Full Text of SB1383 100th General Assembly
SB1383sam002 100TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 4/25/2017
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| 1 | | AMENDMENT TO SENATE BILL 1383
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1383, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Underground Utility Facilities | 6 | | Damage Prevention Act is amended by changing Sections 2, 2.1.3, | 7 | | 2.1.4, 2.1.5, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 2.11, 3, | 8 | | 4, 6, 7, 8, 9, 10, 11, 11.3, 12, 13, and 14 and by adding | 9 | | Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.12, 2.13, and 7.5 as | 10 | | follows:
| 11 | | (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
| 12 | | Sec. 2. Definitions. As used in this Act, unless the | 13 | | context clearly
otherwise
requires, the terms specified in | 14 | | Sections 2.1.1 2.1 through 2.13 2.11 have the
meanings
ascribed | 15 | | to them in those Sections.
| 16 | | (Source: P.A. 94-623, eff. 8-18-05.)
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| 1 | | (220 ILCS 50/2.1.1 new) | 2 | | Sec. 2.1.1. Excavator. "Excavator" means any person or | 3 | | legal entity, public or private, that engages in excavation or | 4 | | demolition work. | 5 | | (220 ILCS 50/2.1.2 new) | 6 | | Sec. 2.1.2. Pre-mark. "Pre-mark" means to use white paint, | 7 | | stakes, or flags to delineate the work area at the site of the | 8 | | proposed excavation or demolition area. An existing above | 9 | | ground structure may be considered a pre-mark. A verbal | 10 | | pre-mark is adequate when the scope requested to be marked is | 11 | | narrow and explicit enough to prevent marking a large area | 12 | | beyond the actual area of excavation or demolition. If | 13 | | utilized, physical pre-marking for the area of the planned | 14 | | excavation or demolition must be accomplished prior to | 15 | | notifying the One-Call Notice System. | 16 | | (220 ILCS 50/2.1.3)
| 17 | | Sec. 2.1.3. No show request. "No show request" means a | 18 | | notice initiated by an excavator through the State-Wide | 19 | | One-Call Notice System to the owners or operators of | 20 | | underground utility facilities notified in the prior locate | 21 | | request that such facility owners or operators, as identified | 22 | | by the excavator, either failed to mark their facilities or to | 23 | | communicate their non-involvement with the excavation prior to |
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| 1 | | the requested dig start date and time.
| 2 | | (Source: P.A. 96-714, eff. 1-1-10.) | 3 | | (220 ILCS 50/2.1.4)
| 4 | | Sec. 2.1.4. Incomplete request. "Incomplete request" | 5 | | means a notice initiated by an excavator through the State-Wide | 6 | | One-Call Notice System to the owners or operators of | 7 | | underground utility facilities notified in a prior locate | 8 | | request that such facility owners or operators, as identified | 9 | | by the excavator person excavating , did not completely mark the | 10 | | entire extent or the entire segment of the proposed excavation, | 11 | | as identified by the excavator in the prior notice.
| 12 | | (Source: P.A. 96-714, eff. 1-1-10.) | 13 | | (220 ILCS 50/2.1.5)
| 14 | | Sec. 2.1.5. Re-mark request. "Re-mark request" means a | 15 | | notice initiated by an excavator through the State-Wide | 16 | | One-Call Notice System to the owners or operators of | 17 | | underground utility facilities notified in the initial locate | 18 | | request requesting facility owners or operators to re-mark all | 19 | | or part of the work area identified in the initial locate | 20 | | request, because facility markings are becoming or have become | 21 | | indistinguishable due to factors, including, but not limited | 22 | | to, weather, fading, construction activity, or vandalism. Only | 23 | | the affected areas where excavation or demolition is to | 24 | | continue shall be requested to be re-marked.
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| 1 | | (Source: P.A. 96-714, eff. 1-1-10.) | 2 | | (220 ILCS 50/2.1.7 new) | 3 | | Sec. 2.1.7. Normal notice request. "Normal notice request" | 4 | | means a request for locates that provides no less than 48 | 5 | | hours, but no more than 14 calendar days, advance notice of a | 6 | | planned excavation or demolition. A normal notice request is | 7 | | only valid for 28 calendar days from the date of the original | 8 | | normal notice, unless a subsequent request for extension, as | 9 | | described in subsection (g) of Section 4, is made. | 10 | | (220 ILCS 50/2.1.8 new) | 11 | | Sec. 2.1.8. One-Call Notice System. "One-Call Notice | 12 | | System" means JULIE or the State-Wide One-Call Notice System | 13 | | for all excavation or demolition performed and underground | 14 | | facilities owned outside the jurisdiction of the city limits of | 15 | | Chicago. "One-Call Notice System" also means the Chicago | 16 | | Utility Alert Network or Digger (Chicago 811) for all | 17 | | excavation or demolition performed and underground facilities | 18 | | owned within the jurisdiction of the city limits of Chicago.
| 19 | | (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
| 20 | | Sec. 2.2. Underground utility facilities. | 21 | | (a) "Underground utility facilities" or "facilities" means | 22 | | and includes wires, ducts, fiber optic cable, conduits, pipes, | 23 | | sewers, and cables and their connected appurtenances existing |
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| 1 | | installed beneath the surface of the ground and owned or | 2 | | operated by: | 3 | | (1) a public utility as defined in the Public Utilities | 4 | | Act; | 5 | | (2) a municipally owned or mutually owned utility | 6 | | providing a similar utility service; | 7 | | (3) a pipeline entity transporting gases, crude oil, | 8 | | petroleum products, or other hydrocarbon materials within | 9 | | the State; | 10 | | (4) a telecommunications carrier as defined in the | 11 | | Universal Telephone Service Protection Law of 1985, or by a | 12 | | company described in Section 1 of the Telephone Company | 13 | | Act; | 14 | | (5) a community antenna television system, as defined | 15 | | in the Illinois Municipal Code or the Counties Code; | 16 | | (6) a holder, as that term is defined in the Cable and | 17 | | Video Competition Law of 2007; | 18 | | (7) any other entity owning or operating underground | 19 | | facilities that transport generated electrical power to | 20 | | other utility owners or operators or transport generated | 21 | | electrical power within the internal electric grid of a | 22 | | wind turbine generation farm; and | 23 | | (8) an electric cooperative as defined in the Public | 24 | | Utilities Act ; .
| 25 | | (9) an agency of the State of Illinois; and | 26 | | (10) any other active member of a One-Call Notice |
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| 1 | | System. | 2 | | (Source: P.A. 96-714, eff. 1-1-10.)
