Full Text of HB3755 94th General Assembly
HB3755sam001 94TH GENERAL ASSEMBLY
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Sen. Arthur J. Wilhelmi
Filed: 5/5/2005
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| AMENDMENT TO HOUSE BILL 3755
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| AMENDMENT NO. ______. Amend House Bill 3755 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Underground Utility Facilities | 5 |
| Damage Prevention Act is amended by changing Sections 2, 2.2, | 6 |
| 2.3, 4, 6, 10, and 11 and by adding Sections 2.9, 2.10, and | 7 |
| 2.11 as follows:
| 8 |
| (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
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| Sec. 2. Definitions. As used in this Act, unless the | 10 |
| context clearly
otherwise
requires, the terms specified in | 11 |
| Sections 2.1 through 2.11
2.8 have the
meanings
ascribed to | 12 |
| them in those Sections.
| 13 |
| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
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| Sec. 2.2. Underground utility facilities. "Underground | 16 |
| utility
facilities" or "facilities" means and
includes wires, | 17 |
| ducts, fiber optic cable, conduits, pipes, sewers, and
cables | 18 |
| and
their connected appurtenances installed beneath the | 19 |
| surface of the ground
by a public utility (as is defined in the | 20 |
| Illinois Public Utilities Act, as
amended), or by a municipally | 21 |
| owned or mutually owned utility providing a
similar utility | 22 |
| service, except an electric cooperative as defined in the
| 23 |
| Illinois Public Utilities Act, as amended, or by a pipeline |
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| entity
transporting gases, crude oil, petroleum products, or | 2 |
| other hydrocarbon
materials within the State , or by a | 3 |
| telecommunications carrier as defined in
the Universal | 4 |
| Telephone Service Protection Law of 1985, or by a company
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| described in Section 1 of "An Act relating to the powers, | 6 |
| duties and
property of telephone companies", approved May 16, | 7 |
| 1903, as amended, or by
a community antenna television system, | 8 |
| hereinafter referred to as "CATS",
as defined in the Illinois | 9 |
| Municipal Code, as amended.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
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| Sec. 2.3. Excavation. "Excavation" means any operation in | 13 |
| which earth,
rock, or
other material in or on the ground is | 14 |
| moved, removed, or otherwise
displaced by means of any tools, | 15 |
| power equipment or explosives, and
includes, without | 16 |
| limitation, grading, trenching, digging, ditching,
drilling, | 17 |
| augering, boring, tunneling, scraping, cable or pipe plowing, | 18 |
| and
driving
but does not include farm tillage operations or | 19 |
| railroad right-of-way
maintenance or operations or coal mining | 20 |
| operations regulated under the
Federal Surface Mining Control | 21 |
| and Reclamation Act of 1977 or any State law
or rules or | 22 |
| regulations adopted under the federal statute, or land
| 23 |
| surveying operations as defined in the Illinois Professional | 24 |
| Land Surveyor
Act of 1989 when not using power equipment , or | 25 |
| roadway surface milling .
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/2.9 new) | 28 |
| Sec. 2.9. "Forty-eight hours" means 2 business days | 29 |
| beginning at 8 a.m. and ending at 4 p.m. (exclusive of | 30 |
| Saturdays, Sundays, and holidays recognized by the State-Wide | 31 |
| One-Call Notice System or the municipal one-call notice | 32 |
| system). All requests for locates received after 4 p.m. will be |
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| processed as if received at 8 a.m. the next business day. | 2 |
| (220 ILCS 50/2.10 new) | 3 |
| Sec. 2.10. "Open cut utility locate" means a method of | 4 |
| locating underground utility facilities that requires | 5 |
| excavation by the owner, operator, or agent of the underground | 6 |
| facility. | 7 |
| (220 ILCS 50/2.11 new)
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| Sec. 2.11. "Roadway surface milling" means the removal of a | 9 |
| uniform pavement section by rotomilling, grinding, or other | 10 |
| means not including the base or subbase.
