AUTHORITY: Implementing Section 9-113 and authorized by Section 4-201.1 of the Illinois Highway Code (Ill. Rev. Stat. 1989, ch. 121, pars. 4-201.1 and 9-113).

SOURCE: Adopted at 3 Ill. Reg. 19, p. 45, effective May 7, 1979; codified at 7 Ill. Reg. 3202; Part repealed, new Part adopted at 16 Ill. Reg. 2193, effective January 27, 1992.

SUBPART A: GENERAL PROVISIONS

 

Section 530.10  Purpose

 

a)         The purpose of this Part is to establish policies and procedures for accommodating utilities on right-of-way of the Illinois State Highway System, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the State Highway System.

 

b)         A decision regarding the accommodation of a utility at a particular location should be made consistent with sound engineering practices.

 

c)         The Department's determination would include an evaluation of the direct and indirect environmental and economic effects of any loss of productive agricultural land which would result from the disapproval of the use of the right-of-way of a highway for the accommodation of such utility.  Thus, while this Part provides standards for accommodating utilities on right-of-way of the Illinois State Highway System, under the jurisdiction of the Department, this Part is not a substitute for sound engineering judgment (See Section 530.30, "Sound Engineering Judgment").

 

d)         Because it is impossible to anticipate all future highway needs or proposals, the Department reserves the right to deny an application or to deviate from the standards of this Part if sound engineering reasons dictate such action.

 

e)         This Part applies to all utility facilities on public highway right-of-way in which the Department has an interest, whether those facilities are permitted or not and whether those facilities were in place before or after the promulgation of this Part.

 

f)         This Part supersedes the Department's Policy on the Accommodation of Utilities on Right-of-way of the Illinois State Highway System issued May, 1979 and all prior issues.

 

Section 530.20  Incorporation by Reference

 

a)         This Part incorporates references which are the basis and guidelines for the development of the Department's policy for accommodation of utilities on right-of-way of the Illinois State Highway System.  Where specific reference is made, and that reference incorporates material by reference, the material incorporated is a part of this Part and shall be that which is effective as indicated, not including any later amendments or editions.  Copies of the appropriate materials are available from the Department's Central Bureau of Maintenance, Division of Highways, 2300 South Dirksen Parkway, Springfield, Illinois 62764 and all nine highway District offices (see Section 530.Illustration A).

 

1)         American Association of State Highway and Transportation Officials (AASHTO) – A Guide for Accommodating Utilities Within Highway Right-of-Way (Copyright 1981).

 

2)         AASHTO – A Policy on the Accommodation of Utilities Within Freeway Right-of-Way (Copyright 1989).

 

3)         U.S. Department of Transportation, Federal Highway Administration (FHWA) – Federal-Aid Highway Program Manual Transmittal 426 (HNG-12) dated November 11, 1988 (Volume 6, Chapter 6, Section 3, Subsection 2).

 

4)         U.S. Department of Transportation, Federal Highway Administration – Federal-Aid Highway Program Manual Transmittal 74 (HRW-O) dated October 4, 1974 (Volume 7, Chapter 4, Section 3).

 

5)         Institute of Electrical and Electronics Engineers, Inc. – American National Standards, National Electrical Safety Code (ANSI C2-1990).

 

6)         The American Society of Mechanical Engineers – American National Standards, Gas Transmission and Distribution Piping Systems (ANSI/ASME B31.8), 1989 edition.

 

7)         The American Society of Mechanical Engineers – American National Standards, Liquid Petroleum Transportation Piping Systems (ANSI/ASME B31.4), 1989 edition.

 

8)         The Associated General Contractors of Illinois – Standard Specifications for Water and Sewer Main Construction in Illinois, 4th edition, May 1986 publication.

 

9)         International Society of Arboriculture – Valuation of Landscape Trees, Shrubs and Other Plants (Copyright 1988).

 

10)         Office of Pipeline Safety Operations, U.S. Department of Transportation (49 CFR Parts 191 and 192) – Transportation of Natural and Other Gas by Pipeline:  Minimum Federal Safety Standards, revised as of October 1, 1988.

 

11)         AASHTO – Roadside Design Guide (Copyright 1989).

 

12)         Office of Federal Register National Archives and Record Administration – National Bridge Inspection Standards (23 CFR 25), revised as of April 1, 1984.

 

b)         NOTE:  The references listed above are also available through the following sources:

 

1)         Items 1, 2 and 11:

 

            AASHTO

            444 North Capitol, N.W.

            Suite 225

            Washington, D.C. 20001

 

2)         Items 3, 4, 10 and 12:

 

            United States Department of Transportation

            Federal Highway Administration

            400 Seventh Street, S.W.

            Washington, D.C. 20590

 

3)         Item 5:

 

            American National Standards Institute

            1430 Broadway

            New York, New York 10018

 

4)         Items 6 and 7:

 

            The American Society of Mechanical Engineers

            345 East 47^th Street

            New York, New York 10017

 

5)         Item 8:

 

            The Associated General Contractors of Illinois

            3219 Executive Park Drive, P.O. Box 2579

            Springfield, Illinois 62708

 

6)         Item 9:

 

            International Society of Arboriculture

            P.O. Box 908

            Urbana, Illinois 61801

 

Section 530.30  Definitions

 

As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows:

 

            "ANSI" – American National Standards Institute.

 

            "Applicant" – A person applying for a permit under this Part.

 

            "ASTM" – American Society for Testing and Materials.

 

            "Backfill" – The methods or materials for replacing excavated material in a trench or pit.

 

            "Bore" or "Boring" – To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.

 

            "Carrier Pipe" – The pipe enclosing the liquid, gas or slurry to be transported.

 

            "Casing" – A structural protective enclosure for transmittal devices such as:  carrier pipes, electrical conductors, and fiber optic devices.

 

            "Clear Zone" – The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles.  This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area.  The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry.  Distances are specified in the AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.

 

            "Coating" – Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.

 

            "Code" – The Illinois Highway Code (Ill. Rev. Stat. 1989, ch. 121, pars. 1-101 et seq.).

 

            "Conductor" – Wire carrying electrical current.

 

            "Conduit" – A casing or encasement usually for an electrical conductor.

 

            "Control of Access" – To designate, establish and regulate existing or proposed State highways as freeways, including the acquisition of all existing, future or potential easements or rights of access, crossing, light, air or view, to, from or over such freeway right-of-way, from or to any real property abutting such freeway right-of-way.

 

            "Conventional Highway" – State highway with minimum access-control.

 

            "Cover" – The depth of earth or backfill over buried utility pipe or conductor.

 

            "Department" – The Illinois Department of Transportation.

 

            "Department Approved" – The approval of the Department requires compliance with this Part.  The Department's approval shall be consistent with commonly recognized and accepted traffic control and construction principles, including material selection, and with sound engineering judgment.

 

            Unless otherwise provided in the permit or in this Part, the following Departmental publications shall serve, inclusively and not exclusively, as examples of such principles and standards:

 

            Standard Specifications for Road and Bridge Construction

 

            Supplemental Specifications and Recurring Special Provisions

 

            Highway Design Manual

 

            Highway Standards Manual

 

            Standard Specifications for Traffic Control Items

 

            Illinois Manual on Uniform Traffic Control Devices

 

            Flagger's Handbook

 

            Work Site Protection Manual for Daylight Maintenance Operations

 

            If the Department finds a discrepancy between differing principles, it shall determine which principles apply.  If requested, the Department shall state what standard will apply to the construction, maintenance, or operation of a facility in the future.

 

            The Department's determination will not be changed unless it finds that the determination was incorrect or that a new standard is clearly superior to the earlier standard.  If the Department makes such a finding, it shall notify in writing all parties to whom it had given its earlier determination.

 

            Requests for determinations and publications may be addressed to:

 

            Illinois Department of Transportation

            Division of Highways

            Chief of the Bureau of Maintenance

            2300 South Dirksen Parkway

            Springfield, Illinois 62764

 

            "Disrupt the right-of-way" – Anything that causes the right-of-way to be in a condition other than that appropriate for its intended use as a highway right-of-way.  Such changes to the condition may include, but are not limited to, the following:

 

            excavating or other cutting;

 

            placement (whether temporary or permanent) of materials, equipment, devices, or structures;

 

            damage to vegetation; and

 

            compaction or loosening of the soil.

 

            "District" – Any one of the nine administrative subdivisions of the Department's Division of Highways (see Section 530.Illustration A).

 

            "District Engineer" – The Chief Executive Officer of a District.

 

            "Encasement" – Provision of a protective casing.

 

            "Expanding Areas" – Areas where plans for commercial or residential development are being contemplated.

 

            "Extra Heavy Pipe" – Pipe meeting ASTM standards for this pipe designation.

 

            "Facility" – All structures, devices, objects, and materials (including track and rails, wires, ducts, fibre optic cable, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) owned or operated by permittees on State highway rights-of-way under this Part.  This term also refers to those things for which a permittee may be responsible notwithstanding a claim of abandonment.

 

            "Frontage Road" – Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access on highway.

