Full Text of SB1357 96th General Assembly
SB1357sam001 96TH GENERAL ASSEMBLY
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Sen. Dale E. Risinger
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1357
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| AMENDMENT NO. ______. Amend Senate Bill 1357 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 1, 2.1, | 6 |
| 2.2, 2.6, 4, 6, 7, 10, and 11 and by adding Sections 2.1.3, | 7 |
| 2.1.4, 2.1.5, 2.1.6, 2.1.9, and 2.1.10 as follows:
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| (220 ILCS 50/1) (from Ch. 111 2/3, par. 1601)
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| 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 .
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| (Source: P.A. 86-674.)
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| (220 ILCS 50/2.1) (from Ch. 111 2/3, par. 1602.1)
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| Sec. 2.1. "Person" means an individual, firm, joint | 3 |
| venture,
partnership, corporation, association, municipality | 4 |
| or other governmental
unit, department or agency, utility | 5 |
| cooperative, or joint stock
association, and includes any | 6 |
| trustee, receiver, or assignee or employee or agent or personal
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| representative thereof.
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| (Source: P.A. 86-674.)
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| (220 ILCS 50/2.1.3 new)
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| Sec. 2.1.3. No show request. "No show request" means a | 11 |
| notice initiated by an excavator through the State-Wide | 12 |
| One-Call Notice System to the owners or operators of | 13 |
| underground utility facilities notified in the prior locate | 14 |
| request that either failed to mark their facilities or to | 15 |
| communicate their non-involvement with the excavation prior to | 16 |
| the requested dig start date and time. | 17 |
| (220 ILCS 50/2.1.4 new)
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| Sec. 2.1.4. Incomplete request. "Incomplete request" | 19 |
| means a notice initiated by an excavator through the State-Wide | 20 |
| One-Call Notice System to the owners or operators of | 21 |
| underground utility facilities notified in a prior locate | 22 |
| request that such facility owners or operators, as identified | 23 |
| by the person excavating, did not completely mark the entire | 24 |
| extent or the entire segment of the proposed excavation, as |
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| identified by the excavator in the prior notice. | 2 |
| (220 ILCS 50/2.1.5 new)
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| Sec. 2.1.5. Re-mark request. "Re-mark request" means a | 4 |
| notice initiated by an excavator through the State-Wide | 5 |
| One-Call Notice System to the owners or operators of | 6 |
| underground utility facilities notified in the initial locate | 7 |
| request requesting facility owners or operators to re-mark all | 8 |
| or part of the work area identified in the initial locate | 9 |
| request, because facility markings are becoming or have become | 10 |
| indistinguishable due to factors, including, but not limited | 11 |
| to, weather, fading, construction activity, or vandalism. | 12 |
| (220 ILCS 50/2.1.6 new)
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| Sec. 2.1.6. Residential property owner. "Residential | 14 |
| property owner" means any individual or entity that owns or | 15 |
| leases real property, which property is zoned residential and | 16 |
| used by such individual or entity as its residence or dwelling. | 17 |
| Residential property owner does not include any persons who own | 18 |
| or lease residential property for the purpose of holding or | 19 |
| developing such property or for any other business or | 20 |
| commercial purposes. | 21 |
| (220 ILCS 50/2.1.9 new)
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| Sec. 2.1.9. JULIE Excavator Handbook. "JULIE Excavator | 23 |
| Handbook" means the handbook periodically updated and |
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| published by the State-Wide One-Call Notice System that | 2 |
| provides information for excavators and facility owners and | 3 |
| operators on the use and services of the State-Wide One-Call | 4 |
| Notice System. | 5 |
| (220 ILCS 50/2.1.10 new)
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| Sec. 2.1.10. Internal electric grid of a wind turbine | 7 |
| generation farm. "Internal electric grid of a wind turbine | 8 |
| generation farm" means those facilities located within a wind | 9 |
| generation farm from a tower to a substation.