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| (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
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| Sec. 4. Required activities. Every person who engages in | 13 |
| nonemergency
excavation or
demolition shall:
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| (a) take reasonable action to inform himself of the
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| location of any underground utility facilities or CATS | 16 |
| facilities in and
near the area for which such operation is to | 17 |
| be conducted;
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| (b) plan the excavation or demolition to avoid or minimize | 19 |
| interference with
underground utility facilities or CATS | 20 |
| facilities within the tolerance zone
by utilizing such | 21 |
| precautions that include, but are not limited to, hand
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| excavation, vacuum excavation methods, and visually inspecting | 23 |
| the excavation
while in progress until clear of the existing | 24 |
| marked facility;
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| (c) if practical, use white paint, flags, stakes, or both, | 26 |
| to outline the
dig site;
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| (d) provide notice not less than 48 hours
(exclusive
of | 28 |
| Saturdays, Sundays and holidays) but no more than 14 calendar | 29 |
| days in
advance of the start of the
excavation or demolition to | 30 |
| the owners or operators of the underground
utility facilities | 31 |
| or CATS facilities in and near the excavation or
demolition |
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| area through the State-Wide One-Call Notice System or, in the
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| case of nonemergency excavation or demolition within the | 3 |
| boundaries of a
municipality of at least one million persons | 4 |
| which operates its own
one-call notice system, through the | 5 |
| one-call notice system which operates
in that municipality;
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| (e) provide, during and following excavation or | 7 |
| demolition,
such support for
existing underground utility | 8 |
| facilities or CATS facilities in and near the
excavation or | 9 |
| demolition area as may be reasonably necessary for the | 10 |
| protection
of such facilities unless otherwise agreed to by the | 11 |
| owner or operator of the
underground facility or CATS facility;
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| (f) backfill all excavations in such manner and with such
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| materials as may
be reasonably necessary for the protection of | 14 |
| existing underground utility
facilities or CATS facilities in | 15 |
| and near the excavation or demolition area;
and
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| (g) After February 29, 2004, when the excavation or | 17 |
| demolition project
will extend past 28 calendar days from the | 18 |
| date of the original notice provided
under clause (d), the | 19 |
| excavator shall provide a subsequent notice to the owners
or | 20 |
| operators of the underground utility facilities or CATS | 21 |
| facilities in and
near the excavation or demolition area | 22 |
| through the State-Wide One-Call Notice
System
or, in the case | 23 |
| of excavation or demolition within the boundaries of a
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| municipality having a population of at least 1,000,000 | 25 |
| inhabitants that
operates its own one-call
notice system, | 26 |
| through the one-call notice system that operates in that
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| municipality
informing utility owners and operators that | 28 |
| additional time to complete
the excavation or demolition | 29 |
| project will be required. The notice will provide
the excavator | 30 |
| with an additional 28 calendar days from the date of the
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| subsequent notification to continue or complete the excavation | 32 |
| or demolition
project.
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| At a minimum, the notice required under clause (d) shall | 34 |
| provide:
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| (1) the person's name, address, and (i) phone number at | 2 |
| which a person
can be reached and (ii) fax number , if | 3 |
| available ;
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| (2) the start date of the planned excavation or | 5 |
| demolition;
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| (3) the address at which the excavation or demolition | 7 |
| will take place;
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| (4) the type and extent of the work involved; and
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| (5) section/quarter sections when the above | 10 |
| information does not
allow the State-Wide One-Call Notice | 11 |
| System to determine the appropriate
geographic | 12 |
| section/quarter sections. This item (5) does not apply to
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| residential property owners.
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| Nothing in this Section prohibits the use of any method of | 15 |
| excavation if
conducted in a manner that would avoid | 16 |
| interference with
underground utility facilities or CATS | 17 |
| facilities.
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03.)
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| (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
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| Sec. 6. Emergency excavation or demolition.