 

            "Fully Access-controlled Highways" – State highways which have been designated, established and are regulated as freeways to which access is never permitted, excepting only by way of grade separated intersections with selected roads and streets.  Federal Aid Interstate and Defense Highways, Chicago Area Expressways, Supplemental Freeways and those primary highways constructed to freeway standards are included in the category of Fully Access-controlled Highways.

 

            "Highways" – Rural or urban roads or streets, right-of-way, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic under the jurisdiction of the Department.  This term includes all of the right-of-way, including structures, ditches and embankments.

 

            "ILCC" – Illinois Commerce Commission.

 

            "Immediate" or "Immediately" – That which is done within a period of time specified by the Department.  If no time period is specified, the time period shall be two hours.

 

            "Jacking" – Pushing a pipe horizontally under a roadway by mechanical means with or without boring.

 

            "Jetting" – Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.

 

            "Joint Use" – The use of pole lines, trenches or other facilities by two or more utilities.

 

            "Occupancy" – The presence of utility facilities on, over or under highway right-of-way.

 

            "Overlook" – A roadside turnout for motorists to safely enjoy a scenic panorama.

 

            "Owner Corporation" – The company or corporate entity that owns or operates a utility.

 

            "Pavement Cut" – The removal of an area of highway pavement for access to an underground utility installation.

 

            "Permit" – Formal authorization by the Department to construct and maintain utility facilities on State highway right-of-way.

 

            "Permittee" – That entity which has a permit issued pursuant to Section 9-113 of the Code.

 

            "Pressure" – The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).

 

            "Prompt" – See "Timely."

 

            "Public Entity" – A legal entity that constitutes or is part of the government, whether at local, state or federal level.

 

            "Rest Area" – A roadside area or park for motorists to rest and relax in the interest of highway safety.

 

            "Restoration" – The repair of an area or highway facility disrupted by the construction, maintenance or repair of a utility.

 

            "Right-of-Way" – Land owned as an easement or in fee devoted to highway purposes.  Although a utility may have its own right-of-way, this term is used in this Part to designate the real estate on which a highway is located.

 

            "Roadway Structure" – That part of the highway that includes the pavement and shoulders.

 

            "Scenic Easement" – A right or inferred right in land abutting a State highway which has been acquired to preserve roadside environment having aesthetic or historical features.

 

            "Shoulder" – A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.

 

            "Sound Engineering Judgment" – A decision(s) based on expertise and knowledge of engineering principles, practices and experience.

 

            "Spur Track" – When track and rails on one of a State highway are connected to a customer on the other side of that highway, the connecting track shall be known, for the purposes of this Part, as "spur track."

 

            "Timely" – That which is done within a period of time specified by the Department.  If no time period is specified, the period shall be 30 days.

 

            "Travel Lane" – A portion of the paved area of the roadway having a definite width allowing for the movement of a legal width vehicle.

 

            "Trench" – A relatively narrow open excavation for the installation of an underground utility element.

 

            "Utility" – A privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public.  The term utility shall also mean the utility company inclusive of any wholly owned or controlled subsidiary.  The term utility includes those facilities used solely by the utility which are a part of its operating plant.

 

            "Vent" – A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.

 

            "Wet Boring" – Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.

 

Section 530.40  Legal Obligations

 

a)         Only a permit issued by the Department under this Part will satisfy the "written consent" requirement of Section 9-113 of the Illinois Highway Code (the Code).

 

b)         A permit from the Department grants a license only to undertake certain activities in accordance with this Part on a State right-of-way, and does not create a property right or grant authority to the permittee to impinge on the rights of others who may have an interest in the right-of-way.  Such others might include an owner of an underlying fee simple interest if the right-of-way is owned as an easement, an owner of an easement, or another permittee.

 

c)         It shall be the responsibility of the permittee to ascertain the presence and location of existing above-ground or underground facilities on the highway right-of-way to be occupied by their proposed facilities.  The Department will make its permit records available to a permittee for the purpose of identifying possible facilities.  When notified of an excavation or when requested by the Department, a permittee shall locate, physically mark, and indicate the depth of its underground facilities within 48 hours, excluding weekends and holidays.

 

d)         The permittee shall avoid conflicts with any existing underground or above-ground facilities on or near the highway right-of-way.

 

e)         The permittee shall comply with all other applicable laws relating to the placement of utility lines.

 

f)         The issuance of a utility permit by the Department does not excuse the permittee from complying with other requirements of the Department (e.g., oversize and overweight vehicles) or the requirements of other State agencies including, but not limited to, the following:

 

            Illinois Commerce Commission

 

            Illinois Department of Agriculture

 

            Illinois Department of Conservation

 

            Illinois Department of Mines and Minerals

 

            Illinois Environmental Protection Agency

 

            Illinois Historic Preservation Agency

 

g)         Rights of abutting and underlying property owners are protected by common law and Sections 9-113 and 9-127 of the Code.  The Department will not be a party in any negotiations between the utility and abutting property owners.

 

h)         In no case shall the permit give or be construed to give an entity any easement, leasehold or other property interest of any kind in, upon, under, above or along the State highway right-of-way.

 

i)          Each person responsible for a utility, in place on the effective date of this Part, on a State highway right-of-way shall notify the Department in writing, if that facility does not comply with this Part.    The Department shall treat such a notice as a request for a variance under Section 530.130.  Until informed that a variance will not be granted, a person responsible for a pre-existing utility will not be in violation of this Part.  The failure to provide such notice constitutes a violation of this Part and of the utility accommodation permit (if any) and would justify the imposition of the sanctions set forth in Section 530.810.

 

Section 530.50  Indemnification and Insurance

 

a)         The permittee shall release, defend, indemnify, and hold the State, its employees, and its contractors harmless from all claims for injuries and damages to persons or property (including that of the permittee) relating to the installation, maintenance, relocation, presence, use or removal of the facility.

 

b)         Each District shall determine whether a permittee must provide liability insurance.  When making its determination, the District shall consider all relevant factors including, but not limited to, the following:

 

1)         The potential for harm to highway users or other parties that might make a claim against the Department.

 

2)         The ability of the permittee, without insurance, to satisfy a claim against the Department.

 

c)         Any insurance policy (or amendment or rider thereto) required by this Section shall contain the following provisions:

 

1)         The Department, its employees, and its agents must be included as named insureds.

 

2)         The Department will be notified at least 30 days prior to the termination or modification of the coverage.

 

3)         The amount of coverage must be sufficient to protect the Department (including its employees and agents) from estimated projected claims.

 

Section 530.60  Utility Permits to Public Entities

 

a)         General

            A Utility Permit issued to a public entity shall be executed by an officer authorized to do so by the elected governing body.  The executed Permit shall have an attached certification that the signature and commitments were authorized by "Resolution" of the elected governing body.

 

b)         Municipalities, Counties, Townships and other local units of government

            Occupation or crossing of State Highway right-of-way by utility installations owned by a local unit of government are subject to all of the requirements of this Part except the surety bonding requirement.

 

c)         Sanitary Districts, Water Districts, Levee Districts and other public Entities

            Occupation or crossing of State Highway right-of-way by utility installations of a sanitary district, a water district, levee district or any public entity are subject to all of the requirements of this Part.

 

d)         Other State Agencies

            Occupation or crossing of State Highway right-of-way by State agency-owned utility installations are subject to all of the requirements of this Part except the surety bonding requirement.

SUBPART B: PERMIT APPLICATION REQUIREMENTS

 

Section 530.100  Permit Application

 

a)         The permit application shall be in a form prescribed by the Department. Upon request, forms will be supplied by the Department.  The application shall require the applicant to provide specific information necessary for the Department to determine whether a permit should be issued.  As a minimum, the following information shall be provided:

 

1)         Name of applicant.

 

2)         Legal status of applicant, such as an individual, joint venture, partnership, incorporation, or governmental unit.

 

3)         Address, zip code, and telephone number of the applicant.

 

4)         Proposed use of highway (describe what applicant wants to do), including location, physical description, and type of materials to be used.  Scale drawings are preferred.

 

5)         Time schedule for initiation and completion of various steps of the work proposed.

 

b)         If required (see Section 530.270 "Requirement for a Surety Bond"), the permit application will be accompanied by a surety bond (photocopy of continuing bond is acceptable) that includes the Department as an additional named insured guaranteeing that the proposed work will comply with the terms of the permit, that the applicant will reimburse any injured party for damages relating to the permitted work, and that the applicant will remove or modify the permitted facility in a timely manner if required to do so by the Department or its successor.

 

c)         The applicant shall show either:

 

1)         compliance with other State agencies, or

 

2)         that the regulations of no other State agencies are relevant to what has been proposed by the applicant.

 

d)         Applications for gas pipeline permits shall state the proposed pipe size, design, construction class and operating pressures.

 

e)         Applications should be submitted to the Department at the Highway District Office responsible for the area of the permit.  Applications involving more than one District should be submitted to:

 

            Illinois Department of Transportation

            Bureau of Maintenance, Services Section

            2300 South Dirksen Parkway

            Springfield, Illinois 62764

            (217) 782-7228

 

A map showing the areas covered by the nine Highway District Offices and the addresses of those offices is included at Section 530.Illustration A.