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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. | 12 |
| (a) "Underground utility facilities" or "facilities" means | 13 |
| and includes wires, ducts, fiber optic cable, conduits, pipes, | 14 |
| sewers, and cables and their connected appurtenances installed | 15 |
| beneath the surface of the ground by: | 16 |
| (1) a public utility as defined in the Public Utilities | 17 |
| Act; | 18 |
| (2) a municipally owned or mutually owned utility | 19 |
| providing a similar utility service; | 20 |
| (3) a pipeline entity transporting gases, crude oil, | 21 |
| petroleum products, or other hydrocarbon materials within | 22 |
| the State; | 23 |
| (4) a telecommunications carrier as defined in the | 24 |
| Universal Telephone Service Protection Law of 1985, or by a |
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| company described in Section 1 of the Telephone Company | 2 |
| Act; | 3 |
| (5) a community antenna television system, as defined | 4 |
| in the Illinois Municipal Code or the Counties Code; | 5 |
| (6) a holder, as that term is defined in the Cable and | 6 |
| Video Competition Law of 2007; | 7 |
| (7) any other entity owning or operating underground | 8 |
| facilities that transport generated electrical power to | 9 |
| other utility owners or operators or transport generated | 10 |
| electrical power within the internal electric grid of a | 11 |
| wind turbine generation farm; and | 12 |
| (8) an electric cooperative as defined in the Public | 13 |
| Utilities Act. | 14 |
| "Underground utility
facilities" or "facilities" means and
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| includes wires, ducts, fiber optic cable, conduits, pipes, | 16 |
| sewers, and
cables and
their connected appurtenances installed | 17 |
| beneath the surface of the ground
by a public utility (as is | 18 |
| defined in the Illinois Public Utilities Act, as
amended), or | 19 |
| by a municipally owned or mutually owned utility providing a
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| similar utility service, except an electric cooperative as | 21 |
| defined in the
Illinois Public Utilities Act, as amended, or by | 22 |
| a pipeline entity
transporting gases, crude oil, petroleum | 23 |
| products, or other hydrocarbon
materials within the State, or | 24 |
| by a telecommunications carrier as defined in
the Universal | 25 |
| 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, |
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| duties and
property of telephone companies", approved May 16, | 2 |
| 1903, as amended, or by
a community antenna television system, | 3 |
| hereinafter referred to as "CATS",
as defined in the Illinois | 4 |
| Municipal Code, as amended.
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| (Source: P.A. 94-623, eff. 8-18-05.)
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| (220 ILCS 50/2.6)
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| Sec. 2.6. Emergency locate request. "Emergency locate | 8 |
| request" means a
locate request for any
condition constituting | 9 |
| an imminent danger to life, health, or property,
or a utility | 10 |
| service outage, and which requires immediate repair or action | 11 |
| before the expiration of 48 hours .
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| (Source: P.A. 92-179, eff. 7-1-02.)
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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 | 15 |
| 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 | 18 |
| facilities in and
near the area for which such operation is | 19 |
| to be conducted;
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| (b) plan the excavation or demolition to avoid or | 21 |
| minimize interference with
underground utility facilities | 22 |
| or CATS facilities within the tolerance zone
by utilizing | 23 |
| such precautions that include, but are not limited to, hand
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| excavation, vacuum excavation methods, and visually |
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| inspecting the excavation
while in progress until clear of | 2 |
| the existing marked facility;
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| (c) if practical, use white paint, flags, stakes, or | 4 |
| both, to outline the
dig site;
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| (d) provide notice not less than 48 hours
but no more | 6 |
| than 14 calendar days in
advance of the start of the
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| excavation or demolition to the owners or operators of the | 8 |
| underground
utility facilities or CATS facilities in and | 9 |
| near the excavation or
demolition area through the | 10 |
| State-Wide One-Call Notice System or, in the
case of | 11 |
| nonemergency excavation or demolition within the | 12 |
| boundaries of a
municipality of at least one million | 13 |
| persons which operates its own
one-call notice system, | 14 |
| through the one-call notice system which operates
in that | 15 |
| municipality . | 16 |
| At a minimum, the notice required under this subsection | 17 |
| (d) shall provide: | 18 |