| 3 | | (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
| 4 | | Sec. 2.3. Excavation. "Excavation" means any operation in | 5 | | which earth,
rock, or
other material in or on the ground is | 6 | | moved, removed, or otherwise
displaced by means of any tools, | 7 | | power equipment or explosives, and
includes, without | 8 | | limitation, grading, trenching, digging, ditching,
drilling, | 9 | | augering, boring, tunneling, scraping, cable or pipe plowing, | 10 | | saw cutting when penetrating into the base or subbase of a | 11 | | paved surface, and
driving ,
but does not include : | 12 | | (1) farm tillage operations ; or | 13 | | (2) railroad right-of-way
maintenance ; or operations | 14 | | or | 15 | | (3) coal mining operations regulated under the
Federal | 16 | | Surface Mining Control and Reclamation Act of 1977 or any | 17 | | State law
or rules or regulations adopted under the federal | 18 | | statute ; , or | 19 | | (4) land
surveying operations as defined in the | 20 | | Illinois Professional Land Surveyor
Act of 1989 when | 21 | | manually excavating to a depth not to exceed 24 inches; | 22 | | prior to driving any pin or rod under this paragraph (4), | 23 | | the intended location for the pin or rod shall be hand | 24 | | probed to the depth of the intended excavation; not using | 25 | | power equipment, or |
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| 1 | | (5) roadway surface milling ; .
| 2 | | (6) manually inserting a temporary ground or probe rod | 3 | | as part of underground utility facility locating; | 4 | | (7) manually inserting a temporary probe rod for bar | 5 | | holing to determine the area of a leaking underground | 6 | | hazardous gas or liquid facility; or | 7 | | (8) manually inserting a ground rod for the purpose of | 8 | | grounding utility equipment when an emergency exists and no | 9 | | other ground source is available. | 10 | | An exclusion to this Section in no way prohibits a request | 11 | | from being made for the marking of underground utility | 12 | | facilities. | 13 | | (Source: P.A. 94-623, eff. 8-18-05.)
| 14 | | (220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)
| 15 | | Sec. 2.4. Demolition. "Demolition" means the wrecking, | 16 | | razing, rending, moving,
or removing of a structure by means of | 17 | | any power tool, power
equipment (exclusive of transportation | 18 | | equipment) or explosives.
| 19 | | (Source: P.A. 86-674.)
| 20 | | (220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)
| 21 | | Sec. 2.5. Damage. "Damage" means the contact or dislocation | 22 | | of any underground
utility facility or CATS facility during | 23 | | excavation or demolition which
necessitates immediate or | 24 | | subsequent repair by the owner or operator of such facility due |
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| 1 | | to a weakening or the partial or complete destruction of the | 2 | | facility, including, but not limited to, the protective | 3 | | coating, lateral support, cathodic protection, or housing for | 4 | | the line, device, or facility .
| 5 | | (Source: P.A. 86-674.)
| 6 | | (220 ILCS 50/2.7)
| 7 | | Sec. 2.7. Tolerance zone. "Tolerance zone" means : (i) if | 8 | | the diameter of the facility is indicated, the distance of | 9 | | one-half of the known diameter plus 1.5 feet on either side of | 10 | | the designated center line of the utility marking; (ii) if the | 11 | | diameter of the facility is not indicated, 1.5 feet on either | 12 | | side of the outside edge of the utility marking; or (iii) for | 13 | | subaqueous facilities, a distance of 10 feet on either side of | 14 | | the indicated facility. For purposes of this Section, | 15 | | "subaqueous" means a facility located under a lake, river, or | 16 | | navigable waterway. The utility markings provided cannot | 17 | | indicate that the width of the marked facility is any greater | 18 | | than the actual width of the underground facility. The | 19 | | tolerance zone shall also apply to visible utility structures, | 20 | | including, but not limited to, poles with overhead to | 21 | | underground transitions, pedestals, transformers, meters, | 22 | | hydrants, and valve boxes; there shall be a 1.5 foot tolerance | 23 | | zone entirely around such facilities the approximate location
| 24 | | of underground
utility facilities
or CATS facilities defined as | 25 | | a strip of land at least 3 feet wide, but not
wider than the |
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| 1 | | width of
the underground facility or CATS facility plus 1-1/2 | 2 | | feet on either side of
such facility based upon the markings | 3 | | made by the owner or operator of the
facility .
Excavation | 4 | | within the tolerance zone requires extra care and precaution
| 5 | | including, but not
limited to, as set forth in Section 4.
| 6 | | (Source: P.A. 92-179, eff. 7-1-02.)
| 7 | | (220 ILCS 50/2.8)
| 8 | | Sec. 2.8. Approximate location. "Approximate location" | 9 | | means the actual location of the marked underground facility | 10 | | that lies entirely within the tolerance zone a strip of
land at | 11 | | least 3 feet wide, but not wider than the width of the | 12 | | underground
facility or CATS facility plus 1.5 feet on either | 13 | | side of the facility .
| 14 | | (Source: P.A. 92-179, eff. 7-1-02.)
| 15 | | (220 ILCS 50/2.9) | 16 | | Sec. 2.9. 48 Hours. "48 hours" "Forty-eight hours" means 2 | 17 | | business days beginning at 8 a.m. and ending at 4 p.m. | 18 | | (exclusive of Saturdays, Sundays, and holidays recognized by | 19 | | the State-Wide One-Call Notice System or the municipal one-call | 20 | | notice system ). All requests for locates received after 4 p.m. | 21 | | will be processed as if received at 8 a.m. the next business | 22 | | day.
| 23 | | (Source: P.A. 94-623, eff. 8-18-05.) |
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| 1 | | (220 ILCS 50/2.10) | 2 | | Sec. 2.10. Open cut utility locate. "Open cut utility | 3 | | locate" means a method of locating underground utility | 4 | | facilities that requires excavation by the owner, operator, or | 5 | | agent of the underground facility.
| 6 | | (Source: P.A. 94-623, eff. 8-18-05.) | 7 | | (220 ILCS 50/2.11)
| 8 | | Sec. 2.11. Roadway surface milling. "Roadway surface | 9 | | milling" means the removal of a uniform pavement section by | 10 | | rotomilling, grinding, saw cutting, or other means that does | 11 | | not penetrate into including the roadway base or subbase.
| 12 | | (Source: P.A. 94-623, eff. 8-18-05.) | 13 | | (220 ILCS 50/2.12 new) | 14 | | Sec. 2.12. Damage notification. "Damage notification" | 15 | | means a notice to the owners or operators that damage to an | 16 | | underground line has occurred in the area of the excavation or | 17 | | demolition. | 18 | | (220 ILCS 50/2.13 new) | 19 | | Sec. 2.13. Exposed notification. "Exposed notification" | 20 | | means a notification to the owners or operators that a | 21 | | previously unmarked underground line has been exposed, but not | 22 | | damaged.