 

Section 530.110  Emergency Contingency Plans

 

a)         Each applicant, who can anticipate emergency situations that may require an immediate response, shall include an emergency contingency plan with the permit application.  This emergency contingency plan shall specify the nature of potential emergencies and the intended response by the applicant.  The intended response shall include notification of the Department and protection of the safety and convenience of the highway users.

 

b)         Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this Section unless the Department finds that additional information or assurances are needed.

 

Section 530.120  Fees or Assessments

 

a)         The Department charges no fees for the administration of the utility occupancy policy for conventional highways.

 

b)         Compensation, based upon an appraisal by the Department of the fair market value of an easement or leasehold for such use of the highway right-of-way, will be charged for longitudinal utility accommodations located upon, under, or along fully access-controlled highways.  Such compensation may include in-kind compensation. All fees may be reviewed once every five years and may be adjusted by the Department based on changes in the fair market value for the use of the highway right-of-way.  The Department will charge reimbursement fees for engineering, legal, and other expenses incurred in evaluating applications and in establishing such compensation.

 

c)         Charges will also be assessed for the attachment of utility facilities to bridge structures.

 

1)         Assessment charges for utility attachments to highway structures are not intended to produce revenue.  The charges are assessed to cover the cost of the engineering analysis required and as compensation for the addition of weight that reduces the available live-load capacity of existing bridges and enters into the cost of proposed new bridges.

 

2)         The assessment charge for utility attachment is based on the ratio of the weight of the proposed utility elements to the live-load for which the structure was or will be designed.  The factor arrived at from the foregoing ratio is applied against the cost of the load-bearing elements of the structure, including piers or abutments.

 

3)         The minimum charge for any utility attachment to a highway structure will be $300.

 

Section 530.130  Variances

 

a)         Request for Variance

            Requests for utility occupancies that would not conform to this Part will be considered individually.  Variance from this Part may be granted where terrain features or other conditions such as an irregular right-of-way line make compliance impractical or unreasonable. A variance will not be granted when such action may tend to diminish the value of the highway to the traveling public or to disadvantage unduly other (including future) utility use.

 

b)         Existing installations that met standards in force at the time of installation will be granted variances.

 

c)         Review of Variances by Federal Highway Administration

            This Part has the approval of the Regional Administrator of the Federal Highway Administration insofar as federally-aided highways are concerned. However, any proposed utility installation on federally-aided highways that is not in compliance with the general provisions of this Part and permits involving longitudinal installations of private lines, are subject to review by the Federal Highway Administration.

 

d)         Other variances.  A variance from any other provision of this Part shall be granted if it is proved that no harm, cost, or inconvenience will result to the Deptartment, any highways under its jurisdiction, or the users of those highways.

 

Section 530.140  Access of Freeway Right-of-Way

 

Access from the through travel lanes or ramps on fully access-controlled highways will not be permitted for installing or servicing of utility facilities except as provided in the AASHTO publication titled "A Policy on the Accommodation of Utilities within Freeway Right-of-Way" incorporated by reference at Section 530.20.

 

Section 530.150  Suitability of Materials

 

Only Department approved, as defined in Section 530.30, materials shall be used in utility installations in the right-of-way of the State Highway System.

SUBPART C: GENERAL PERMIT CONDITIONS

 

Section 530.200  Obligation to Comply

 

Every permittee shall comply with the terms and conditions of the permit unless authorized, in writing by the Department, to do otherwise.  The terms and conditions shall include those requirements set forth in this Part.  Specific conditions are listed in Subpart D.

 

Section 530.210  Application Provision

 

Statements and schematics in the application are material conditions of the permit.

 

Section 530.220  Departmental Standards

 

a)         The permittee shall operate in a Department approved, as defined in Section 530.30, manner for traffic control, for use of the right-of-way, and for cleanup and restoration in a timely manner in accordance with Sections 530.240 and 530.250.

 

b)         The Department's standards may be communicated in either written or spoken directives.  A spoken directive shall be followed by a consistent written confirmation within 15 calendar days.

 

Section 530.225  Release and Indemnification

 

In consideration of the granting of the license, represented by the permit, to use State property, the Permittee, by use and as a condition of the permit, agrees to release and forever discharge the State of Illinois, its officers, agents and employees, from any and all actions, courses of action, claims and demands for, upon or by reason of any damage, loss or injury to its facilities and equipment placed or brought onto State property pursuant to or on account of the permit.  Further, the Permittee agrees to indemnify, defend, and hold the Department harmless from all claims by persons adversely affected by the Department's removal, relocation, or modification of the permitted facility pursuant to Section 530.310 and by damage to facilities which have not been placed in the area specified by the permit.

 

Section 530.230  Location of Facilities

 

a)         All utility installations shall be located as follows:

 

1)         Longitudinal utilities shall be located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line.

 

2)         No new above-ground utility facilities shall be located in the area established as clear zone for that particular section of highway.

 

3)         No new longitudinal utility installations will be permitted under paved longitudinal portions of streets or highways under Department jurisdiction; however, new cables will be allowed in existing ducts if they can be installed without disrupting the pavement.

 

4)         Utility crossing facilities installed between the ditch lines or curb lines of State highways shall be designed and constructed and shall incorporate materials and protective appurtenances so as to virtually preclude future disruption in these areas.  Protection may include encasement, additional cover, or other measures that might not be required outside the areas.

 

5)         Utilities will not be permitted to cross under State highways, in cattle passes, culverts or other drainage facilities.

 

6)         Manholes will not be permitted in the traffic lanes or shoulders of State highways.  Existing manholes may be permitted to remain.

 

7)         Bridges or tunnels to carry utilities other than railroads or public utilities, over or under State highways, shall be considered as a use of "air rights" and shall be processed on federally aided highways as prescribed in Federal-Aid Highway Program Manual Volume 7, Chapter 4, Section 3.  The same provisions shall apply to non-federallly aided State highways except the approval of FHWA will not be a requirement.

 

8)         Utility crossings shall be at or as near as practicable to a 90 degree angle with the highway centerline.

 

9)         No utility appurtenances such as pumping stations and transformers serving a longitudinal facility will be allowed in interchanges.

 

10)        The inability to locate a longitudinal facility within the prescribed distance from the right-of-way line may be grounds for denial.

 

b)         Installations not conforming with subsection (a) will require the granting of a variance by the Department.

 

Section 530.240  Traffic Control

 

a)         The permittee is responsible for providing and installing warning signs, protective devices and flaggers as specified in the permit to provide protection of the traveling public and the utility's workers when on the right-of-way.

 

b)         In the event that the traffic protection requirements are not contained in the permit, the permittee shall provide proper traffic control and protection in a safe and convenient manner which shall be Department approved as defined in Section 530.30.

 

c)         Flaggers shall control traffic in a safe and convenient manner that is Department approved as defined in Section 530.30.

 

Section 530.250  Cleanup and Restoration

 

The right-of-way shall be returned to a condition which is at least as good as it was before the permitted work took place, in a timely manner.  This includes restoration of entrances and side roads.  Restoration of roadway surfaces will be made using Department approved materials and methods (see Section 530.30 "Department Approved").

 

Section 530.260  Scenic Restrictions

 

a)         Special restrictions on utility occupancy may be imposed where visual quality is an important consideration; for example, scenic easements, rest areas, public parks, overlooks, and recreation areas.

 

b)         New underground or aerial installations may be permitted only when they do not require extensive removal or alteration of trees or terrain features visible to the highway user or impair the aesthetic quality of the lands being traversed.

 

c)         Aerial installations may be permitted only when:

 

1)         other locations are not available or are unusually difficult and costly, or are less desirable from the standpoint of aesthetic quality;

 

2)         placement underground is not technically feasible or is unreasonably costly; and

 

3)         the proposed installation will be made at a location, and will employ suitable design and materials, which give the greatest weight to the aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable.

 

Section 530.270  Requirement for a Surety Bond

 

Surety bonds in the amount prescribed in Section 530.280 will be required for:

 

a)         Individual utilities whose assets are less than $500,000.  A copy of the utility's latest annual report indicating assets of at least $500,000 may be submitted in lieu of a bond.

 

b)         Individual utilities with previously poor performance record.  Types of poor performance include a history of using inferior methods and materials, poor maintenance of utility appurtenances and failing to comply with Department directives (which have not been nullified by a court of competent jurisdiction) or conditions of other utility permits.

 

c)         Individual utility contractors with previously poor performance record. (See subsection (b).)

 

d)         Variances to this Part.  (See Section 530.130, "Variances".)

 

Section 530.275  Surety Bond

 

a)         If required, the permittee shall furnish a surety bond on a form approved, and in an amount specified, by the Department.

 

b)         General

 

1)         The surety bonds required for utility work and occupancy on State highway right-of-way are intended primarily to assure the prompt and satisfactory replacement, repair, and completion of work (at no cost to the State or its contractors) on State highway facilities that may be damaged or disrupted by the utility company's operations or occupancy.  These bonds are not to be considered as personal injury and property damage insurance.