| (1) the person's name, address, phone number at | 19 |
| which a person can be reached, and fax number, if | 20 |
| available; | 21 |
| (2) the start date and time of the planned | 22 |
| excavation or demolition; | 23 |
| (3) all counties, cities, or townships, or any | 24 |
| combination thereof, where the proposed excavation | 25 |
| shall take place; | 26 |
| (4) the address at which the excavation or |
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| demolition shall take place; | 2 |
| (5) the type and extent of the work involved; and | 3 |
| (6) the section or quarter sections when the | 4 |
| information in items (1) through (5) of this subsection | 5 |
| (d) does not allow the State-Wide One-Call Notice | 6 |
| System to determine the appropriate excavation or | 7 |
| demolition site. This item (6) does not apply to | 8 |
| residential property owners ;
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| (e) provide, during and following excavation or | 10 |
| demolition,
such support for
existing underground utility | 11 |
| facilities or CATS facilities in and near the
excavation or | 12 |
| demolition area as may be reasonably necessary for the | 13 |
| protection
of such facilities unless otherwise agreed to by | 14 |
| the owner or operator of the
underground facility or CATS | 15 |
| facility ;
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| (f) backfill all excavations in such manner and with | 17 |
| such
materials as may
be reasonably necessary for the | 18 |
| protection of existing underground utility
facilities or | 19 |
| CATS facilities in and near the excavation or demolition | 20 |
| area;
and
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| (g) after After February 29, 2004, when the excavation | 22 |
| or demolition project
will extend past 28 calendar days | 23 |
| from the date of the original notice provided
under clause | 24 |
| (d), the excavator shall provide a subsequent notice to the | 25 |
| owners
or operators of the underground utility facilities | 26 |
| 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 | 2 |
| the case of excavation or demolition within the boundaries | 3 |
| of a
municipality having a population of at least 1,000,000 | 4 |
| inhabitants that
operates its own one-call
notice system, | 5 |
| through the one-call notice system that operates in that
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| municipality
informing utility owners and operators that | 7 |
| additional time to complete
the excavation or demolition | 8 |
| project will be required. The notice will provide
the | 9 |
| excavator with an additional 28 calendar days from the date | 10 |
| of the
subsequent notification to continue or complete the | 11 |
| excavation or demolition
project ; .
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| (h) exercise due care at all times to protect | 13 |
| underground utility facilities. If, after proper | 14 |
| notification through the State-Wide One-Call Notice System | 15 |
| and upon arrival at the site of the proposed excavation, | 16 |
| the excavator observes clear evidence of the presence of an | 17 |
| unmarked or incompletely marked utility in the area of the | 18 |
| proposed excavation, the excavator shall not begin | 19 |
| excavating until all affected facilities have been marked | 20 |
| or 2 hours after an additional call is made to the | 21 |
| State-Wide One-Call Notice System for the area. The owner | 22 |
| or operator of the utility shall respond within 2 hours of | 23 |
| the excavator's call to the State-Wide One-Call Notice | 24 |
| System; and | 25 |
| (i) when factors, including, but not limited to, | 26 |
| weather, construction activity, or vandalism, at the |
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| excavation site have caused the utility markings to become | 2 |
| faded or indistinguishable, the excavator shall provide an | 3 |
| additional notice through the State-Wide One-Call Notice | 4 |
| System requesting that only the affected areas where | 5 |
| excavation or demolition is to continue be re-marked. | 6 |
| Facility owners or operators must respond to the notice to | 7 |
| re-mark according to the requirements of Section 10 of this | 8 |
| Act. | 9 |
| At a minimum, the notice required under clause (d) shall | 10 |
| provide:
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| (1) the person's name, address, and (i) phone number at | 12 |
| which a person
can be reached and (ii) fax number, if | 13 |
| available;
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| (2) the start date of the planned excavation or | 15 |
| demolition;
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| (3) the address at which the excavation or demolition | 17 |
| 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 | 20 |
| information does not
allow the State-Wide One-Call Notice | 21 |
| System to determine the appropriate
geographic | 22 |
| 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 | 25 |
| excavation if
conducted in a manner that would avoid | 26 |
| interference with
underground utility facilities or CATS |
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| facilities .