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| 1 | | (220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
| 2 | | Sec. 3. One-Call Notice System membership. The owners or | 3 | | operators of underground utility facilities are required to be | 4 | | members of a One-Call Notice System
or CATS facilities that are | 5 | | not currently participants in the State-Wide
One-Call Notice | 6 | | System shall, within 6 months of the effective date of this
| 7 | | Act, join the State-Wide One-Call Notice System. This Section | 8 | | shall not
apply to utilities operating facilities or CATS | 9 | | facilities exclusively
within the boundaries of a municipality | 10 | | with a population of at least one
million persons .
| 11 | | (Source: P.A. 86-674.)
| 12 | | (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
| 13 | | Sec. 4. Required activities. Every excavator person who | 14 | | engages in nonemergency
excavation or
demolition shall:
| 15 | | (a) take reasonable action to inform himself or herself | 16 | | of the
location of any underground utility facilities in | 17 | | and
near the area for which such operation is to be | 18 | | conducted;
| 19 | | (b) plan the excavation or demolition to avoid or | 20 | | minimize interference with
underground utility facilities | 21 | | within the tolerance zone
by utilizing such precautions | 22 | | that include, but are not limited to, hand
excavation , or | 23 | | vacuum excavation methods to the depth of the proposed | 24 | | excavation or demolition , and visually inspecting the | 25 | | excavation
while in progress until clear of the existing |
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| 1 | | marked facility;
| 2 | | (c) pre-mark in accordance with Section 2.1.2 if | 3 | | practical, use white paint, flags, stakes, or both, to | 4 | | outline the
dig site ;
| 5 | | (d) provide notice not less than 48 hours
but no more | 6 | | than 14 calendar days in
advance of the start of the
| 7 | | excavation or demolition to the owners or operators of the | 8 | | underground
utility facilities in and near the excavation | 9 | | or
demolition area through the State-Wide One-Call Notice | 10 | | System or, in the
case of nonemergency excavation or | 11 | | demolition within the boundaries of a
municipality of at | 12 | | least one million persons which operates its own
one-call | 13 | | notice system, through the one-call notice system which | 14 | | operates
in that municipality . | 15 | | At a minimum, the notice required under this subsection | 16 | | (d) shall provide: | 17 | | (1) the person's name, address, phone number at | 18 | | which a person can be reached, and if available, a fax | 19 | | number and email address , if available ; | 20 | | (2) the start date and time of the planned | 21 | | excavation or demolition; | 22 | | (3) all counties, cities, or townships, or any | 23 | | combination thereof, where the proposed excavation or | 24 | | demolition shall take place; | 25 | | (4) the address or location at which the excavation | 26 | | or demolition shall take place; |
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| 1 | | (5) the type of work, and the and extent and | 2 | | description of the area where excavation or demolition | 3 | | is to occur of the work involved ; and | 4 | | (6) the section or quarter sections when the | 5 | | information in items (1) through (5) of this subsection | 6 | | (d) does not allow the State-Wide One-Call Notice | 7 | | System to determine the appropriate excavation or | 8 | | demolition site. This item (6) does not apply to | 9 | | residential property owners;
| 10 | | (7) an indication of whether directional boring or | 11 | | horizontal drilling will be used; | 12 | | (8) an indication of whether the excavation will | 13 | | exceed 7 feet in depth; | 14 | | (9) an indication of whether the proposed | 15 | | excavation or demolition has been physically | 16 | | pre-marked as defined in Section 2.1.2; and | 17 | | (10) the latitude and longitude, if available. The | 18 | | information specified in items (1) through
(9) of this | 19 | | subsection (d) is still required when providing | 20 | | latitude and longitude; | 21 | | (e) provide, during and following excavation or | 22 | | demolition,
such support for
existing underground utility | 23 | | facilities in and near the
excavation or demolition area as | 24 | | may be reasonably necessary for the protection
of such | 25 | | facilities unless otherwise agreed to by the owner or | 26 | | operator of the
underground facility;
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| 1 | | (f) backfill all excavations in such manner and with | 2 | | such
materials as may
be reasonably necessary for the | 3 | | protection of existing underground utility
facilities in | 4 | | and near the excavation or demolition area;
| 5 | | (g) after February 29, 2004, when the excavation or | 6 | | demolition project
will extend past 28 calendar days from | 7 | | the date of the original notice provided
under clause (d), | 8 | | the excavator shall provide a subsequent notice to the | 9 | | owners
or operators of the underground utility facilities | 10 | | in and
near the excavation or demolition area through the | 11 | | State-Wide One-Call Notice
System
or, in the case of | 12 | | excavation or demolition within the boundaries of a
| 13 | | municipality having a population of at least 1,000,000 | 14 | | inhabitants that
operates its own one-call
notice system, | 15 | | through the one-call notice system that operates in that
| 16 | | municipality
informing utility owners and operators that | 17 | | additional time to complete
the excavation or demolition | 18 | | project will be required . The notice will provide
the | 19 | | excavator with an additional 28 calendar days from the date | 20 | | of the
subsequent notification to continue or complete the | 21 | | excavation or demolition
project . The excavator may not | 22 | | provide a subsequent notice under this Section simply for | 23 | | the purpose of keeping a prior notice open or valid without | 24 | | continued excavation occurring within the period of that | 25 | | subsequent notice ;
| 26 | | (h) exercise due care at all times to protect |
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| 1 | | underground utility facilities. If, after proper | 2 | | notification through a the State-Wide One-Call Notice | 3 | | System and upon arrival at the site of the proposed | 4 | | excavation, the excavator observes clear evidence of the | 5 | | presence of an unmarked or incompletely marked utility in | 6 | | the area of the proposed excavation, the excavator shall | 7 | | not begin excavating until all affected facilities have | 8 | | been marked or 2 hours , whichever is shorter, after an | 9 | | additional call is made to the State-Wide One-Call Notice | 10 | | System for the area . The owner or operator of the utility | 11 | | shall respond within 2 hours of the excavator's call to the | 12 | | State-Wide One-Call Notice System; and | 13 | | (i) when factors, including, but not limited to, | 14 | | weather, construction activity, or vandalism, at the | 15 | | excavation site have caused the utility markings to become | 16 | | faded or indistinguishable, the excavator shall initiate a | 17 | | remark request provide an additional notice through the | 18 | | State-Wide One-Call Notice System requesting that only the | 19 | | affected areas where excavation or demolition is to | 20 | | continue be re-marked. Facility owners or operators must | 21 | | respond to the notice to re-mark according to the | 22 | | requirements of Section 10 of this Act.
