damage or dislocation in connection with  any  excavation  or
27    demolition  within  the boundaries of a municipality having a
28    population of at least 1,000,000  inhabitants  that  operates
29    its  own  one-call notice system, notify the affected utility
30    and  the  one-call  notice  system  that  operates  in   that
31    municipality.   Owners  and  operators of underground utility
32    facilities that are damaged and the excavator involved  shall
33    work  in  a  cooperative and expeditious manner to repair the
 
HB2839 Enrolled             -4-      LRB093 08249 JLS 11712 b
 1    affected utility.
 2    (Source: P.A. 92-179, eff. 7-1-02.)

 3        (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
 4        Sec. 10.  Record of notice; marking of facilities.   Upon
 5    notice by the person engaged in excavation or demolition, the
 6    person  owning or operating underground utility facilities or
 7    CATS facilities in or near the excavation or demolition  area
 8    shall  cause  a  written  record to be made of the notice and
 9    shall mark, within 48 hours (excluding Saturdays, Sundays and
10    holidays) of receipt of notice, the approximate locations  of
11    such  facilities  so  as  to  enable the person excavating or
12    demolishing to establish  the  location  of  the  underground
13    utility  facilities or CATS facilities.  Owners and operators
14    of underground sewer facilities that are located outside  the
15    boundaries  of a municipality having a population of at least
16    1,000,000 inhabitants shall be required to respond  and  mark
17    the  approximate  location of those sewer facilities when the
18    excavator indicates, in the notice  required  in  Section  4,
19    that the excavation or demolition project will exceed a depth
20    of 7 feet.  "Depth", in this case, is defined as the distance
21    measured vertically from the surface of the ground to the top
22    of  the  sewer facility.  Owners and operators of underground
23    sewer facilities that are located outside the boundaries of a
24    municipality  having  a  population  of  at  least  1,000,000
25    inhabitants shall be required at  all  times  to  locate  the
26    approximate  location  of  those  sewer  facilities when: (1)
27    directional boring is the indicated type of  excavation  work
28    being  performed within the notice; (2) the underground sewer
29    facilities owned are non-gravity, pressurized force mains; or
30    (3) the excavation indicated  will  occur  in  the  immediate
31    proximity of known underground sewer facilities that are less
32    than  7  feet deep.  Owners or operators of underground sewer
33    facilities that are  located  outside  the  boundaries  of  a
 
HB2839 Enrolled             -5-      LRB093 08249 JLS 11712 b
 1    municipality  having  a  population  of  at  least  1,000,000
 2    inhabitants  shall  not  hold an excavator liable for damages
 3    that occur to sewer facilities that were not required  to  be
 4    marked under this Section, provided that prompt notice of the
 5    damage  is  made to the State-Wide One-Call Notice System and
 6    the utility owner as required in Section 7.
 7        All persons subject to the requirements of this Act shall
 8    plan  and  conduct  their  work  consistent  with  reasonable
 9    business  practices.   Conditions   may   exist   making   it
10    unreasonable  to  request  that locations be marked within 48
11    hours. It is unreasonable to request owners and operators  of
12    underground  utility facilities and CATS facilities to locate
13    all of their facilities in an affected area upon short notice
14    in advance of a large or extensive nonemergency  project,  or
15    to  request  extensive  locates  in  excess  of  a reasonable
16    excavation or demolition work schedule, or to request locates
17    under conditions where a repeat request is likely to be  made
18    because  of  the  passage  of time or adverse job conditions.
19    Owners and operators of underground  utility  facilities  and
20    CATS   facilities   must   reasonably   anticipate   seasonal
21    fluctuations  in  the  number  of  locate  requests and staff
22    accordingly.
23        If a  person  owning  or  operating  underground  utility
24    facilities  or  CATS  facilities receives a notice under this
25    Section but does not own or operate any  underground  utility
26    facilities  or CATS facilities within the proposed excavation
27    or demolition area described  in  the  notice,  that  person,
28    within  48 hours (excluding Saturdays, Sundays, and holidays)
29    after receipt of the  notice,  shall  so  notify  the  person
30    engaged in excavation or demolition who initiated the notice,
31    unless  the  person who initiated the notice expressly waives
32    the right to be  notified  that  no  facilities  are  located
33    within  the  excavation or demolition area.  The notification
34    by the owner or operator of underground utility facilities or
 
HB2839 Enrolled             -6-      LRB093 08249 JLS 11712 b
 1    CATS facilities  to  the  person  engaged  in  excavation  or
 2    demolition   may   be   provided  in  any  reasonable  manner
 3    including, but not limited to, notification in any one of the
 4    following ways: by face-to-face communication;  by  phone  or
 5    phone  message; by facsimile; by posting in the excavation or
 6    demolition area; or by marking the excavation  or  demolition
 7    area.   The   owner  or  operator  of  those  facilities  has
 8    discharged the owner's or operator's  obligation  to  provide
 9    notice  under  this Section if the owner or operator attempts
10    to provide notice by telephone or by facsimile, if the person
11    has supplied a facsimile number,  but  is  unable  to  do  so
12    because  the  person  engaged in the excavation or demolition
13    does not answer his or her telephone  or  does  not  have  an
14    answering   machine  or  answering  service  to  receive  the
15    telephone call or  does  not  have  a  facsimile  machine  in
16    operation  to  receive  the  facsimile  transmission.  If the
17    owner or operator attempts to provide notice by telephone  or
18    by  facsimile  but receives a busy signal, that attempt shall
19    not  serve  to  discharge  the  owner  or  operator  of   the
20    obligation to provide notice under this Section.
21        A   person   engaged  in  excavation  or  demolition  may
22    expressly waive the right to notification from the  owner  or
23    operator of underground utility facilities or CATS facilities
24    that  the  owner or operator has no facilities located in the
25    proposed excavation or demolition area.  Waiver of notice  is
26    only  permissible  in  the  case  of  regular or nonemergency
27    locate requests.  The waiver must be made at the time of  the
28    notice  to  the  State-Wide One-Call Notice System.  A waiver
29    made under this Section is not admissible as evidence in  any
30    criminal  or civil action that may arise out of, or is in any
31    way related to, the excavation  or  demolition  that  is  the
32    subject of the waiver.
33        For  the  purposes  of  this  Act,  underground  facility
34    operators  may  utilize  a  combination of flags, stakes, and
 
HB2839 Enrolled             -7-      LRB093 08249 JLS 11712 b
 1    paint when possible on non-paved surfaces and when  dig  site
 2    and seasonal conditions warrant.  If the approximate location
 3    of an underground utility facility or CATS facility is marked
 4    with  stakes  or  other  physical  means, the following color
 5    coding shall be employed:
 6        Utility or Community Antenna       Identification Color
 7        Television Systems and Type
 8        of Product

 9    Electric Power, Distribution and
10        Transmission...................... Safety Red
11    Municipal Electric Systems............ Safety Red
12    Gas Distribution and Transmission..... High Visibility
13                                           Safety Yellow
14    Oil Distribution and Transmission..... High Visibility
15                                           Safety Yellow
16    Telephone and Telegraph Systems....... Safety Alert Orange
17    Community Antenna Television Systems.. Safety Alert Orange
18    Water Systems......................... Safety
19                                           Precaution Blue
20    Sewer Systems......................... Safety Green
21    Non-potable Water and Slurry Lines.... Safety Purple
22    Temporary Survey...................... Safety Pink
23    Proposed Excavation................... Safety White (Black
24                                           when snow is
25                                           on the ground)
26    (Source: P.A. 92-179, eff. 7-1-02.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.