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| (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
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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 | 7 |
| least one
million persons which operates its own one-call | 8 |
| notice system shall take
all reasonable precautions to avoid or | 9 |
| minimize
interference between the emergency work and existing | 10 |
| underground utility
facilities or CATS facilities in and near | 11 |
| the excavation or demolition
area, through the State-Wide | 12 |
| One-Call Notice System,
and shall notify, as far in advance as | 13 |
| possible, the owners or operators of
such underground utility | 14 |
| facilities or CATS facilities in and near the
emergency | 15 |
| excavation or demolition area, through the State-Wide One-Call
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| Notice System.
At a minimum, the notice required under this | 17 |
| subsection (a) shall provide:
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| (1) the person's name, address, and (i) phone number at | 19 |
| which a person can
be reached and (ii) fax number, if | 20 |
| available;
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| (2) the start date of the planned emergency excavation | 22 |
| or demolition;
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| (3) the address at which the excavation or demolition | 24 |
| 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 | 2 |
| requested on the notice, whichever is longer, after an | 3 |
| emergency locate notification request is
made through the | 4 |
| State-Wide One-Call Notice System. If the conditions at the
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| site dictate an earlier start than the required wait time, it | 6 |
| is the
responsibility of the excavator to demonstrate that site | 7 |
| conditions warranted
this earlier start time.
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| Upon notice by the person engaged in emergency excavation | 9 |
| or demolition, the owner or operator of an underground utility | 10 |
| facility or CATS facility in or near the excavation or | 11 |
| demolition area shall communicate with the person engaged in | 12 |
| emergency excavation or demolition within 2 hours or by the | 13 |
| date and time requested on the notice, whichever is longer by | 14 |
| (1) marking the approximate location of underground | 15 |
| facilities; (2) advising the person excavating that their | 16 |
| underground facilities are not in conflict with the emergency | 17 |
| excavation; or (3) notifying the person excavating that the | 18 |
| owner or operator shall be delayed in marking because of | 19 |
| conditions as referenced in subsection (g) of Section 11 of | 20 |
| this Act . | 21 |
| The notice by the owner or operator to the person engaged | 22 |
| in emergency excavation or demolition may be provided by phone | 23 |
| or phone message or by marking the excavation or demolition | 24 |
| area. The owner or operator has discharged the owner's or | 25 |
| operator's obligation to provide notice under this Section if | 26 |
| the owner or operator attempts to provide notice by telephone |
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| but is unable to do so because the person engaged in the | 2 |
| emergency excavation or demolition does not answer his or her | 3 |
| telephone or does not have an answering machine or answering | 4 |
| service to receive the telephone call. If the owner or operator | 5 |
| attempts to provide notice by telephone or by facsimile but | 6 |
| receives a busy signal, that attempt shall not discharge the | 7 |
| owner or operator from the obligation to provide notice under | 8 |
| this Section.
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| (b) Every person who engages in emergency excavation or | 10 |
| demolition
within the boundaries of a municipality of at least | 11 |
| one million persons
which operates its own one-call notice | 12 |
| system shall take all reasonable
precautions to avoid or | 13 |
| minimize interference between the emergency work
and existing | 14 |
| underground utility facilities or CATS facilities in and near
| 15 |
| the excavation or demolition area, through the municipality's | 16 |
| one-call
notice system, and shall notify, as far in advance as | 17 |
| possible, the owners
and operators of underground utility | 18 |
| facilities or CATS facilities in and
near the emergency | 19 |
| excavation or demolition area, through the
municipality's | 20 |
| one-call notice system.
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| (c) The reinstallation of traffic control devices shall be | 22 |
| deemed an
emergency for purposes of this Section.
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| (d) An open cut utility locate shall be deemed an emergency | 24 |
| for purposes of this Section.
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| (Source: P.A. 94-623, eff. 8-18-05.)