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| (a) Every person who
engages in emergency excavation or
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| demolition outside of the boundaries of a municipality of at | 23 |
| least one
million persons which operates its own one-call | 24 |
| notice system shall take
all reasonable precautions to avoid or | 25 |
| minimize
interference between the emergency work and existing | 26 |
| underground utility
facilities or CATS facilities in and near | 27 |
| the excavation or demolition
area, through the State-Wide | 28 |
| One-Call Notice System,
and shall notify, as far in advance as | 29 |
| possible, the owners or operators of
such underground utility | 30 |
| facilities or CATS facilities in and near the
emergency | 31 |
| excavation or demolition area, through the State-Wide One-Call
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| Notice System.
At a minimum, the notice required under this | 33 |
| subsection (a) shall provide:
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| (1) the person's name, address, and (i) phone number at | 2 |
| which a person can
be reached and (ii) fax number , if | 3 |
| available ;
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| (2) the start date of the planned emergency excavation | 5 |
| or demolition;
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| (3) the address at which the excavation or demolition | 7 |
| will take place; and
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| (4) the type and extent of the work involved.
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| There is a wait time of 2 hours or the date and time | 10 |
| requested on the notice, whichever is longer,
A 2-hour wait | 11 |
| time exists after an emergency locate notification request is
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| made through the State-Wide One-Call Notice System. If the | 13 |
| conditions at the
site dictate an earlier start than the | 14 |
| required
2-hour wait time, it is the
responsibility of the | 15 |
| excavator to demonstrate that site conditions warranted
this | 16 |
| earlier start time.
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| Upon notice by the person engaged in emergency excavation | 18 |
| or demolition, the owner or operator of an underground utility | 19 |
| facility or CATS facility in or near the excavation or | 20 |
| demolition area shall communicate with the person engaged in | 21 |
| emergency excavation or demolition within 2 hours or by the | 22 |
| date and time requested on the notice, whichever is longer. | 23 |
| The notice by the owner or operator to the person engaged | 24 |
| in emergency excavation or demolition may be provided by phone | 25 |
| or phone message or by marking the excavation or demolition | 26 |
| area. The owner or operator has discharged the owner's or | 27 |
| operator's obligation to provide notice under this Section if | 28 |
| the owner or operator attempts to provide notice by telephone | 29 |
| but is unable to do so because the person engaged in the | 30 |
| emergency excavation or demolition does not answer his or her | 31 |
| telephone or does not have an answering machine or answering | 32 |
| service to receive the telephone call. If the owner or operator | 33 |
| attempts to provide notice by telephone or by facsimile but | 34 |
| receives a busy signal, that attempt shall not discharge the |
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| owner or operator from the obligation to provide notice under | 2 |
| this Section.
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| (b) Every person who engages in emergency excavation or | 4 |
| demolition
within the boundaries of a municipality of at least | 5 |
| one million persons
which operates its own one-call notice | 6 |
| system shall take all reasonable
precautions to avoid or | 7 |
| minimize interference between the emergency work
and existing | 8 |
| underground utility facilities or CATS facilities in and near
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| the excavation or demolition area, through the municipality's | 10 |
| one-call
notice system, and shall notify, as far in advance as | 11 |
| possible, the owners
and operators of underground utility | 12 |
| facilities or CATS facilities in and
near the emergency | 13 |
| excavation or demolition area, through the
municipality's | 14 |
| one-call notice system.
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| (c) The reinstallation of traffic control devices shall be | 16 |
| deemed an
emergency for purposes of this Section.
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| (d) An open cut utility locate shall be deemed an emergency | 18 |
| for purposes of this Section.
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| (Source: P.A. 92-179, eff. 7-1-02.)