 

2)         A surety bond remains in effect until released by the Department.

 

3)         The monetary value of the surety shall be based on the potential for highway facility damages which may be related to the type and volume of transmittent, the physical dimensions of the utility facilities, and the permittee's history of noncompliance.

 

4)         The Department will accept bonds from only those sureties that meet the Department's standards for acceptability as set forth in 44 Ill. Adm. Code 675.240.

 

5)         The bonding company shall commit itself to notify the Department of its intention to terminate the bond at least 30 days before termination.  The permittee shall provide a substitute surety bond acceptable to the Department within 15 days after its surety gives a termination notice or shall remove its facility from, and restore, the right-of-way within that period of time.

 

c)         Utility Permit Continuing Bond

            Surety shall be provided as a continuing bond to remain in full force and effect for all utility companies issued a general utility permit providing for long-term or permanent occupancy of State highway right-of-way.

 

d)         Individual Utility Permit Bond

            Surety shall be provided by a contractor who constructs or maintains utility facilities, under permit, for a municipality or other public body which is not required to maintain a continuing bond.  Individual utility permit bonds are to remain in full force and effect until the specific project is completed and the highway right-of-way is restored in accordance with Section 530.250.  As a minimum, Individual Utility Permit Bonds remain in full force and effect for five years from date of permit approval by the Department.

 

e)         Continuing Bond for Utility Contractors

            A contractor who has occasion to frequently request permits for utility work may provide, at its option, a continuing bond.  This arrangement eliminates the need for the contractor to secure an individual utility permit bond for each project.

 

f)         If the surety bond expires, the permit can be revoked.

 

AGENCY NOTE:  Forms mentioned in this Part are available from District offices as shown in Section 530.Illustration A or the Department of Transportation, Bureau of Maintenance, 2300 South Dirksen Parkway, Springfield, Illinois, 62764.

 

Section 530.280  Surety Bond Coverage

 

a)         The amount of Surety Bond required for utility work and occupancy will be based on:

 

1)         the potential for damage to the highway;

 

2)         the number of work crews that could potentially be active at a given time;

 

3)         local conditions; and

 

4)         the work record of the utility company or contractor.

 

b)         Each bond shall be for an amount which will guarantee full compliance with the permit, including the following:

 

1)         proper installation;

 

2)         proper maintenance; and

 

3)         relocation, modification, and removal upon demand of the Department.

 

Section 530.290  Maintenance

 

a)         The Department shall be notified in writing and must give its permission before a permittee undertakes repairs of its facility in the right-of-way.

 

b)         Utility facilities on State highway right-of-way are to be maintained, by or for the owner corporation, at the owner corporation's expense.

 

c)         Emergency Maintenance Procedures

            Emergencies that require immediate attention or repair of a utility installation may preclude following normal procedures for securing a working permit, but the permittee must file in writing with the Department a description of the repairs undertaken in the right-of-way within 48 hours after the emergency repair.

 

1)         Emergency maintenance in relation to utility installations on the interstate and conventional highway system will be considered as any immediate maintenance required to the utility installation for the safety of the traveling public or immediate maintenance required for the health and safety of the general public served by the utility.

 

2)         If an emergency creates a hazard on the traveled portion of the roadway, immediate steps shall be taken by the utility company to provide all necessary protection for traffic on the highway including the use of signs, lights, barricades or flaggers.  If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, signs and lights shall be provided.  Parking on the interstate shoulder in an emergency will only be permitted when no other means of access to the utility installation is available.

 

3)         In an emergency, the utility company shall immediately notify the appropriate District Engineer or authorized agent of the emergency, informing the District Engineer as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs.  If the nature of the emergency is such as to interfere with the free movement of traffic, the State Police, as well as the District Engineer, shall be notified immediately.

 

4)         In an emergency, the utility company shall complete repairs as soon as possible and with the least inconvenience to the traveling public.

 

Section 530.300  As-Built Plans

 

If the permitted facility is not placed as shown in the application, the permittee shall submit a set of as-built plans to the Department's District Office within 90 days after the completion of the permitted work.  If as-built plans deviate from the permit, such deviation shall be identified and shall be treated as a request for variance in accordance with Section 530.130.  If the Department does not reject the as-built plans within 90 days after their receipt, they will be considered approved.  If the Department disapproves the as-built plans, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit.

 

Section 530.310  Obligation to Remove, Relocate, or Modify

 

a)         The permittee shall remove, relocate, or otherwise modify its facility, including the removal of bridge attachments, as specified by Section 9-113 of the Code, when required to do so in accordance with Sections 530.810, 530.820 and 530.830.  Section 9-113 of the Code gives sole authority to the Department, and no other administrative agency or commission may review or overrule a permit-related decision or direction of the Department.  The failure of a permittee to comply with the directions of the Department may cause the sanctions, set forth in Subpart H, to be imposed on it.

 

b)         The Department may also give written notice that the permittee shall remove, relocate, or otherwise modify its facility.

 

1)         If, within 60 days after receipt of such written notice, satisfactory arrangements are not made, the Department may undertake the requested actions itself and may bill the permittee for the total cost thereof.

 

2)         Notice shall be considered to have been received if:

 

A)        Either the Department receives from the U.S. Postal Service a signed return receipt or a notice that the permittee has refused to accept a notice by mail, or

 

B)        The Department obtains such other reliable evidence of receipt as it may find to be appropriate.  For example, the receipt of a hand-delivered notice might be evidenced by a statement by the messenger that the notice was delivered.  A receipt from an express message service would also suffice.

 

3)         If notice of receipt is not received within 10 days or the Department receives a notice of undeliverability, the notice shall be posted as a sign in a conspicuous place in the area of the permit.  If, within 60 days after posting of such written notice as a sign, satisfactory arrangements are not made, the Department may undertake the requested actions itself and may bill the permittee for the total cost thereof.

 

c)         The Permittee, by use of its permit, agrees to the following:

 

1)         To pay the Department's costs incurred under this Section,

 

2)         If the full amount of the bill is not paid by the date specified on the billing statement, to pay all costs of collection, including attorneys' fees, litigation expenses, and fees (including contingency and percentage fees) paid to collection agencies, and

 

3)         That any attorney at law is authorized, on behalf of permittee, to do the following:

 

A)        Appear before any court of competent jurisdiction in Illinois, upon complaint made by the Department, and enter permittee's appearance;

 

B)        waive process and service;

 

C)        confess judgment for the full amount billed under this Section, for all attorneys' fees and costs incurred by the State of Illinois associated with attempt(s) to collect the amount billed under this Section;

 

D)        accept the release and indemnification provisions stated in Section 530.225 of this Part;

 

E)        waive all errors and all right of appeal from said judgment(s); and

 

F)         provide such other consents or cooperation as may be helpful to complete the collection process so that the Department may be fully paid.

 

Section 530.320  Apportionment of Costs

 

There may be times when the Department will incur delay or other costs, including third party claims, because the permittee will not or cannot perform its duties under its permit and this Part.  Unless the permittee shows that another allocation of the cost of undertaking the requested action is appropriate, the permittee shall bear the Department's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility which is the subject of the permit.  No other administrative agency or commission may review or overrule a permit related cost apportionment of the Department.  The sanctions set forth in Subpart H may be imposed on a permittee who does not pay the costs apportioned to it.

 

Section 530.330  Design of Facilities

 

Capacity for foreseeable future expansion needs shall be provided in initial installations.

SUBPART D: SPECIFIC PERMIT CONDITIONS

 

Section 530.400  Underground Facilities – Power and Communication Lines

 

a)         General

 

1)         Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.

 

2)         Installation shall have a minimum cover of 30 inches except communication lines installed by the plowed method shall have a minimum cover of 24 inches.

 

3)         Underground power cables must be grounded in accordance with the National Electrical Safety Code (ANSI C2-1990).

 

b)         Fully Access Controlled Highways

 

1)         Longitudinal Lines

 

A)        New underground power and communications lines longitudinal to the centerline will not be permitted within the access-control lines of fully access-controlled highways under the following conditions:

 

i)          When the installation of the utility would require pavement cuts.

 

ii)         When non-emergency repairs of the utility would require the use of any part of the highway.

 

iii)        When the installation of the utility would endanger or impair other utility facilities already in place.

 

iv)        When the installation of the utility would be above-ground after installation.

 

v)         When the utility would interfere with or impair the present use or future expansion of the highway.

 

B)        When new underground power and communications lines are to be permitted longitudinally to the centerline of fully access-controlled State highways, the following conditions will apply:

 

i)          No above-ground appurtenances will be allowed on State highway right-of-way.

 

ii)         No utility facilities will be allowed between the edge of pavement and the back of abutment of the intersecting roadway at grade separation structures.

 

iii)        Bridge attachments may be allowed as specified in Subpart G.