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| (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
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| Sec. 7. Damage or dislocation. In the event of any damage | 3 |
| to or
dislocation of any underground
utility facilities or CATS | 4 |
| facilities in connection with any excavation or
demolition, | 5 |
| emergency or nonemergency, the person responsible for the
| 6 |
| excavation or demolition operations shall immediately cease | 7 |
| excavation in the area of the damage when the damaged facility | 8 |
| is a threat to life or property or if otherwise required by law | 9 |
| and notify the affected
utility and the State-Wide One-Call | 10 |
| Notice System or, in the case of damage
or dislocation in | 11 |
| connection with any excavation or demolition within the
| 12 |
| boundaries of a municipality having a population of at least | 13 |
| 1,000,000
inhabitants that operates its
own one-call notice | 14 |
| system, notify the affected utility and the one-call
notice | 15 |
| system that operates in that municipality. The person | 16 |
| responsible for the excavation or demolition shall not attempt | 17 |
| to repair, clamp, or constrict the damaged utility facility | 18 |
| unless directed to do so by the utility facility owner or | 19 |
| operator. In the event of any damage to any underground utility | 20 |
| facility that results in the escape of any flammable, toxic, or | 21 |
| corrosive gas or liquid, the person responsible for the | 22 |
| excavation or demolition shall call 9-1-1 and notify | 23 |
| authorities of the damage. Owners and operators of
underground | 24 |
| utility facilities that are damaged and the excavator involved
| 25 |
| shall work in a cooperative and expeditious manner to repair | 26 |
| the affected
utility.
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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 50/10) (from Ch. 111 2/3, par. 1610)
| 3 |
| Sec. 10. Record of notice; marking of facilities. Upon | 4 |
| notice by the
person engaged in excavation or
demolition, the | 5 |
| person owning or operating underground utility facilities
or | 6 |
| CATS facilities in or near the excavation or demolition area | 7 |
| shall
cause a written record to be made of the notice and shall | 8 |
| mark, within 48
hours of receipt of notice or by the requested | 9 |
| date and time indicated on the notice, whichever is later , the
| 10 |
| approximate locations of such facilities so as to enable the | 11 |
| person excavating
or demolishing to establish the location of | 12 |
| the underground utility facilities
or CATS facilities . Owners | 13 |
| and operators of underground sewer facilities
that are located | 14 |
| outside the boundaries of a municipality having a population
of | 15 |
| at least 1,000,000 inhabitants
shall be required to
respond and | 16 |
| mark the approximate location of those sewer facilities when
| 17 |
| the excavator indicates, in the notice required in Section 4, | 18 |
| that the
excavation or demolition project will exceed a depth | 19 |
| of 7 feet. "Depth", in
this
case, is defined as the distance | 20 |
| measured vertically from the surface of the
ground to the top | 21 |
| of the sewer facility. Owners and operators of underground
| 22 |
| sewer
facilities
that are located outside the boundaries of a | 23 |
| municipality having a population
of at least 1,000,000 | 24 |
| inhabitants
shall be required at all times to locate the | 25 |
| approximate location of
those sewer facilities
when: (1) |
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| directional
boring is the indicated type of excavation work | 2 |
| being performed within the
notice; (2) the underground sewer | 3 |
| facilities owned are non-gravity, pressurized
force mains; or | 4 |
| (3) the excavation indicated will occur in the immediate
| 5 |
| proximity of known
underground sewer facilities that are less | 6 |
| than 7 feet deep. Owners or
operators of underground sewer
| 7 |
| facilities that are located outside the boundaries of a | 8 |
| municipality having a
population
of at least 1,000,000 | 9 |
| inhabitants
shall not hold an excavator liable for damages that | 10 |
| occur to sewer
facilities that were not required to be marked | 11 |
| under this Section, provided
that
prompt notice of the damage | 12 |
| is made to the State-Wide One-Call Notice System
and
the | 13 |
| utility owner as required in Section 7.
| 14 |
| All persons subject to the requirements of this Act shall | 15 |
| plan and conduct
their work consistent with reasonable business | 16 |
| practices. Conditions may exist
making it unreasonable to | 17 |
| request that locations be marked within 48 hours or by the | 18 |
| requested date and time indicated on the notice, whichever is | 19 |
| later . It
is unreasonable to request owners and operators of | 20 |
| underground utility
facilities and CATS facilities to locate | 21 |
| all of their facilities in an affected
area upon
short notice | 22 |
| in advance of a large or extensive nonemergency project, or to
| 23 |
| request extensive locates in excess of a reasonable excavation | 24 |
| or demolition
work schedule, or to request locates under | 25 |
| conditions where a repeat request is
likely
to be made because | 26 |
| of the passage of time or adverse job conditions.