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| (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
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| Sec. 10. Record of notice; marking of facilities. Upon | 22 |
| notice by the
person engaged in excavation or
demolition, the | 23 |
| person owning or operating underground utility facilities
or | 24 |
| CATS facilities in or near the excavation or demolition area | 25 |
| shall
cause a written record to be made of the notice and shall | 26 |
| mark, within 48
hours (excluding Saturdays, Sundays and | 27 |
| holidays) of receipt of notice, the
approximate locations of | 28 |
| such facilities so as to enable the person excavating
or | 29 |
| demolishing to establish the location of the underground | 30 |
| utility facilities
or CATS facilities. Owners and operators of | 31 |
| underground sewer facilities
that are located outside the | 32 |
| boundaries of a municipality having a population
of at least | 33 |
| 1,000,000 inhabitants
shall be required to
respond and mark the |
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| approximate location of those sewer facilities when
the | 2 |
| excavator indicates, in the notice required in Section 4, that | 3 |
| the
excavation or demolition project will exceed a depth of 7 | 4 |
| feet. "Depth", in
this
case, is defined as the distance | 5 |
| measured vertically from the surface of the
ground to the top | 6 |
| of the sewer facility. Owners and operators of underground
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| sewer
facilities
that are located outside the boundaries of a | 8 |
| municipality having a population
of at least 1,000,000 | 9 |
| inhabitants
shall be required at all times to locate the | 10 |
| approximate location of
those sewer facilities
when: (1) | 11 |
| directional
boring is the indicated type of excavation work | 12 |
| being performed within the
notice; (2) the underground sewer | 13 |
| facilities owned are non-gravity, pressurized
force mains; or | 14 |
| (3) the excavation indicated will occur in the immediate
| 15 |
| proximity of known
underground sewer facilities that are less | 16 |
| than 7 feet deep. Owners or
operators of underground sewer
| 17 |
| facilities that are located outside the boundaries of a | 18 |
| municipality having a
population
of at least 1,000,000 | 19 |
| inhabitants
shall not hold an excavator liable for damages that | 20 |
| occur to sewer
facilities that were not required to be marked | 21 |
| under this Section, provided
that
prompt notice of the damage | 22 |
| is made to the State-Wide One-Call Notice System
and
the | 23 |
| utility owner as required in Section 7.
| 24 |
| All persons subject to the requirements of this Act shall | 25 |
| plan and conduct
their work consistent with reasonable business | 26 |
| practices. Conditions may exist
making it unreasonable to | 27 |
| request that locations be marked within 48 hours. It
is | 28 |
| unreasonable to request owners and operators of underground | 29 |
| utility
facilities and CATS facilities to locate all of their | 30 |
| facilities in an affected
area upon
short notice in advance of | 31 |
| a large or extensive nonemergency project, or to
request | 32 |
| extensive locates in excess of a reasonable excavation or | 33 |
| demolition
work schedule, or to request locates under | 34 |
| conditions where a repeat request is
likely
to be made because |
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| of the passage of time or adverse job conditions.
Owners
and | 2 |
| operators of underground utility facilities and CATS | 3 |
| facilities must
reasonably anticipate seasonal fluctuations in | 4 |
| the number of locate requests
and staff accordingly.
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| If a person owning or operating underground utility | 6 |
| facilities or CATS
facilities receives a notice under this | 7 |
| Section but does not own
or operate any underground utility | 8 |
| facilities or CATS facilities within the
proposed excavation or | 9 |
| demolition area described in the notice, that person,
within 48 | 10 |
| hours (excluding Saturdays, Sundays, and holidays) after | 11 |
| receipt
of the notice, shall so notify the person engaged in | 12 |
| excavation or demolition
who initiated the notice, unless the | 13 |
| person who initiated the notice
expressly waives the right to | 14 |
| be notified that no facilities are located within
the | 15 |
| excavation or demolition area. The notification by the owner or | 16 |
| operator
of
underground utility facilities or CATS facilities | 17 |
| to the person engaged in
excavation or demolition may be | 18 |
| provided in any reasonable manner including,
but not limited | 19 |
| to, notification in any one of the following ways: by
| 20 |
| face-to-face communication; by phone or phone message; by | 21 |
| facsimile; by posting
in the excavation or demolition area; or | 22 |
| by marking the excavation or
demolition area. The owner or | 23 |
| operator of those facilities has discharged the
owner's or | 24 |
| operator's obligation to provide notice under this Section if | 25 |
| the
owner or operator attempts to provide notice by telephone | 26 |
| or by facsimile, if
the person has supplied a facsimile number, | 27 |
| but is unable to do
so because the person engaged in the | 28 |
| excavation or demolition does not answer
his or her telephone | 29 |
| or does not have an answering machine or answering service
to | 30 |
| receive the telephone call or does not have a facsimile machine | 31 |
| in operation
to receive the facsimile transmission. If the | 32 |
| owner or operator attempts to
provide notice by telephone or by | 33 |
| facsimile but receives a busy signal, that
attempt shall not | 34 |
| serve to discharge the owner or operator of the obligation to
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| provide notice under this Section.