 

2)         Underground Crossings

            Underground power and communication lines will be permitted to cross fully access-controlled highways under the following conditions:

 

A)        The crossing provides a transmission or distribution service to a general area or an expanding area.  No individual service crossings will be permitted to cross a fully access-controlled highway except in cases involving isolated locations such as landlocked areas.

 

B)        The design, materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.

 

C)        Encasement shall be provided between jacking or bore pits, if the crossing is installed by boring or jacking.

 

D)        Encasement may be eliminated under the following conditions:

 

i)          The crossing is installed by the use of "moles", "whip augers" or other approved methods which compress the earth to make the opening for cable installation.

 

ii)         The installation is by the open trench method.  This method is only permitted prior to roadway construction.

 

E)        Above-ground mounted appurtenances to electric power or communication lines within the access-control lines of fully access-controlled highways will normally not be permitted except in cases of extreme need.  Where installations are approved, they shall be located within one foot of the right-of-way line or as near as practicable.

 

c)         Conventional Highways

 

1)         Longitudinal Lines

            Underground power and communication lines may be permitted longitudinal to the centerline of conventional State highways under the following conditions:

 

A)        Cable may be installed by trenching or plowing with consideration given to boring to minimizing the damages when crossing improved entrances and side roads.

 

B)        Above-ground appurtenances constructed as component parts of underground communication or electric power lines shall be located within one foot of the right-of-way line or as near as practicable.

 

2)         Underground Crossings

            Underground power and communication lines will be permitted to cross conventional highways under the following conditions:

 

A)        The design materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.

 

B)        Encasement shall be provided between jacking or bore pits, if the crossing is installed by boring or jacking.

 

C)        Encasement may be eliminated under the following conditions:

 

i)          The crossing is installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for cable installation.

 

ii)         The installation is by the open trench method.  This method is only permitted prior to roadway construction.

 

Section 530.410  Underground Facilities – Gas Transmission Lines

 

a)         General

 

1)         Gas pipelines shall be constructed, maintained, and operated in a Department approved, as defined in Section 530.30, manner and in conformance with "Transportation of Natural and Other Gas by Pipeline:  Minimum Federal Safety Standards" incorporated by reference at Section 530.20.

 

2)         Crossing installations by open trench will be permitted only prior to roadway construction with vented encasement provided between ultimate ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.

 

3)         Gas pipeline crossings shall have a minimum cover of 30 inches at all locations on right-of-way, including below design ditch elevation even if the ditch is higher than design elevation.

 

b)         Fully Access-controlled Highways

 

1)         Longitudinal Gas Pipelines:

            New longitudinal gas pipelines will not be permitted within the access-control lines of fully access-controlled highways.  Existing longitudinal gas pipelines may be permitted to remain if they can be serviced without access from the through-travel lanes, shoulders, or ramps of the fully access-controlled highway.

 

2)         Gas Pipeline Crossings:

            Gas transmission and distribution lines may be permitted to cross fully access-controlled highways under the following conditions:

 

A)        The crossing provides a transmission or distribution service to a general area or an expanding area.  No individual service lines will be permitted to cross a fully access-controlled highway except in cases of extreme hardship involving critical needs and isolated locations.

 

B)        The design, materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.

 

C)        Crossings under completed highway projects shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.  The crossing may be installed using tunneling with vented encasement but only when the installation is not possible by other means.  When tunneling, the venting of the encasement shall extend to within one foot of the right-of-way line. Crossings may also be installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for pipe.

 

D)        Encasement may be eliminated under the following conditions:

 

i)          extra heavy pipe is used; and

 

ii)         cathodic protection of the pipe is provided.

 

E)        If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way.  (See Section 530.30 "Disrupt the right-of-way")

 

F)         Locations shall be avoided where rock excavation or deep cuts would make crossings with proper cover impractical.

 

G)        The locations of the crossing pipe shall be marked at the right-of-way line with markers that identify the utility and provide emergency telephone numbers.

 

c)         Conventional Highways

 

1)         Longitudinal Gas Pipelines:

 

A)        Gas pipelines for transmission, distribution, and service may be permitted longitudinal to the centerline of conventional State highways if the materials, construction methods, and other elements are in conformance with the provisions of this Part.

 

B)        Longitudinal gas transmission lines shall be located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line.

 

2)         Gas Pipeline Crossings:

            Gas pipelines for transmission, distribution, and service may be permitted to cross conventional State highways under the following conditions:

 

A)        Crossings of over 60 psig shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.  The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means.  When tunneling, the venting of the encasement shall extend within one foot of the right-of-way line.  Crossings may also be installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for the pipe.

 

B)        Encasement will not be required for crossings of 60 psig or less.

 

C)        Encasement may be eliminated under the following conditions:

 

i)          extra heavy pipe is used; and

 

ii)         cathodic protection of the pipe is provided.

 

D)        If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way.  (See Section 530.30 "Disrupt the Right-of-Way")

 

E)        The locations of the crossing pipe for transmission and distribution lines shall be marked at the right-of-way line with markers that identify the utility and provide emergency telephone numbers.  In urban areas, the markers for transmission and distribution lines may be eliminated as provided in current Federal regulations.  (See 49 CFR 192.707 (1989))

 

F)         In built-up or expanding areas, frequent service crossings are discouraged in favor of establishing distribution on both sides of the highway.  The Department reserves the right to reject permits involving frequent service crossings.

 

Section 530.420  Underground Facilities – Petroleum Products Pipelines

 

a)         General

 

1)         Petroleum products pipelines are those carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.  Petroleum products pipelines are, with few exceptions, transmission lines delivering products to processing or distribution facilities.  Petroleum products pipelines installed on State highway right-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping which is incorporated by reference in Section 530.20.  (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4)

 

2)         Crossing installation by open trench will be permitted only prior to roadway construction with vented encasement provided between ultimate ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.

 

3)         Encasement may be eliminated under the following conditions:

 

A)        extra heavy pipe is used; and

 

B)        cathodic protection of the pipe is provided.

 

4)         If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way.  (See Section 530.30 "Disrupt the Right-of-Way")

 

5)         The location of petroleum products pipeline crossings shall be marked at the right-of-way lines with markers that identify the utility and provide emergency telephone numbers in accordance with current Federal regulations. (See 49 CFR 192.707 (1989))

 

b)         Fully Access-controlled Highways

 

1)         Longitudinal Petroleum Products Pipelines

            New longitudinal petroleum products pipelines will not be permitted within the access-control lines of fully access-controlled State highways.  Existing longitudinal installations shall be relocated if they cannot be serviced except from through travel lanes, shoulders, or ramps of the highway.  Longitudinal petroleum products pipelines may be permitted outside the access-control lines where frontage roads or other corridors provide access for servicing the facilities.

 

2)         Petroleum Products Pipeline Crossings

            Petroleum products pipelines may be permitted to cross fully access-controlled highways under the following conditions:

 

A)        The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service life.

 

B)        Crossing of completed highway projects shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.  The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means.  When tunneling, the venting of the encasement shall extend to within one foot of the right-of-way line.

 

C)        Locations shall be avoided where rock excavation or deep cuts would make crossings with proper cover impractical.

 

c)         Conventional Highways

 

1)         Longitudinal Petroleum Products Pipelines

 

A)        Longitudinal petroleum products pipelines may be permitted on conventional State highways if the materials, construction methods and other elements are in conformance with the provisions of this Part.

 

B)        Longitudinal petroleum products pipelines shall be located as near the right-of-way lines as practicable and not more than eight feet from and parallel to the right-of-way line.

 

2)         Petroleum Products Pipeline Crossings

            Petroleum products pipeline crossings may be permitted to cross conventional highways under the following conditions:

 

A)        The materials, construction methods and other elements are in conformance with this Part.

 

B)        Crossings shall be installed by jacking or boring under completed highway projects with vented encasement provided between ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.  The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means.  When tunneling, the venting of the encasement shall be within one foot of the right-of-way line.

 

Section 530.430  Underground Facilities – Waterlines

 

a)         General

 

1)         Waterlines generally are those pipelines carrying potable water.  Permit applications for waterlines shall indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied.  Waterlines shall be installed to meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois" which is incorporated by reference in Section 530.20.

 

2)         Water main cover shall be sufficient to provide freeze protection and shall be maintained at a minimum of three feet.

 

3)         Encasement may be omitted if pipe is installed prior to highway construction and continuous or restrained joint carrier pipe is used.  Bell and spigot type shall be encased regardless of installation method.

 

4)         Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.

 

5)         Ground-mounted appurtenances to waterlines shall be located within one foot of the right-of-way line or as near as practicable.

 

b)         Fully Access-controlled Highways

 

1)         Longitudinal Water Mains

            New longitudinal water mains will not be permitted between the access-control lines of fully access-controlled highways.  Existing longitudinal installations shall be relocated if they cannot be serviced except from through-travel lanes, shoulders, or ramps of the highway.  Longitudinal water mains may be permitted outside the access-control lines of fully access-controlled highways if frontage roads or other corridors provide access for servicing the lines.

 

2)         Water Main Crossings

            Water main crossings of fully access-controlled highways may be permitted under the following conditions.

 

A)        The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service.