| 23 | | If upon notice, a facility operator determines there is a | 24 | | critical facility within the proposed excavation area and the | 25 | | facility operator desires to have an authorized representative | 26 | | present during excavation near the critical facility, the |
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| 1 | | facility operator shall contact the excavator prior to the | 2 | | requested dig start time provided on the notice to schedule a | 3 | | date and time for the facility operator to be present when | 4 | | excavation will occur near the critical facility. All | 5 | | excavators must comply with the facility operator's request to | 6 | | be present during excavation near critical facilities. In lieu | 7 | | of having an authorized representative present, the facility | 8 | | operator may choose to complete a minimal excavation near the | 9 | | critical facility to expose its location. However, it is | 10 | | incumbent on the facility operator to comply with the | 11 | | excavator's schedule for when excavation will occur near the | 12 | | critical facility. For excavation that may be near critical | 13 | | facilities intermittently during the course of the project, the | 14 | | excavator shall provide notice to the facility operator not | 15 | | less than one business day before excavation is expected to be | 16 | | near the critical facility. Nothing in this Section shall | 17 | | prohibit an excavator from excavating prudently and carefully | 18 | | near a critical facility without the facility operator present, | 19 | | provided the facility operator waives the request to be present | 20 | | or to complete a minimal excavation exposing the critical | 21 | | facility or is unable to comply with the excavator's schedule. | 22 | | Nothing in this Section prohibits the use of any method of | 23 | | excavation if
conducted in a manner that would avoid | 24 | | interference with
underground utility facilities.
| 25 | | (Source: P.A. 96-714, eff. 1-1-10.)
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| 1 | | (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
| 2 | | Sec. 6. Emergency excavation or demolition.
| 3 | | (a) Every excavator person who
engages in emergency | 4 | | excavation or
demolition outside of the boundaries of a | 5 | | municipality of at least one
million persons which operates its | 6 | | own one-call notice system shall take
all reasonable | 7 | | precautions to avoid or minimize
interference between the | 8 | | emergency work and existing underground utility
facilities in | 9 | | and near the excavation or demolition
area, through the | 10 | | State-Wide One-Call Notice System,
and shall notify, as far in | 11 | | advance as possible, the owners or operators of
such | 12 | | underground utility facilities in and near the
emergency | 13 | | excavation or demolition area, through the State-Wide One-Call
| 14 | | Notice System.
At a minimum, the notice required under this | 15 | | subsection (a) shall provide:
| 16 | | (1) the person's name, address, and (i) phone number at | 17 | | which a person can
be reached and , if available, a (ii) fax | 18 | | number and email address , if available ;
| 19 | | (2) the start date and time of the planned emergency | 20 | | excavation or demolition;
| 21 | | (3) the address or location at which the excavation or | 22 | | demolition will take place; and
| 23 | | (4) the type of work, and the and extent and | 24 | | description of the area where excavation or demolition is | 25 | | to occur; and of the work involved.
| 26 | | (5) all counties, cities, or townships, or any |
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| 1 | | combination thereof, where the emergency excavation or | 2 | | demolition will take place. | 3 | | There is a wait time of 2 hours or the date and time | 4 | | requested on the notice, whichever is longer, after an | 5 | | emergency locate notification request is
made through the | 6 | | State-Wide One-Call Notice System. If the conditions at the
| 7 | | site dictate an earlier start than the required wait time, it | 8 | | is the
responsibility of the excavator to demonstrate that site | 9 | | conditions warranted
this earlier start time.
| 10 | | Upon notice by the excavator person engaged in emergency | 11 | | excavation or demolition, the owner or operator of an | 12 | | underground utility facility in or near the excavation or | 13 | | demolition area shall communicate with the excavator person | 14 | | engaged in emergency excavation or demolition within 2 hours or | 15 | | by the date and time requested on the notice, whichever is | 16 | | longer by (1) marking the approximate location of underground | 17 | | facilities; (2) advising the excavator person excavating that | 18 | | their underground facilities are not in conflict with the | 19 | | emergency excavation; or (3) notifying the excavator person | 20 | | excavating that the owner or operator shall be delayed in | 21 | | marking because of conditions as referenced in subsection (g) | 22 | | of Section 11 of this Act. | 23 | | The notice by the owner or operator to the excavator person | 24 | | engaged in emergency excavation or demolition may be provided | 25 | | by phone or phone message or by marking the excavation or | 26 | | demolition area. The owner or operator has discharged the |
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| 1 | | owner's or operator's obligation to provide notice under this | 2 | | Section if the owner or operator attempts to provide notice by | 3 | | telephone but is unable to do so because the excavator person | 4 | | engaged in the emergency excavation or demolition does not | 5 | | answer his or her telephone or does not have an answering | 6 | | machine , or answering service or voicemail to receive the | 7 | | telephone call. If the owner or operator attempts to provide | 8 | | notice by telephone or by facsimile but receives a busy signal, | 9 | | that attempt shall not discharge the owner or operator from the | 10 | | obligation to provide notice under this Section.
| 11 | | (b) Blank. Every person who engages in emergency excavation | 12 | | or demolition
within the boundaries of a municipality of at | 13 | | least one million persons
which operates its own one-call | 14 | | notice system shall take all reasonable
precautions to avoid or | 15 | | minimize interference between the emergency work
and existing | 16 | | underground utility facilities in and near
the excavation or | 17 | | demolition area, through the municipality's one-call
notice | 18 | | system, and shall notify, as far in advance as possible, the | 19 | | owners
and operators of underground utility facilities in and
| 20 | | near the emergency excavation or demolition area, through the
| 21 | | municipality's one-call notice system.
| 22 | | (c) The reinstallation of traffic control devices shall be | 23 | | deemed an
emergency for purposes of this Section.
| 24 | | (d) An open cut utility locate shall be deemed an emergency | 25 | | for purposes of this Section.