Owners
and |
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| operators of underground utility facilities and CATS | 2 |
| facilities must
reasonably anticipate seasonal fluctuations in | 3 |
| the number of locate requests
and staff accordingly.
| 4 |
| If a person owning or operating underground utility | 5 |
| facilities or CATS
facilities receives a notice under this | 6 |
| Section but does not own
or operate any underground utility | 7 |
| facilities or CATS facilities within the
proposed excavation or | 8 |
| demolition area described in the notice, that person,
within 48 | 9 |
| hours or by the requested date and time indicated on the | 10 |
| notice, whichever is later, after receipt
of the notice, shall | 11 |
| so notify the person engaged in excavation or demolition
who | 12 |
| initiated the notice, unless the person who initiated the | 13 |
| notice
expressly waives the right to be notified that no | 14 |
| facilities are located within
the excavation or demolition | 15 |
| area. The notification by the owner or operator
of
underground | 16 |
| utility facilities or CATS facilities to the person engaged in
| 17 |
| excavation or demolition may be provided in any reasonable | 18 |
| manner including,
but not limited to, notification in any one | 19 |
| of the following ways: by
face-to-face communication; by phone | 20 |
| or phone message; by facsimile; by posting
in the excavation or | 21 |
| demolition area; or by marking the excavation or
demolition | 22 |
| area. The owner or operator of those facilities has discharged | 23 |
| the
owner's or operator's obligation to provide notice under | 24 |
| this Section if the
owner or operator attempts to provide | 25 |
| notice by telephone or by facsimile, if
the person has supplied | 26 |
| a facsimile number, but is unable to do
so because the person |
|
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LRB096 05751 MJR 24384 a |
|
| 1 |
| engaged in the excavation or demolition does not answer
his or | 2 |
| her telephone or does not have an answering machine or | 3 |
| answering service
to receive the telephone call or does not | 4 |
| have a facsimile machine in operation
to receive the facsimile | 5 |
| transmission. If the owner or operator attempts to
provide | 6 |
| notice by telephone or by facsimile but receives a busy signal, | 7 |
| that
attempt shall not serve to discharge the owner or operator | 8 |
| of the obligation to
provide notice under this Section.
| 9 |
| A person engaged in excavation or demolition may expressly | 10 |
| waive the right
to notification from the owner or operator of | 11 |
| underground utility facilities or
CATS facilities that the | 12 |
| owner or operator has no facilities located in the
proposed | 13 |
| excavation or demolition area. Waiver of notice is only | 14 |
| permissible
in the case of regular or nonemergency locate | 15 |
| requests. The waiver must be
made at the time of
the notice to | 16 |
| the State-Wide One-Call Notice System. A waiver made under this
| 17 |
| Section is not admissible as evidence in any criminal or civil | 18 |
| action that may
arise out of, or is in any way related to, the | 19 |
| excavation or demolition that is
the subject of the waiver.
| 20 |
| For the purposes of this Act,
underground facility | 21 |
| operators may utilize a combination of flags, stakes,
and paint | 22 |
| when possible on non-paved surfaces and when dig site and | 23 |
| seasonal
conditions warrant. If the approximate
location of an | 24 |
| underground utility facility or CATS facility is marked with
| 25 |
| stakes or other physical means, the following color coding | 26 |
| shall be employed:
| |
|
|
|
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LRB096 05751 MJR 24384 a |
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| 1 | | Underground Facility Identification Color |
| |
2 | | Facility Owner or Agent Use Only | |
| |
3 | | Electric Power, Distribution and | |
|
4 | | Transmission ........................ | Safety Red |
|
5 | | Municipal Electric Systems .............. | Safety Red |
|
6 | | Gas Distribution and Transmission ....... | High Visibility Safety |
|
7 | | | Yellow |
|
8 | | Oil Distribution and Transmission ....... | High Visibility Safety |
|
9 | | | Yellow |
|
10 | | Telephone and Telegraph Systems ......... | Safety Alert Orange |
|
11 | | Community Antenna Television Systems .... | Safety Alert Orange |
|
12 | | Water Systems ........................... | Safety Precaution Blue |
|
13 | | Sewer Systems ........................... | Safety Green |
|
14 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
|
| |
16 | | Temporary Survey ........................ | Safety Pink |
|
17 | | Proposed Excavation ..................... | Safety White (Black |
|
18 | | | when snow is on the |
|
19 | | | ground) |
| 20 |
| (Source: P.A. 93-430, eff. 8-5-03; 94-623, eff. 8-18-05.)