 

B)        Crossing of completed highway projects shall be installed by jacking or boring with encasement provided between jacking or bore pits.

 

C)        Crossing shall provide water service to a general or expanding area.

 

D)        Individual service crossing under fully access-controlled highways will not be permitted except involving isolated locations such as landlocked areas.

 

c)         Conventional Highways

 

1)         Longitudinal Water Mains

 

            Longitudinal water mains may be permitted on the right-of-way of conventional highways if they conform to the general provisions of this Section.

 

2)         Water Main and Service Crossings

            Water main and service crossings of conventional State highways may be permitted under the following conditions:

 

A)        The crossings shall be installed by jacking or boring under completed highway projects.

 

B)        Encasement shall be furnished between bore pits unless continuous pipe or Department approved jointed pipe is used under the roadway structure (see Section 530.30, "Department Approved").

 

Section 530.440  Underground Facilities – Sewer Lines and Drainage Lines

 

a)         General

 

1)         Sanitary sewers and storm sewers other than those installed only for highway drainage shall be regulated by this Part.  Drainage piping owned and operated by an organized drainage district, sanitary district, municipality, or individual is regulated by this Part.

 

2)         Permit applications for sewerline installations shall indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, have been satisfied.  Sewer lines shall be installed to meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois," which is incorporated by reference in Section 530.20.

 

3)         Sewer and drain lines shall have minimum cover of 30 inches with cover sufficient for freeze protection.

 

4)         Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.

 

5)         Storm sewers, sanitary sewers, or drainage lines may be permitted to cross highways under the following conditions:

 

A)        The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service life.

 

B)        Casing may be omitted for crossings installed by open trench method prior to highway construction if the sewer system is unpressurized or if Department approved continuous pipe or Department approved jointed pipe is used (See Section 530.30 "Department Approved").  Such uncased installation shall preclude future repair or maintenance under the roadway structure.

 

C)        Crossings of completed highway projects shall be installed by jacking or boring with encasement provided between bore or jacking pits.

 

b)         Fully Access-controlled Highways

            New longitudinal storm sewers, sanitary sewers, or drainage lines that are not a part of the highway facilities will not be permitted between the access-control lines of fully access-controlled highways.  Existing longitudinal sewage or drainage systems may be permitted to remain if they can be serviced without access from the through-travel lanes, shoulders, or ramps of the highway.

 

c)         Conventional Highways

            Longitudinal sewer and drain lines may be permitted on conventional State highways if they conform to the general provisions of this Section.

 

Section 530.450  Above-Ground Facilities – Power and Communication Lines

 

a)         General

            An application for a permit for a new power or communication installation system shall include evidence, if required, that a "Certificate of Public Convenience and Necessity" has been issued by the Illinois Commerce Commission. Electric power or communications installations on State highway right-of-way shall be constructed, operated, and maintained in conformity with the provisions of the National Electrical Safety Code and Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) except for certain vertical clearance requirements as hereinafter noted.

 

1)         Ground Mounted Appurtenances

            Ground mounted appurtenances shall be provided with a vegetation-free area extending one foot beyond the appurtenance in all directions.  The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material.  With the approval of the District Engineer, shrubbery surrounding the appurtenance may be used in place of vegetation-free area.  The housing for ground mounted appurtenances shall be painted an inconspicuous color.

 

2)         Guy Wires and Brace Posts

 

A)        Guys and braces will not be allowed on the right-of-way.

 

B)        When a variance is allowed, in accordance with Section 530.130, guy wires shall be equipped with guy guards for maximum visibility.

 

b)         Fully Access-controlled Highways

 

1)         Longitudinal Lines

 

A)        Longitudinal pole lines will not be permitted within the access-control lines of fully access-controlled highways except existing installations that can be serviced without access from the through traffic roadway or ramps.

 

B)        Longitudinal pole lines may be permitted outside the access-control lines of fully access-controlled highways where frontage roads or other corridors provide access for servicing the installation and overhanging of the access-control line is minimal.

 

2)         Overhead Crossings

 

A)        Overhead crossings of power and communication lines over fully access-controlled highways shall provide a minimal vertical clearance over the roadway of 20 feet with additional clearances as required by Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) for higher voltage lines.  Where practicable, the crossing shall span the entire right-of-way with no poles, guys, or appurtenances within the access-control lines.

 

B)        Supporting poles shall be in compliance with the latest AASHTO "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," incorporated by reference in Section 530.20, and the minimum offset allowable to the tower or pole shall be in accordance with the clear zone as provided in the latest AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.

 

C)        Overhead crossings of interchanges that would require poles, towers, guy wires or brace posts within the interchange will normally not be permitted except in cases of extreme need.  The installation shall be in compliance with the latest AASHTO "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," incorporated by reference in Section 530.20, and the minimum offset allowable to the tower or pole shall be in accordance with the clear zone as provided in the latest AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.

 

D)        Overhead crossings shall be transmission or distribution lines serving a general area or to serve a developing area.  No individual service crossings will be permitted to cross a fully access-controlled highway except involving isolated locations such as landlocked areas.

 

c)         Conventional Highways

 

1)         Longitudinal Lines

 

A)        Overhead power and communication lines longitudinal to the centerline of conventional State highways shall be of single pole construction located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit.

 

i)          In urban areas, where pavement is curbed, poles are to be as remote as practicable from the curb with a minimum distance of 1.5 feet behind the face of the curb.

 

ii)         In urban areas, where pavement is uncurbed, poles shall be as remote from the pavement as practicable with a minimum distance of four feet outside the outer shoulder line of the roadway and not within the clear zone.

 

B)        Joint use of poles will be required where practical.

 

C)        No utility poles will be permitted in the ditch line of any State highway.

 

D)        Ground-mounted appurtenances to electric power or communication lines shall be located within one foot of the right-of-way line or as near as practicable.

 

2)         Overhead Crossings

 

A)        Overhead power and communication lines crossing conventional highways shall have a minimum vertical line clearance over the roadway of 18 feet with additional clearances as required by Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) for higher voltage lines.

 

B)        Poles shall be located within one foot of the right-of-way of the highway and outside of the clear zone.

 

C)        Overhead crossings at major interchanges will be discouraged.

 

D)        In expanding areas, frequent service crossings will be discouraged in favor of requiring distribution systems on both sides of the highway.

 

Section 530.460  Above-Ground Facilities – Light Poles and Lighting Power Lines

 

a)         General

 

1)         This Section applies to poles used solely for lighting.  Poles used for both lighting and transmission/distribution shall meet the requirements of Section 530.450.

 

2)         Ground mounted appurtenances shall be provided with a vegetation-free area extending one foot beyond the appurtenance in all directions.  The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material.  With the approval of the District Engineer, shrubbery surrounding the appurtenance may be used in place of vegetation-free area.  The housing for ground mounted appurtenances shall be painted an inconspicuous color.

 

3)         Guy Wires and Brace Posts

 

A)        Guys and braces will not be allowed in the clear zone on the right-of-way.

 

B)        When guy wires are allowed, guy wires shall be equipped with guy guards for maximum visibility.

 

4)         Joint Use of Poles

 

A)        Poles supporting both lights and lighting power lines shall meet the criteria for light poles except joint use of poles will not be permitted in the clear zone.

 

B)        Joint use of poles will be required where practical.

 

b)         Light Poles

 

1)         Light poles shall be of single pole construction located as near as practicable to the right-of-way line and, where possible, in protected areas.

 

A)        In urban areas where pavement is curbed, light poles are to be as remote as practicable from the curb with a minimum distance of 1.5 feet behind the face of the curb.

 

B)        In urban areas, where pavement is uncurbed, light poles shall be as remote from the pavement as practicable with a minimum distance of four feet outside the outer shoulder line of the roadway.

 

2)         No light poles will be permitted in the ditch line of any State highway.

 

3)         A light pole located in the clear zone will be breakaway unless:

 

A)        It cannot be struck by errant vehicles because it is behind or on a barrier, or is protected by crash cushions which are necessary for other roadway design reasons; or

 

B)        The amount of pedestrian traffic on nearby pedestrian facilities is such that a breakaway support would present a greater potential hazard to the pedestrian traffic than a non-breakaway support would present to the vehicular traffic.  Examples of such locations include sports stadiums and associated parking areas, tourist attractions, school zones, central business districts, and local residential neighborhoods where the speed limit is 30 miles per hour or less.

 

4)         Light poles located outside the clear zone of roadways, where no pedestrian facilities exist, shall be breakaway where there is a possibility of being struck by errant vehicles.

 

c)         Lighting Power Lines

            Power lines serving only to provide power to lights must meet the same criteria as power and communication lines.  (See Section 530.450)

 

Section 530.470  Above-Ground Facilities – Other Utilities

 

Only light poles, power lines and communication lines facilities and appurtenances to underground facilities such as regulator vault gauge boxes, highway crossing casing vents, service and system pressure regulator installations and pipeline markers will be allowed above-ground on State highways.