| 26 | | (e) During emergency situations, as described in Section |
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| 1 | | 2.6, where the owner or operator of underground utility | 2 | | facilities has a widespread situation beyond its equipment or | 3 | | personnel capabilities to facilitate a timely repair or | 4 | | correction of the emergency, the facility owner or operator may | 5 | | utilize subcontractors to facilitate the work without a | 6 | | separate emergency locate request by the subcontractor. | 7 | | However, for the purposes of this Act, in such a situation, the | 8 | | facility owner or operator shall be responsible for the actions | 9 | | of its subcontractor, unless the subcontractor has obtained its | 10 | | own notice. | 11 | | (f) Emergency notices provided through a One-Call Notice | 12 | | System shall expire 14 calendar days after the date of the | 13 | | initial notice. | 14 | | (Source: P.A. 96-714, eff. 1-1-10.)
| 15 | | (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
| 16 | | Sec. 7. Damage or dislocation. In the event of any damage | 17 | | to or
dislocation of any underground
utility facilities in | 18 | | connection with any excavation or
demolition, emergency or | 19 | | nonemergency, the excavator person responsible for the
| 20 | | excavation or demolition operations shall immediately notify | 21 | | the affected
utility and the State-Wide One-Call Notice System | 22 | | and cease excavation in the area of the damage when the damaged | 23 | | facility is a threat to life or property or if otherwise | 24 | | required by law or, in the case of damage
or dislocation in | 25 | | connection with any excavation or demolition within the
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| 1 | | boundaries of a municipality having a population of at least | 2 | | 1,000,000
inhabitants that operates its
own one-call notice | 3 | | system, notify the affected utility and the one-call
notice | 4 | | system that operates in that municipality . The excavator person | 5 | | responsible for the excavation or demolition shall not attempt | 6 | | to repair, clamp, or constrict the damaged utility facility | 7 | | unless under the supervision or advisement of the utility | 8 | | facility owner or operator. At no time shall an excavator a | 9 | | person under this Act be required by a utility facility owner | 10 | | or operator to attempt to repair, clamp, or constrict a damaged | 11 | | utility facility. In the event of any damage to any underground | 12 | | utility facility that results in the escape of any flammable, | 13 | | toxic, or corrosive gas or liquid, the excavator person | 14 | | responsible for the excavation or demolition shall call 9-1-1 | 15 | | and notify authorities of the damage. Owners and operators of
| 16 | | underground utility facilities that are damaged and the | 17 | | excavator involved
shall work in a cooperative and expeditious | 18 | | manner to repair the affected
utility.
| 19 | | At a minimum, the notice required under this Section shall | 20 | | provide: | 21 | | (1) a reference to the original excavation or | 22 | | demolition notice, if one exists; | 23 | | (2) the type of damaged underground utility facility; | 24 | | (3) the name of the affected underground utility | 25 | | facility owner, if known; and | 26 | | (4) the location of the damaged underground line at the |
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| 1 | | excavation or demolition site. | 2 | | (Source: P.A. 96-714, eff. 1-1-10.)
| 3 | | (220 ILCS 50/7.5 new) | 4 | | Sec. 7.5. Exposed facility. In the event of any previously | 5 | | unmarked underground utility facility being exposed during | 6 | | excavation or demolition, emergency or nonemergency, the | 7 | | excavator responsible for the excavation or demolition | 8 | | operations shall immediately notify the One-Call Notice | 9 | | System. | 10 | | At a minimum, the notice required under this Section shall | 11 | | provide: | 12 | | (1) a reference to the original excavation or | 13 | | demolition notice, if one exists; | 14 | | (2) the type of exposed underground utility facility; | 15 | | (3) the name of the affected underground utility | 16 | | facility owner, if known; and | 17 | | (4) the location of the exposed underground line at the | 18 | | excavation or demolition site.
| 19 | | (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
| 20 | | Sec. 8. Liability or financial responsibility.
| 21 | | (a) Nothing in this Act shall be deemed to affect or | 22 | | determine
the financial responsibility for any operation under | 23 | | this Act or liability
of any entity or individual person for | 24 | | any damages that occur unless specifically stated otherwise.
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| 1 | | (b) Except for enforcement penalties authorized pursuant | 2 | | to this Act, nothing Nothing in this Act shall be deemed to | 3 | | provide for liability or
financial
responsibility of the | 4 | | Department of Transportation, its officers and
employees | 5 | | concerning any underground utility facility or CATS facility
| 6 | | located on highway right-of-way by permit issued under the | 7 | | provisions of
Section 9-113 of the Illinois Highway Code.
It is | 8 | | not the intent of this Act to change any remedies in law | 9 | | regarding
the duty of providing lateral support.
| 10 | | (c) Neither a the State-Wide One-Call Notice System nor any | 11 | | of its officers,
agents, or employees shall be liable for | 12 | | damages for injuries or death to
persons or damage to property | 13 | | caused by acts or omissions in the receipt,
recording, or | 14 | | transmission of locate requests or other information in the
| 15 | | performance of its duties as the State-Wide One-Call Notice | 16 | | System, unless the
act or omission was the result of willful | 17 | | and wanton misconduct.
| 18 | | (d) Any residential property owner who fails to comply with
| 19 | | any provision of this Act and damages underground utility | 20 | | facilities or CATS
facilities while engaging in excavation or | 21 | | demolition on such residential
property shall not be subject to | 22 | | a penalty under this Act, but shall be
liable for the damage | 23 | | caused to the owner or operator of the damaged
underground | 24 | | utility facilities or CATS facilities .
| 25 | | (Source: P.A. 92-179, eff. 7-1-02.)
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| 1 | | (220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
| 2 | | Sec. 9. Negligence. When it is shown by competent evidence | 3 | | in any action for
damages to underground utility facilities or | 4 | | CATS facilities that such
damages resulted from excavation or | 5 | | demolition and that the excavator person engaged
in such | 6 | | excavation or demolition failed to comply with the provisions | 7 | | of
this Act, that excavator person shall be deemed prima facie | 8 | | guilty of negligence.
| 9 | | When it is shown by competent evidence in any action for | 10 | | damages to excavators
persons , material or equipment brought by | 11 | | persons undertaking excavation or
demolition acting in | 12 | | compliance with the provisions of this Act that such
damages | 13 | | resulted from the failure of owners and operators of | 14 | | underground
facilities or CATS facilities to comply with the | 15 | | provisions of this Act,
those owners and operators shall be | 16 | | deemed prima facie guilty of negligence.
| 17 | | (Source: P.A. 86-674.)