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| A person engaged in excavation or demolition may expressly | 3 |
| waive the right
to notification from the owner or operator of | 4 |
| underground utility facilities or
CATS facilities that the | 5 |
| owner or operator has no facilities located in the
proposed | 6 |
| excavation or demolition area. Waiver of notice is only | 7 |
| permissible
in the case of regular or nonemergency locate | 8 |
| requests. The waiver must be
made at the time of
the notice to | 9 |
| the State-Wide One-Call Notice System. A waiver made under this
| 10 |
| Section is not admissible as evidence in any criminal or civil | 11 |
| action that may
arise out of, or is in any way related to, the | 12 |
| excavation or demolition that is
the subject of the waiver.
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| For the purposes of this Act,
underground facility | 14 |
| operators may utilize a combination of flags, stakes,
and paint | 15 |
| when possible on non-paved surfaces and when dig site and | 16 |
| seasonal
conditions warrant. If the approximate
location of an | 17 |
| underground utility facility or CATS facility is marked with
| 18 |
| stakes or other physical means, the following color coding | 19 |
| shall be employed:
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20 | | Underground Facility
Utility or | 21 | | Community Antenna | Identification Color |
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22 | | Television Systems and Type | |
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23 | | of Product | |
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24 | | Facility Owner or Agent Use Only | |
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25 | | Electric Power, Distribution and | |
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26 | | Transmission ........................ | Safety Red |
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27 | | Municipal Electric Systems .............. | Safety Red |
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28 | | Gas Distribution and Transmission ....... | High Visibility |
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29 | | | Safety Yellow |
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30 | | Oil Distribution and Transmission ....... | High Visibility |
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31 | | | Safety Yellow |
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32 | | Telephone and Telegraph Systems ......... | Safety Alert Orange |
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| 1 | | Community Antenna Television Systems .... | Safety Alert Orange |
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2 | | Water Systems ........................... | Safety |
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3 | | | Precaution Blue |
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4 | | Sewer Systems ........................... | Safety Green |
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5 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
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6 | | Excavator Use Only
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7 | | Temporary Survey ........................ | Safety Pink |
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8 | | Proposed Excavation ..................... | Safety White (Black |
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9 | | | when snow is |
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10 | | | on the ground) |
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| (Source: P.A. 92-179, eff. 7-1-02; 93-430, eff. 8-5-03 .)
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| (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
| 13 |
| Sec. 11. Penalties; liability; fund.
| 14 |
| (a) Every person who, while engaging
in excavation or
| 15 |
| demolition, wilfully fails to comply with the Act by failing to | 16 |
| provide the
notice to the owners or operators of the | 17 |
| underground facilities or CATS
facility near the excavation or | 18 |
| demolition area through the State-Wide
One-Call Notice System | 19 |
| as required by Section 4 or 6 of this Act shall be subject to a
| 20 |
| penalty of up to $5,000 for each
separate offense and shall be | 21 |
| liable for
the damage caused to the owners or operators of the | 22 |
| facility.