 

Section 530.480  Track and Rail Facilities

 

An applicant may be granted a permit for the placement of track and rails on a State highway right-of-way based upon the following classifications: a)   An applicant which is a registered rail carrier in accordance with the rules and procedure of the Illinois Commerce Commission shall, in addition to the permission required by this Part, have the permission of the ILCC to place track and rail across a highway at grade.

 

b)         An applicant which is a registered rail carrier shall secure the permission required by this Part to place track and rail in any manner on highway right-of-way except as provided in Section 530.480(a).

 

c)         An applicant which is not a registered rail carrier shall secure the permission required by this Part to place track and rail on highway right-of-way in any manner.

 

d)         A registered rail carrier which has track and rail facilities located at grade or otherwise on highway right-of-way pursuant to permit issued by the Department, agreement with the Department or order of the ILCC issued prior to the adoption of this Part need not comply with the provisions of Section 530.40(i).

SUBPART E: CONSTRUCTION METHODS AND MAINTENANCE WORK ON UTILITIES

 

Section 530.500  Construction Methods for Utility Installations

 

a)         Utility facilities shall be installed in a Department approved manner, as defined in Section 530.30.  Compliance with this Section does not necessarily constitute compliance with relevant rules of other State agencies such as the ILCC rules entitled "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) and applicable Environmental Protection Agency regulations.

 

b)         Boring or Jacking

 

1)         Boring or jacking under State highways shall be accomplished from pits located a minimum of 30 feet from the edge of pavement on fully access-controlled highways and at a distance of ten feet plus the depth of the pit without shoring on conventional highways.  If shoring is used, the pits shall be located a minimum of ten feet from the edge of pavement on conventional highways.  The shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

 

2)         Wet boring or jetting will not be permitted under the roadway structure of State highways.

 

3)         Borings over six inches in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch.  Borings six inches and under may be accomplished by either jacking, guided whip auger, or auger with following pipe method.  Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed.  While pits are open, they shall be clearly marked and protected by barricades.

 

c)         Trenching

 

1)         The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing.

 

2)         Open trench and windrowed excavated material shall be protected as required by Section 530.240.  Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection.

 

3)         Excavated material will not be allowed to remain on the paved portion of the roadway.  Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

 

4)         Any utility located within the drip line of any tree designated by the Department to be spared shall be bored under the root system.

 

d)         Backfilling

 

1)         All trenches and excavations under pavements shall be backfilled with a Department approved granular material and compacted in a Department approved manner as defined in Section 530.30.

 

2)         All other excavations shall be refilled with Department approved materials and construction methods, including compaction as defined in Section 530.30. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.

 

e)         Pavement Cuts

            Pavement cuts for utility installation or repair will not be permitted on any State highway open for traffic.  If a variance is permitted in accordance with Section 530.130, the following requirements shall apply:

 

1)         All saw cuts will be full depth.

 

2)         Restoration of pavement shall be completed as quickly as feasible and shall be done in accordance with Section 530.250.

 

3)         Unless otherwise directed, temporary repair with bituminous mixture shall be allowed.

 

4)         Any failure of either the temporary repair or the restored pavement shall be immediately corrected.

 

f)         Material Storage on Right-of-Way

            All pipe, conduit, wire, poles, cross arms or other materials distributed along the highway prior to installation shall be placed as remotely as practicable from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance and not in the clear zone.  If material is to be stored on highway right-of-way for more than two weeks prior to installation, approval must be obtained from the Department as defined in Section 530.30.

 

g)         Operational Restrictions

 

1)         Utility construction or maintenance operations on State highway right-of-way may be required to be discontinued during periods of inclement weather when such operations would create extraordinary hazards to highway traffic (e.g. the use of steel plates may be restricted in winter).

 

2)         Such operations may also be required to be discontinued or restricted when soil conditions are such that the utility work would result in extensive damage to the highway right-of-way.

 

3)         These restrictions will be waived when emergency work is required to restore vital utility services.

 

Section 530.510  Encasement

 

a)         Encasement of underground utility crossings where required is intended to serve one or more of the following purposes:

1)         To allow replacement of utility without future disruption of roadway structure.

2)         To allow installation of additional facilities without future disruption of roadway structure.

3)         To vent or drain leaks of volatile gases or liquids that might occur under the roadway structure.

4)         To serve as bridge or carrier through unstable soil structure.

5)         To prevent cavitation under pavement structure from leaks of pressurized liquids.

6)         To allow ease of insertion and coating protection of utility conductor or carrier.

7)         To provide protection of utility conductor or carrier from superimposed loads or "dig-in" damage.

b)         Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads.  The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the Department as defined in Section 530.30.

c)         Underground utility crossings without encasement will generally preclude future maintenance or repair in the area between ditch lines or toes of slopes.

 

Section 530.520  Post Installation Location

 

All non-metallic underground utilities will have a Department approved metallic locator installed above the facility.

 

Section 530.530  Track and Rail Inspection and Maintenance

 

a)         A permittee, other than a registered rail carrier classified in accordance with Section 530.480(a), shall in addition to special permit conditions undertake the following inspection and maintenance obligations.

 

1)         Inspect its facilities at least once a year, unless otherwise specified by its permit.

 

2)         Maintain its track and rail facilities to meet the following standards:

 

A)        The rails on at-grade crossings shall be flush with the highway surface. Crossing materials shall not be loose or unstable.  The highway surface shall not be rough (i.e., deviations in surface plane shall not exceed ³/₄" in any one yard square area).

 

B)        Warning and protection devices shall be fully functional.

 

C)        Each overpass must be able to support the loads for which it is designed and used.  Furthermore, portions of an overpass structure or other materials shall not be allowed to fall onto the highway below.

 

D)        Underpasses must be able to support the highway and its users above.

 

3)         Submit condition/inspection reports.

 

A)        Said reports shall have a format which meets the information requirements of the Department and the National Bridge Inspection Standards, incorporated by reference in Section 530.20.

 

B)        The reports shall be submitted to the appropriate Department's District Office issuing the permit within 25 days after the inspection of the facility.

 

C)        If an imminently dangerous condition is found at a track and rail facility, that condition shall be immediately reported to the Department.

 

4)         Take all necessary steps to keep the highway open and safe for motorists.

 

b)         A permittee classified in accordance with Section 530.480(a) shall undertake the inspection and maintenance obligations required by the statutes governing, regulations adopted and orders issued by, the ILCC.

 

c)         The Department may make verification inspections of track and rail facilities to ascertain whether they are being properly maintained and whether condition reports of those facilities are accurate.  Deficiencies shall be corrected within 30 days unless otherwise specified.

 

d)         The inspection and maintenance required by this Part shall not apply to registered rail carriers which have track and rail facilities located at grade or otherwise on highway right-of-way pursuant to permit issued by the Department, agreement with the Department or order of the ILCC prior to the adoption of this Part.

SUBPART F: VEGETATION CONTROL

 

Section 530.600  Tree Trimming

 

a)         The Department's policies for the preservation and conservation of roadside trees, shrubs, and turf are based on the inherent value of these environmental features to the public well-being and enjoyment.

 

b)         Tree trimming for line clearance shall not be considered a normal maintenance operation and each tree trimming project shall require the application for and the issuance of a separate working permit.

 

c)         Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workmen with supervision who are experienced in accepted tree pruning practices.

 

d)         Poor pruning practices resulting in damaged or misshapened trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages.

 

e)         The Department will require compensation for trees extensively damaged and for trees removed without authorization.  The formula developed by the International Society of Arboriculture, incorporated by reference in Section 530.20, will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees.

 

f)         The Department may require the removal of trees if trimming or radical pruning would leave them in an unacceptable condition.

 

g)         The Department may require that special measures be taken to preserve specimen trees or trees of special significance.  The required measures may consist of higher poles, side arm extensions, covered wire or other means.

 

h)         Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

 

Section 530.610  Chemical Vegetation Control

 

a)         Spraying of live foliage with any type of brush-killing chemicals in lieu of cutting will not be permitted on State highway right-of-way.

 

b)         Each permit application for chemical use for growth retardant or prevention of reestablishment of brush will be considered individually. Approval or disapproval will be based on the location and the proposed methods and materials.

 

c)         Permit applications for chemical control of vegetation shall require certification that the work will be accomplished by personnel licensed by the Department of Agriculture as Herbicide Applicators.

SUBPART G: UTILITY ATTACHMENTS TO BRIDGES OR TRAFFIC STRUCTURES

 

Section 530.700  General

 

a)         It shall be the general policy of the Department to grant approval for accommodation of utilities on bridges only when engineering and economic study substantiates that all other means of accommodating the utility are not practical.  Other means shall include, but not be limited to, underground, under stream, independent poles, cable supports and tower supports, all of which are completely separated from the bridge.  The utility company shall include supporting data in their request that indicates the impracticality of alternate routing.

 

b)         This Section covers the requirements, limitations, procedures, and assessment of charges for the permitted attachment of utility facilities to bridges or traffic structures on or over State highways that are under the jurisdiction of the Department of Transportation.

 

c)         The provisions of this Section are applicable to both existing and proposed bridges for the attachment of a new utility, the expanding of an existing utility attachment, or the voiding of an attachment permit.