| 18 | | (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
| 19 | | Sec. 10. Record of notice; marking of facilities. | 20 | | (a) Upon notice by the
excavator person engaged in | 21 | | excavation or
demolition , the entity person owning or operating | 22 | | underground utility facilities
in or near the excavation or | 23 | | demolition area shall
cause a written record to be made of the | 24 | | notice and shall mark, within 48
hours of receipt of notice or | 25 | | by the requested date and time indicated on the notice, |
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| 1 | | whichever is later, the
approximate locations of such | 2 | | facilities so as to enable the excavator person excavating
or | 3 | | demolishing to establish the location of the underground | 4 | | utility facilities. | 5 | | (b) Owners and operators of underground sewer facilities
| 6 | | that are located outside the boundaries of a municipality | 7 | | having a population
of at least 1,000,000 inhabitants
shall be | 8 | | required to
respond and mark the approximate location of those | 9 | | sewer facilities when
the excavator indicates, in the notice | 10 | | required in Section 4, that the
excavation or demolition | 11 | | project will exceed a depth of 7 feet. "Depth", in
this
case, | 12 | | is defined as the distance measured vertically from the surface | 13 | | of the
ground to the top of the sewer facility. | 14 | | (c) Owners and operators of underground
sewer
facilities
| 15 | | that are located outside the boundaries of a municipality | 16 | | having a population
of at least 1,000,000 inhabitants
shall be | 17 | | required at all times to locate the approximate location of
| 18 | | those sewer facilities
when: (1) directional
boring is the | 19 | | indicated type of excavation work being performed within the
| 20 | | notice; (2) the underground sewer facilities owned are | 21 | | non-gravity, pressurized
force mains; or (3) the excavation | 22 | | indicated will occur in the immediate
proximity of known
| 23 | | underground sewer facilities that are less than 7 feet deep. | 24 | | (d) Owners or
operators of underground sewer
facilities | 25 | | that are located outside the boundaries of a municipality | 26 | | having a
population
of at least 1,000,000 inhabitants
shall not |
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| 1 | | hold an excavator liable for damages that occur to sewer
| 2 | | facilities that were not required to be marked under this | 3 | | Section, provided
that
prompt notice of the damage is made to | 4 | | the State-Wide One-Call Notice System
and
the utility owner as | 5 | | required in Section 7.
| 6 | | (e) All entities persons subject to the requirements of | 7 | | this Act shall plan and conduct
their work consistent with | 8 | | reasonable business practices. Conditions may exist
making it | 9 | | unreasonable to request that locations be marked within 48 | 10 | | hours or by the requested date and time indicated on the | 11 | | notice, whichever is later. In such situations, the excavator | 12 | | and the owner or operator shall interact in good faith to | 13 | | establish a mutually agreeable date and time for the completion | 14 | | of the locate request. It
is unreasonable to request owners and | 15 | | operators of underground utility
facilities to locate all of | 16 | | their facilities in an affected
area upon
short notice in | 17 | | advance of a large or extensive nonemergency project, or to
| 18 | | request extensive locates in excess of a reasonable excavation | 19 | | or demolition
work schedule, or to request locates under | 20 | | conditions where a repeat request is
likely
to be made because | 21 | | of the passage of time or adverse job conditions.
| 22 | | (f) Owners
and operators of underground utility facilities | 23 | | must
reasonably anticipate seasonal fluctuations in the number | 24 | | of locate requests
and staff accordingly.
| 25 | | (g) If an entity a person owning or operating underground | 26 | | utility facilities receives a notice under this Section but |
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| 1 | | does not own
or operate any underground utility facilities | 2 | | within the
proposed excavation or demolition area described in | 3 | | the notice, that entity person ,
within 48 hours or by the | 4 | | requested date and time indicated on the notice, whichever is | 5 | | later, after receipt
of the notice, shall so notify the | 6 | | excavator person engaged in excavation or demolition
who | 7 | | initiated the notice, unless the person who initiated the | 8 | | notice
expressly waives the right to be notified that no | 9 | | facilities are located within
the excavation or demolition | 10 | | area . | 11 | | (h) The notification by the owner or operator
of
| 12 | | underground utility facilities to the excavator person engaged | 13 | | in
excavation or demolition may be provided in any reasonable | 14 | | manner including,
but not limited to, notification in any one | 15 | | of the following ways: | 16 | | (1) by
face-to-face communication; | 17 | | (2) by phone or phone message; | 18 | | (3) by facsimile or email ; | 19 | | (4) by posting
in the excavation or demolition area; or | 20 | | (5) by marking the excavation or
demolition area. | 21 | | (i) The owner or operator of those facilities has | 22 | | discharged the
owner's or operator's obligation to provide | 23 | | notice under this Section if the
owner or operator attempts to | 24 | | provide notice by one of the following ways: | 25 | | (1) telephone or by facsimile, if
the person has | 26 | | supplied a facsimile number , but is unable to do
so because |
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| 1 | | the excavator person engaged in the excavation or | 2 | | demolition does not answer
his or her telephone and or does | 3 | | not have the ability to receive telephone messages; | 4 | | (2) facsimile, if the excavator has supplied a | 5 | | facsimile number and does not have a facsimile machine in | 6 | | operation to receive the facsimile transmission; or | 7 | | (3) email, if the excavator has supplied an email | 8 | | address and the message is electronically undeliverable an | 9 | | answering machine or answering service
to receive the | 10 | | telephone call or does not have a facsimile machine in | 11 | | operation
to receive the facsimile transmission . | 12 | | If the owner or operator attempts to
provide notice by | 13 | | telephone or by facsimile but receives a busy signal, that
| 14 | | attempt shall not serve to discharge the owner or operator of | 15 | | the obligation to
provide notice under this Section.
| 16 | | A person engaged in excavation or demolition may expressly | 17 | | waive the right
to notification from the owner or operator of | 18 | | underground utility facilities that the owner or operator has | 19 | | no facilities located in the
proposed excavation or demolition | 20 | | area. Waiver of notice is only permissible
in the case of | 21 | | regular or nonemergency locate requests. The waiver must be
| 22 | | made at the time of
the notice to the State-Wide One-Call | 23 | | Notice System. A waiver made under this
Section is not | 24 | | admissible as evidence in any criminal or civil action that may
| 25 | | arise out of, or is in any way related to, the excavation or | 26 | | demolition that is
the subject of the waiver.