|
|
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09600SB1357sam001 |
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LRB096 05751 MJR 24384 a |
|
| 1 |
| (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
| 2 |
| Sec. 11. Penalties; liability; fund.
| 3 |
| (a) Every person who, while engaging
in excavation or
| 4 |
| demolition, wilfully fails to comply with the Act by failing to | 5 |
| provide the
notice to the owners or operators of the | 6 |
| underground facilities or CATS
facility near the excavation or | 7 |
| demolition area through the State-Wide
One-Call Notice System | 8 |
| as required by Section 4 or 6 of this Act shall be subject to a
| 9 |
| penalty of up to $5,000 for each
separate offense and shall be | 10 |
| liable for
the damage caused to the owners or operators of the | 11 |
| facility. Every person who fails to provide notice and | 12 |
| willfully fails to comply with other provisions of this Act | 13 |
| shall be subject to additional penalties of up to $2,500 for | 14 |
| each separate offense and shall be liable for the damage caused | 15 |
| to the owners or operators of the facility.
| 16 |
| (b) Every person who , while engaging in excavation or | 17 |
| demolition, has
provided the notice to the owners or operators | 18 |
| of the underground utility
facilities or CATS facilities in and | 19 |
| near the excavation or demolition area
through the State-Wide | 20 |
| One-Call Notice System as required by Section 4 or 6 of
this | 21 |
| Act, but otherwise wilfully fails to comply with this Act, | 22 |
| shall be subject to a
penalty of up to $2,500 for each
separate | 23 |
| offense and shall be liable
for the damage caused to the owners | 24 |
| or operators of the facility.
| 25 |
| (c) Every person who, while engaging in excavation or | 26 |
| demolition, has
provided the notice to the owners or operators |
|
|
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09600SB1357sam001 |
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LRB096 05751 MJR 24384 a |
|
| 1 |
| 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 |
| who willfully fail to comply with this Act by a failure to | 19 |
| respond or mark the approximate location of an underground | 20 |
| utility as required by subsection (h) of Section 4, subsection | 21 |
| (a) of Section 6, or Section 10 of this Act after being | 22 |
| notified of planned excavation or demolition through the | 23 |
| State-Wide One-Call Notice System, shall be subject to a | 24 |
| penalty of up to $5,000 for each separate offense. Owners and | 25 |
| operators of underground utility facilities or CATS facilities | 26 |
| (i) who wilfully fail to comply with this
Act by a failure to |
|
|
|
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LRB096 05751 MJR 24384 a |
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| 1 |
| mark the location of an underground
utility or CATS facility or | 2 |
| a failure to provide notice that facilities are not within the | 3 |
| proposed excavation or demolition area as required in Section | 4 |
| 10, or (ii) who willfully fail to respond as required in | 5 |
| Section 6 to an emergency request, after being notified of | 6 |
| planned excavation or
demolition through the State-Wide | 7 |
| One-Call Notice System, shall be subject to
a penalty of up to
| 8 |
| $5,000
for each separate offense resulting from the failure to
| 9 |
| mark an
underground utility facility or CATS facility.
| 10 |
| (f) As provided in Section 3 of this Act, all owners or | 11 |
| operators of
underground utility facilities or CATS facilities | 12 |
| who fail to join the
State-Wide One-Call Notice System by | 13 |
| January 1, 2003 shall be subject to a
penalty of $100 per day | 14 |
| for each separate offense. Every day an owner or
operator fails | 15 |
| to join the State-Wide One-Call Notice System is a separate
| 16 |
| offense. This subsection (f) does not apply to utilities | 17 |
| operating facilities
or CATS facilities exclusively within the | 18 |
| boundaries of a municipality with a
population of at least | 19 |
| 1,000,000 persons.