 

d)         Utility facilities attached to highway structures constitute varying degrees of hazards to the highway user and to the structure itself.  Utility facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present the higher degrees of risk and such installations will normally not be permitted.  Approval or disapproval of an application for utility attachment to a highway structure will be based on the following considerations:

 

1)         The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to the highway user.

 

2)         The type, length, value, and relative importance of the highway structure in the transportation system.

 

3)         The alternative routings available to the utility and their comparative practicality.

 

4)         The proposed method of attachment.

 

5)         The degree of interference with bridge maintenance and painting.

 

6)         The effect on the visual quality of the structure.

 

7)         The public benefit expected from the utility service as compared to the risk involved.

 

e)         When the Department requires the removal or adjustment of any existing utility attachment due to the renovation or removal of an existing bridge, the existing permit will be automatically voided, and if a new permit is applied for and approved, the utility owner will be assessed in accordance with this Part.

 

f)         The issuance of a Bridge Attachment Permit will acknowledge receipt of the assessment charge and will give the necessary permission to attach, operate, and maintain the facility.  In the case of a new structure, the permit will serve as an agreement during the period of construction and as a permit to attach, operate, and maintain the facility upon completion of the construction.

 

g)         The utility owner shall provide approved cut-off facilities at each end of the highway structure in order that service through the facilities attached to the structure can be cut off in case of accident or other occurrence requiring such interruption.

 

Section 530.710  Methods of Attachment

 

a)         Prohibited Attachment

            No utility attachment to a bridge or traffic structure will be considered that proposes any of the following practices:

 

1)         Burying conduits or cables in bridge slabs or sidewalks.

 

2)         Drilling holes outside the middle third of the web of load carrying steel structural elements.

 

3)         Welding on structural steel elements of the structure.

 

4)         Drilling into prestressed or post-tensioned concrete supporting beams.

 

5)         Casting inserts into the bottom of prestressed concrete members.

 

6)         Attaching in a manner that will reduce critical clearances.

 

7)         Attaching outside the fascia of the bridge or structure.

 

8)         Gas pipelines over four inches in diameter or having internal pressure in excess of 75 psig.

 

9)         More than one gas pipeline for each structure.

 

10)         Pipelines carrying liquids or gases of an extraordinarily hazardous nature shall not be attached to highway structures.

 

b)         Acceptable Attachment Practices

            When and where the attachment of a utility to a highway bridge or structure is given favorable consideration, the following general practices shall be followed:

 

1)         The attachment shall be located below the floor of the structure between beams or girders and above the lowest structural member on existing structures. Conduits may be designed into a new structure for approved attachments.

 

2)         Supports and hangers shall be designed to clamp or bolt to steel structural elements.

 

3)         Supports and hangers shall be designed to clamp or bolt to prestressed or post-tensioned concrete structural elements without drilling.

 

4)         Utility facilities may be hung from inserts drilled on existing bridges or cast on new construction into non-critical concrete areas such as the floor slab.  Inserts on new construction will be furnished and installed by the Department and shown in detail on construction plans.

 

5)         The petitioner shall submit plans and specifications showing the size, weight per foot, and proposed method of attachment of the utility elements and stating the type of commodity to be transmitted, the proposed pressure or voltage, and giving the proposed location of cutoffs adjacent to the structure.

 

6)         A permit for bridge attachment will provide conduit or pipe capacity for any anticipated expansion.  In the interest of simplification, the assessment charge shall be calculated assuming that all conduits of the proposed system are filled.

 

7)         All work of attachment and maintenance of the utility facilities shall be accomplished by the utility.  In the case of a new bridge or traffic structure, the contract special provisions will require the State's contractor to cooperate with the utility company with the understanding that the utility company will furnish and install the necessary conduits or pipes and appurtenances.

SUBPART H: APPLICATION DENIAL, REVOCATION AND SANCTIONS

 

Section 530.800  Denial of Applications

 

a)         A permit shall be granted unless the Department makes any of the following findings:

 

1)         that an applicant has a history of not responding to Department requests;

 

2)         there is no public need for the placement of the requested facility on the highway right-of-way;

 

3)         the placement of the requested facility on the highway right-of-way will unduly threaten the safety and convenience of highway users;

 

4)         that the proposed facility, its installation, or its maintenance will interfere with the ability of the Department to construct, maintain, operate or improve the highway, including appurtenant facilities;

 

5)         the proposed installation is not in compliance with this Part; or

 

6)         that the applicant does not have liability insurance sufficient to satisfy Section 530.50 Indemnification and Insurance.

 

b)         If an application for a permit is denied, the Department will submit a letter to the utility company explaining the reason for denial.  The application may be resubmitted for consideration if the application can be modified to meet the Department's objections as specified in the letter of denial.

 

Section 530.810  Sanctions and Other Remedies

 

a)         Failure of the permittee to do any of the following constitutes grounds to revoke a permit issued under this Part:

 

1)         comply fully with the terms of the permit, including the provisions set forth in this Part;

 

2)         remove, relocate, or otherwise modify its facility, in a timely manner, when required to do so by the Department; and

 

3)         pay, within 90 days, the costs apportioned to it pursuant to Section 530.320 and provisions of this Part.

 

b)         Noncompliance of a continuing, pervasive, or serious nature may result in the revocation or modification of all of the permittee's permits throughout the State.

 

c)         Upon revocation of its permit, or if notified that no valid permit exists and that a permit is required, the responsible party shall remove its facility in a timely manner (See Section 530.30 "Timely") at no expense to the Department.

 

d)         If the Department finds mitigating circumstances (such as unavailability of funds or that the failure to comply had not caused major problems), the Department may impose sanctions and conditions on a permittee which may include, but not be limited to, the following:

 

1)         The permit may be revoked in part.

 

2)         A surety bond may be required, even for facilities already in place.

 

3)         Existing and future facilities may be required to be buried and encasement may also be required.

 

e)         Failure of a permittee (or former permittee) to comply with the Department's notice of revocation or amendment constitutes a violation of this Part and Section 9-113 of the Code.

 

Section 530.820  Incompatibility With Highway Use

 

If the continued use and occupancy of the right-of-way is incompatible with highway needs, the Department may require the permittee to modify or remove its facility and may amend or revoke the permit.

 

Section 530.830  Non-Use

 

a)         The permittee shall notify the Department within 15 days of the termination of its use of a facility.  If requested to do so by the Department, the permittee shall remove its facilities and restore the right-of-way in accordance with Section 530.250.  Such removals are not expected to be normal requirements, and will be requested only when the abandoned or non-used utility facilities will interfere with anticipated construction or other anticipated use of the right-of-way in the area, or when existence of the abandoned or non-used utility facilities could be detrimental to the highway.  The Department may require the permittee to convey ownership, control, and responsibility of the abandoned facility to the State of Illinois in exchange for being allowed to leave the facility in or on the right-of-way.

 

b)         If the permittee terminates its use of facilities attached to a bridge or traffic structure, the Department may require all utility appurtenances be removed at the permittee's expense.  The removal shall include all clamps or other appurtenances.  The bridge or traffic structure where appurtenances were located shall be painted and restored to its original condition as part of the removal.

 

Section 530.840  Change of Ownership or Owner's Identity or Legal Status

 

a)         The permittee shall notify the Department's District Office that issued the permit within ten days prior to the transfer of a permitted facility to another party.

 

b)         The new owner shall request that the permit be amended to show current ownership.  If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the State's right-of-way.

 

c)         If a permittee is sold (e.g., a corporation is sold), no change in the permit is required.  The new owner of the permittee shall have all the obligations and privileges enjoyed by the former owner.

 

d)         If the legal status of the permittee changes (e.g., corporate merger or the incorporation of a partnership), the permittee is still bound by the permit, but must notify the Department of the change in the legal status.

SUBPART I: ADMINISTRATIVE REMEDIES

 

Section 530.900  Administrative Review

 

a)         If the applicant and the District cannot agree either on whether the permit should be issued or on what conditions would be appropriate, the applicant may, within 15 days after the issuance of written notice of the District's position, appeal the District's determination to the Chief of the Department's Central Bureau of Maintenance.

 

b)         This appeal shall be in writing, shall clearly State the areas of disagreement and the basis for the applicant's position, and shall be directed to:

 

Illinois Department of Transportation

Division of Highways

Chief of the Bureau of Maintenance

2300 South Dirksen Parkway

Springfield, Illinois 62764

 

c)         If requested in the appeal, the Chief of the Department's Bureau of Maintenance or designee shall provide an opportunity to be heard within ten days after the request.  In availing itself of this opportunity, the applicant may present evidence and arguments which may tend to rebut the District's determination which is being appealed.

 

d)         The Bureau Chief should either reaffirm or revise, in writing, the initial determination within 15 calendar days after  having heard the applicant's appeal. If no reaffirmation or modification of the Department's determination is made within 15 calendar days, that determination shall remain in effect as if expressly affirmed.




Section 530.ILLUSTRATION A   District Boundary Map