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| 1 | | (j) For the purposes of this Act, the following color | 2 | | coding shall be used to mark the approximate location of | 3 | | underground utility facilities by the
underground facility | 4 | | operators who may utilize a combination of flags, stakes, or
| 5 | | and paint as when possible on non-paved surfaces and when dig | 6 | | site and seasonal
conditions warrant . If the approximate
| 7 | | location of an underground utility facility is marked with
| 8 | | stakes or other physical means, the following color coding | 9 | | shall be employed :
| |
10 | | Underground Facility Identification Color |
| |
11 | | Facility Owner or Agent Use Only | |
| |
12 | | Electric Power, Distribution and | | |
13 | | Transmission ........................ | Safety Red | |
14 | | Municipal Electric Systems .............. | Safety Red | |
15 | | Gas Distribution and Transmission ....... | High Visibility Safety | |
16 | | | Yellow | |
17 | | Oil Distribution and Transmission ....... | High Visibility Safety | |
18 | | | Yellow | |
19 | | Telephone and Telegraph Systems ......... | Safety Alert Orange | |
20 | | Community Antenna Television Systems .... | Safety Alert Orange | |
21 | | Water Systems ........................... | Safety Precaution Blue | |
22 | | Sewer Systems ........................... | Safety Green | |
23 | | Non-potable Water and Slurry Lines ...... | Safety Purple |
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| | |
2 | | Temporary Survey ........................ | Safety Pink | |
3 | | Proposed Excavation ..................... | Safety White (Black | |
4 | | | when snow is on the | |
5 | | | ground) |
| 6 | | (Source: P.A. 96-714, eff. 1-1-10.)
| 7 | | (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
| 8 | | Sec. 11. Penalties; liability; fund.
| 9 | | (a) Every excavator person who, while engaging
in | 10 | | excavation or
demolition, wilfully fails to comply with the Act | 11 | | by failing to provide the
notice to the owners or operators of | 12 | | the underground facilities near the excavation or demolition | 13 | | area through the State-Wide
One-Call Notice System as required | 14 | | by Section 4 or 6 of this Act shall be subject to a
penalty of | 15 | | up to $5,000 for each
separate offense and shall be liable for
| 16 | | the damage caused to the owners or operators of the facility. | 17 | | Every excavator person who fails to provide notice and | 18 | | willfully fails to comply with other provisions of this Act | 19 | | shall be subject to additional penalties of up to $2,500 for | 20 | | each separate offense and shall be liable for the damage caused | 21 | | to the owners or operators of the facility.
| 22 | | (b) Every excavator person who has
provided the notice to | 23 | | the owners or operators of the underground utility
facilities |
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| 1 | | in and near the excavation or demolition area
through the | 2 | | State-Wide One-Call Notice System as required by Section 4 or 6 | 3 | | of
this Act, but otherwise wilfully fails to comply with this | 4 | | Act, shall be subject to a
penalty of up to $2,500 for each
| 5 | | separate offense and shall be liable
for the damage caused to | 6 | | the owners or operators of the facility.
| 7 | | (c) Every excavator person who, while engaging in | 8 | | excavation or demolition, has
provided the notice to the owners | 9 | | or operators of the underground utility
facilities in and near | 10 | | the excavation or demolition area
through the State-Wide | 11 | | One-Call Notice System as required by Section 4 or 6 of
this | 12 | | Act, but otherwise, while acting reasonably, damages any | 13 | | underground
utility facilities, shall not be subject to a | 14 | | penalty, but
shall be liable for the damage caused to the | 15 | | owners or operators of the
facility provided the underground | 16 | | utility facility is
properly marked as provided in Section 10 | 17 | | of this Act.
| 18 | | (d) Every excavator person who provides
notice to the | 19 | | owners or operators of the underground utility facilities | 20 | | through the State-Wide One-Call Notice System as a no-show, | 21 | | incomplete, or an emergency locate
request and the locate | 22 | | request is not a no-show, incomplete, or an emergency locate | 23 | | request as defined in Section 2.1.3, 2.1.4, or 2.6 of this Act | 24 | | shall be subject to a penalty of up to $2,500 for each
separate | 25 | | offense.
| 26 | | (e) Owners and operators of underground utility facilities |
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| 1 | | who willfully fail to comply with this Act by a failure to | 2 | | respond or mark the approximate location of an underground | 3 | | utility as required by subsection (h) of Section 4, subsection | 4 | | (a) of Section 6, or Section 10 of this Act after being | 5 | | notified of planned excavation or demolition through the | 6 | | State-Wide One-Call Notice System, shall be subject to a | 7 | | penalty of up to $5,000 for each separate offense. A facility | 8 | | operator will not be subject to a penalty under this Section | 9 | | for failing to properly mark the approximate location of an | 10 | | underground facility if the facility operator responded to the | 11 | | locate request in the timeframes provided by this Act and took | 12 | | reasonable care when locating the underground facility.
| 13 | | (f) As provided in Section 3 of this Act, all owners or | 14 | | operators of
underground utility facilities who fail to join | 15 | | the
State-Wide One-Call Notice System by January 1, 2003 shall | 16 | | be subject to a
penalty of $100 per day for each separate | 17 | | offense. Every day an owner or
operator fails to join the | 18 | | State-Wide One-Call Notice System is a separate
offense. This | 19 | | subsection (f) does not apply to utilities operating facilities
| 20 | | exclusively within the boundaries of a municipality with a
| 21 | | population of at least 1,000,000 persons.
| 22 | | (g) No owner or operator of underground utility facilities | 23 | | shall be subject to a penalty where a
delay in marking or a | 24 | | failure to mark or properly mark the location of an
underground | 25 | | utility is caused by conditions beyond the
reasonable control | 26 | | of such owner or operator.
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| 1 | | (h) Any entity that person who is neither an agent, | 2 | | employee, or authorized locating
contractor of the owner or | 3 | | operator of the underground utility facility
nor an
excavator | 4 | | involved in the excavation or demolition activity that
who
| 5 | | removes, alters, or otherwise damages markings, flags, or | 6 | | stakes used to mark
the
location of an
underground utility | 7 | | other than during the course of the
excavation or demolition | 8 | | for which
the markings were made or before completion of the | 9 | | project shall be subject to
a penalty up to
$1,000 for each | 10 | | separate offense.
| 11 | | (i) (Blank).
| 12 | | (j) The Illinois Commerce Commission shall have the power | 13 | | and jurisdiction
to, and shall, enforce the provisions of this | 14 | | Act. The Illinois Commerce
Commission
may impose | 15 | | administrative penalties as provided in this Section. The | 16 | | Illinois
Commerce Commission may promulgate rules and develop
| 17 | | enforcement policies in the manner provided by the Public | 18 | | Utilities Act in
order to implement compliance with this Act. | 19 | | When a
penalty is warranted, the following criteria shall be | 20 | | used in determining the
magnitude of the penalty:
| 21 | | (1) gravity of noncompliance;
| 22 | | (2) culpability of offender;
| 23 | | (3) history of noncompliance for the 18 months prior to | 24 | | the date of the incident; however, when determining | 25 | | non-compliance , the alleged violator's roles as operator | 26 | | or owner and the entity person engaged in excavating shall |
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| 1 | | be treated separately;
| 2 | | (4) (blank); ability to pay penalty;
| 3 | | (5) show of good faith of offender;
| 4 | | (6) (blank); and ability to continue business; and
| 5 | | (7) other special circumstances.