| 23 |
| (b) Every person who, while engaging in excavation or | 24 |
| demolition, has
provided the notice to the owners or operators | 25 |
| of the underground utility
facilities or CATS facilities in and | 26 |
| near the excavation or demolition area
through the State-Wide | 27 |
| One-Call Notice System as required by Section 4 or 6 of
this | 28 |
| Act, but otherwise wilfully fails to comply with this Act, | 29 |
| shall be subject to a
penalty of up to $2,500 for each
separate | 30 |
| offense and shall be liable
for the damage caused to the owners | 31 |
| or operators of the facility.
| 32 |
| (c) Every person who, while engaging in excavation or | 33 |
| demolition, has
provided the notice to the owners or operators |
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| of the underground utility
facilities or CATS facilities in and | 2 |
| near the excavation or demolition area
through the State-Wide | 3 |
| One-Call Notice System as required by Section 4 or 6 of
this | 4 |
| Act, but otherwise, while acting reasonably, damages any | 5 |
| underground
utility facilities or CATS facilities, shall not be | 6 |
| subject to a penalty, but
shall be liable for the damage caused | 7 |
| to the owners or operators of the
facility provided the | 8 |
| underground utility facility or CATS facility is
properly | 9 |
| marked as provided in Section 10 of this Act.
| 10 |
| (d) Every person who, while engaging in excavation or | 11 |
| demolition, provides
notice to the owners or operators of the | 12 |
| underground utility facilities or CATS
facilities through the | 13 |
| State-Wide One-Call Notice System as an emergency locate
| 14 |
| request and the locate request is not an emergency locate | 15 |
| request as defined in
Section 2.6 of this Act shall be subject | 16 |
| to a penalty of up to $2,500 for each
separate offense.
| 17 |
| (e) Owners and operators of underground utility facilities | 18 |
| or CATS facilities (i) who wilfully fail to comply with this
| 19 |
| Act by a failure to mark the location of an underground
utility | 20 |
| or CATS facility or a failure to provide notice that facilities | 21 |
| are not within the proposed excavation or demolition area as | 22 |
| required in Section 10, or (ii) who willfully fail to respond | 23 |
| as required in Section 6 to an emergency request , after being | 24 |
| notified of planned excavation or
demolition through the | 25 |
| State-Wide One-Call Notice System, shall be subject to
a | 26 |
| penalty of up to
$5,000
for each separate offense resulting | 27 |
| from the failure to
mark an
underground utility facility or | 28 |
| CATS facility.
| 29 |
| (f) As provided in Section 3 of this Act, all owners or | 30 |
| operators of
underground utility facilities or CATS facilities | 31 |
| who fail to join the
State-Wide One-Call Notice System by | 32 |
| January 1, 2003 shall be subject to a
penalty of $100 per day | 33 |
| for each separate offense. Every day an owner or
operator fails | 34 |
| to join the State-Wide One-Call Notice System is a separate
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| offense. This subsection (f) does not apply to utilities | 2 |
| operating facilities
or CATS facilities exclusively within the | 3 |
| boundaries of a municipality with a
population of at least | 4 |
| 1,000,000 persons.
| 5 |
| (g) No owner or operator of underground utility facilities | 6 |
| or CATS facilities shall be subject to a penalty where a
delay | 7 |
| in marking or a failure to mark or properly mark the location | 8 |
| of an
underground utility or CATS facility is caused by | 9 |
| conditions beyond the
reasonable control of such owner or | 10 |
| operator.
| 11 |
| (h) Any person who is neither an agent, employee, or | 12 |
| authorized locating
contractor of the owner or operator of the | 13 |
| underground utility facility
or CATS
facility
nor an
excavator | 14 |
| involved in the excavation activity
who
removes, alters, or | 15 |
| otherwise damages markings, flags, or stakes used to mark
the
| 16 |
| location of an
underground utility or CATS facility other than | 17 |
| during the course of the
excavation for which
the markings were | 18 |
| made or before completion of the project shall be subject to
a | 19 |
| penalty up to
$1,000 for each separate offense.
| 20 |
| (i) The excavator shall exercise due care at all times to | 21 |
| protect
underground utility facilities and CATS facilities. | 22 |
| If, after proper
notification through the State-Wide One-Call | 23 |
| Notice System and upon arrival at
the site of a proposed | 24 |
| excavation, the excavator observes clear evidence of the
| 25 |
| presence of an unmarked utility or CATS facility in the area of | 26 |
| the proposed
excavation, the excavator shall not begin | 27 |
| excavating until 2 hours after an
additional call is made to | 28 |
| the State-Wide One-Call Notice System for the area.