| 20 |
| (g) No owner or operator of underground utility facilities | 21 |
| or CATS facilities shall be subject to a penalty where a
delay | 22 |
| in marking or a failure to mark or properly mark the location | 23 |
| of an
underground utility or CATS facility is caused by | 24 |
| conditions beyond the
reasonable control of such owner or | 25 |
| operator.
| 26 |
| (h) Any person who is neither an agent, employee, or |
|
|
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09600SB1357sam001 |
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LRB096 05751 MJR 24384 a |
|
| 1 |
| authorized locating
contractor of the owner or operator of the | 2 |
| underground utility facility
or CATS
facility
nor an
excavator | 3 |
| involved in the excavation activity
who
removes, alters, or | 4 |
| otherwise damages markings, flags, or stakes used to mark
the
| 5 |
| location of an
underground utility or CATS facility other than | 6 |
| during the course of the
excavation for which
the markings were | 7 |
| made or before completion of the project shall be subject to
a | 8 |
| penalty up to
$1,000 for each separate offense.
| 9 |
| (i) (Blank). The excavator shall exercise due care at all | 10 |
| times to protect
underground utility facilities and CATS | 11 |
| facilities. If, after proper
notification through the | 12 |
| State-Wide One-Call Notice System and upon arrival at
the site | 13 |
| of a proposed excavation, the excavator observes clear evidence | 14 |
| of the
presence of an unmarked utility or CATS facility in the | 15 |
| area of the proposed
excavation, the excavator shall not begin | 16 |
| excavating until 2 hours after an
additional call is made to | 17 |
| the State-Wide One-Call Notice System for the area.
The | 18 |
| operator of the utility or CATS facility shall respond within 2 | 19 |
| hours of
the excavator's call to the State-Wide One-Call Notice | 20 |
| System.
| 21 |
| (j) The Illinois Commerce Commission shall have the power | 22 |
| and jurisdiction
to, and shall, enforce the provisions of this | 23 |
| Act. The Illinois Commerce
Commission
may impose | 24 |
| administrative penalties as provided in this Section. The | 25 |
| Illinois
Commerce Commission may promulgate rules and develop
| 26 |
| enforcement policies in the manner provided by the Public |
|
|
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LRB096 05751 MJR 24384 a |
|
| 1 |
| Utilities Act in
order to implement compliance with this Act. | 2 |
| When a
penalty is warranted, the following criteria shall be | 3 |
| used in determining the
magnitude of the penalty:
| 4 |
| (1) gravity of noncompliance;
| 5 |
| (2) culpability of offender;
| 6 |
| (3) history of noncompliance for the 18 months prior to | 7 |
| the date of the incident; however, when determining | 8 |
| non-compliance the alleged violator's roles as operator or | 9 |
| owner and the person engaged in excavating shall be treated | 10 |
| separately;
| 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, |
|
|
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LRB096 05751 MJR 24384 a |
|
| 1 |
| the
procedure and rules of evidence shall conform with the Code | 2 |
| of Civil
Procedure, and with rules of courts governing civil | 3 |
| trials.
| 4 |
| (l) The Illinois Commerce Commission shall establish an | 5 |
| Advisory
Committee consisting of a representative from each of | 6 |
| the following: utility
operator, JULIE, excavator, | 7 |
| municipality, and the general public. The Advisory
Committee | 8 |
| shall serve as a peer review panel for any contested penalties
| 9 |
| resulting from the enforcement of this Act.
| 10 |
| The members of the Advisory Committee shall be immune, | 11 |
| individually and
jointly, from civil liability for any act or | 12 |
| omission done or made in
performance of their duties while | 13 |
| serving as members of such Advisory
Committee, unless the act | 14 |
| or omission was the result of willful and wanton
misconduct.
| 15 |
| (m) If, after the Advisory Committee has considered a | 16 |
| particular contested
penalty and performed its review | 17 |
| functions under this Act and the Commission's
rules, there | 18 |
| remains a dispute as to whether the Commission should impose a
| 19 |
| penalty under this Act, the matter shall proceed in the manner | 20 |
| set forth in
Article X of the Public Utilities Act, including | 21 |
| the provisions governing
judicial review.
| 22 |
| (Source: P.A. 94-623, eff. 8-18-05.)
| 23 |
| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2010.".
|
|