| 6 | | (k) There is hereby created in the State treasury a special | 7 | | fund to be
known
as the Illinois Underground Utility Facilities | 8 | | Damage Prevention Fund. All
penalties recovered by the Illinois | 9 | | Commerce Commission in any action under this Section shall be | 10 | | paid into the
Fund and shall be distributed annually as a grant | 11 | | to the State-Wide
One-Call Notice System operated by JULIE to | 12 | | be used in safety and informational programs to
reduce the | 13 | | number of incidents of damage to underground utility facilities
| 14 | | in Illinois. The distribution shall be made during
January of | 15 | | each calendar year based on the balance in the Illinois
| 16 | | Underground Utility Facilities Damage Prevention Fund as of | 17 | | December 31 of
the previous calendar year. In all such actions | 18 | | under this Section, the
procedure and rules of evidence shall | 19 | | conform with the Code of Civil
Procedure, and with rules of | 20 | | courts governing civil trials.
| 21 | | (l) The Illinois Commerce Commission shall establish an | 22 | | Advisory
Committee consisting of a representative from each of | 23 | | the following: utility
operator, JULIE, excavator, | 24 | | municipality, and the general public. The Advisory
Committee | 25 | | shall serve as a peer review panel for any contested penalties
| 26 | | resulting from the enforcement of this Act.
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| 1 | | The members of the Advisory Committee shall be immune, | 2 | | individually and
jointly, from civil liability for any act or | 3 | | omission done or made in
performance of their duties while | 4 | | serving as members of such Advisory
Committee, unless the act | 5 | | or omission was the result of willful and wanton
misconduct.
| 6 | | (m) If, after the Advisory Committee has considered a | 7 | | particular contested
penalty and performed its review | 8 | | functions under this Act and the Commission's
rules, there | 9 | | remains a dispute as to whether the Commission should impose a
| 10 | | penalty under this Act, the matter shall proceed in the manner | 11 | | set forth in
Article X of the Public Utilities Act, including | 12 | | the provisions governing
judicial review.
| 13 | | (Source: P.A. 96-714, eff. 1-1-10.)
| 14 | | (220 ILCS 50/11.3)
| 15 | | Sec. 11.3. Emergency telephone system outages; | 16 | | reimbursement. Any excavator person
who negligently damages an | 17 | | underground facility or CATS facility causing an
emergency | 18 | | telephone system outage must reimburse the public safety agency | 19 | | that
provides personnel to answer calls or to maintain or | 20 | | operate an emergency
telephone system during the outage for the | 21 | | agency's costs associated with
answering calls or maintaining | 22 | | or operating the system during the outage. For
the purposes of | 23 | | this Section, "public safety agency" means the same as in
| 24 | | Section 2.02 of the Emergency Telephone System Act.
| 25 | | (Source: P.A. 92-149, eff. 1-1-02.)
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| 1 | | (220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
| 2 | | Sec. 12. Submittal of non-compliance report and | 3 | | enforcement actions timeframes. No action may be brought under | 4 | | Section 11 of this Act unless
commenced within 2 years after | 5 | | the date of violation of this Act.
| 6 | | (Source: P.A. 86-674.)
| 7 | | (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
| 8 | | Sec. 13. Mandamus or injunction. Where public safety or the
| 9 | | preservation
of uninterrupted,
necessary utility service or | 10 | | community antenna television system service is
endangered by | 11 | | any excavator person engaging in excavation or demolition in a
| 12 | | negligent or unsafe manner which has resulted in or is likely | 13 | | to result in
damage to underground utility facilities or CATS | 14 | | facilities or
proposing to use procedures for excavation or | 15 | | demolition which are likely
to result in damage to underground | 16 | | utility facilities or CATS facilities ,
or where the owner or | 17 | | operator of underground utility facilities or CATS
facilities | 18 | | endangers an excavator by willfully failing to respond to a | 19 | | locate
request,
the owner or operator of such facilities or the | 20 | | excavator or the State's
Attorney or the Illinois Commerce | 21 | | Commission at the request of the owner or
operator of such | 22 | | facilities or the excavator may commence an action
in the | 23 | | circuit court for the county in which the excavation or | 24 | | demolition
is occurring or is to occur, or in which the person |
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| 1 | | complained of has his
principal place of business or resides, | 2 | | for the purpose of having such
negligent or unsafe excavation | 3 | | or demolition stopped and prevented or to
compel the marking of | 4 | | underground utilities facilities or CATS facilities ,
either
by | 5 | | mandamus or injunction.
| 6 | | (Source: P.A. 92-179, eff. 7-1-02.)
| 7 | | (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
| 8 | | Sec. 14. Home rule. The regulation of underground utility | 9 | | facilities
and CATS facilities damage prevention, as provided | 10 | | for in this Act, is an
exclusive power and function of the | 11 | | State. A home rule unit may not
regulate underground utility | 12 | | facilities and CATS facilities damage
prevention, as provided | 13 | | for in this Act. All units of local government,
including home | 14 | | rule units that are not municipalities of more than 1,000,000 | 15 | | persons , must comply with the provisions of this Act. To this | 16 | | extent, this
Section is a denial and
limitation of home rule | 17 | | powers and functions under subsection (h) of
Section 6 of | 18 | | Article VII of the Illinois Constitution. A home rule | 19 | | municipality of more than 1,000,000 persons may regulate | 20 | | underground utility facilities and CATS facilities damage | 21 | | prevention.
| 22 | | (Source: P.A. 99-121, eff. 7-23-15.)
| 23 | | (220 ILCS 50/2.1 rep.)
| 24 | | (220 ILCS 50/2.1.9 rep.)
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| | | 10000SB1383sam002 | - 38 - | LRB100 11072 RJF 22398 a |
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| 1 | | (220 ILCS 50/5 rep.)
| 2 | | Section 10. The Illinois Underground Utility Facilities | 3 | | Damage Prevention Act is amended by repealing Sections 2.1, | 4 | | 2.1.9, and 5.".
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