The | 29 |
| operator of the utility or CATS facility shall respond within 2 | 30 |
| hours of
the excavator's call to the State-Wide One-Call Notice | 31 |
| System.
| 32 |
| (j) The Illinois Commerce Commission shall have the power | 33 |
| and jurisdiction
to, and shall, enforce the provisions of this | 34 |
| Act. The Illinois Commerce
Commission
may impose |
|
|
|
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LRB094 09311 MKM 45851 a |
|
| 1 |
| administrative penalties as provided in this Section. The | 2 |
| Illinois
Commerce Commission may promulgate rules and develop
| 3 |
| enforcement policies in the manner provided by the Public | 4 |
| Utilities Act in
order to implement compliance with this Act. | 5 |
| When a
penalty is warranted, the following criteria shall be | 6 |
| used in determining the
magnitude of the penalty:
| 7 |
| (1) gravity of noncompliance;
| 8 |
| (2) culpability of offender;
| 9 |
| (3) history of noncompliance for the 18 months prior to | 10 |
| the date of the incident ;
| 11 |
| (4) ability to pay penalty;
| 12 |
| (5) show of good faith of offender;
| 13 |
| (6) ability to continue business; and
| 14 |
| (7) other special circumstances.
| 15 |
| (k) There is hereby created in the State treasury a special | 16 |
| fund to be
known
as the Illinois Underground Utility Facilities | 17 |
| Damage Prevention Fund. All
penalties recovered in any action | 18 |
| under this Section shall be paid into the
Fund and shall be | 19 |
| distributed annually as a grant to the State-Wide
One-Call | 20 |
| Notice System to be used in safety and informational programs | 21 |
| to
reduce the number of incidents of damage to underground | 22 |
| utility facilities
and CATS facilities in Illinois. The | 23 |
| distribution shall be made during
January of each calendar year | 24 |
| based on the balance in the Illinois
Underground Utility | 25 |
| Facilities Damage Prevention Fund as of December 31 of
the | 26 |
| previous calendar year. In all such actions under this Section, | 27 |
| the
procedure and rules of evidence shall conform with the Code | 28 |
| of Civil
Procedure, and with rules of courts governing civil | 29 |
| trials.
| 30 |
| (l) The Illinois Commerce Commission shall establish an | 31 |
| Advisory
Committee consisting of a representative from each of | 32 |
| the following: utility
operator, JULIE, excavator, | 33 |
| municipality, and the general public. The Advisory
Committee | 34 |
| shall serve as a peer review panel for any contested penalties
|
|
|
|
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LRB094 09311 MKM 45851 a |
|
| 1 |
| resulting from the enforcement of this Act.
| 2 |
| The members of the Advisory Committee shall be immune, | 3 |
| individually and
jointly, from civil liability for any act or | 4 |
| omission done or made in
performance of their duties while | 5 |
| serving as members of such Advisory
Committee, unless the act | 6 |
| or omission was the result of willful and wanton
misconduct.
| 7 |
| (m) If, after the Advisory Committee has considered a | 8 |
| particular contested
penalty and performed its review | 9 |
| functions under this Act and the Commission's
rules, there | 10 |
| remains a dispute as to whether the Commission should impose a
| 11 |
| penalty under this Act, the matter shall proceed in the manner | 12 |
| set forth in
Article X of the Public Utilities Act, including | 13 |
| the provisions governing
judicial review.
| 14 |
| (Source: P.A. 92-179, eff. 7-1-02.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|