220 ILCS 50/11

(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)

(Text of Section before amendment by P.A. 103-614)

Sec. 11. Penalties; liability; fund.

(a) Every person who, while engaging
in excavation or
demolition, wilfully fails to comply with the Act by failing to provide the
notice to the owners or operators of the underground facilities near the excavation or demolition area through the State-Wide
One-Call Notice System as required by Section 4 or 6 of this Act shall be subject to a
penalty of up to $5,000 for each
separate offense and shall be liable for
the damage caused to the owners or operators of the facility. Every person who fails to provide notice and willfully fails to comply with other provisions of this Act shall be subject to additional penalties of up to $2,500 for each separate offense and shall be liable for the damage caused to the owners or operators of the facility.

(b) Every person who has
provided the notice to the owners or operators of the underground utility
facilities in and near the excavation or demolition area
through the State-Wide One-Call Notice System as required by Section 4 or 6 of
this Act, but otherwise wilfully fails to comply with this Act, shall be subject to a
penalty of up to $2,500 for each
separate offense and shall be liable
for the damage caused to the owners or operators of the facility.

(c) Every person who, while engaging in excavation or demolition, has
provided the notice to the owners or operators of the underground utility
facilities in and near the excavation or demolition area
through the State-Wide One-Call Notice System as required by Section 4 or 6 of
this Act, but otherwise, while acting reasonably, damages any underground
utility facilities, shall not be subject to a penalty, but
shall be liable for the damage caused to the owners or operators of the
facility provided the underground utility facility is
properly  marked as provided in Section 10 of this Act.

(d) Every person who provides
notice to the owners or operators of the underground utility facilities through the State-Wide One-Call Notice System as an emergency locate
request and the locate request is not an emergency locate request as defined in
Section 2.6 of this Act shall be subject to a penalty of up to $2,500 for each
separate offense.

(e) Owners and operators of underground utility facilities who willfully fail to comply with this Act by a failure to respond or mark the approximate location of an underground utility as required by subsection (h) of Section 4, subsection (a) of Section  6, or Section 10 of this Act after being notified of planned excavation or demolition through the State-Wide One-Call Notice System, shall be subject to a penalty of up to $5,000 for each separate offense.

(f) As provided in Section 3 of this Act, all owners or operators of
underground utility facilities who fail to join the
State-Wide One-Call Notice System by January 1, 2003 shall be subject to a
penalty of $100 per day for each separate offense. Every day an owner or
operator fails to join the State-Wide One-Call Notice System is a separate
offense.  This subsection (f) does not apply to utilities operating facilities
 exclusively within the boundaries of a municipality with a
population of at least 1,000,000 persons.

(g) No owner or operator of underground utility facilities shall be subject to a penalty where a
delay in marking or a failure to mark or properly mark the location of an
underground utility is caused by conditions beyond the
reasonable control of such owner or operator.

(h) Any person who is neither an agent, employee, or authorized locating
contractor of the owner or operator of the underground utility facility

nor an
excavator involved in the excavation activity
who
removes, alters, or otherwise damages markings, flags, or stakes used to mark
the
location of an
underground utility other than during the course of the
excavation for which
the markings were made or before completion of the project shall be subject to
a penalty up to
$1,000 for each separate offense.

(i) (Blank).

(j) The Illinois Commerce Commission shall have the power and jurisdiction
to, and shall, enforce the provisions of this Act. The Illinois Commerce
Commission
may impose administrative penalties as provided in this Section.  The Illinois
Commerce Commission may promulgate rules and develop
enforcement policies in the manner provided by the Public Utilities Act in
order to implement compliance with this Act. When a
penalty is warranted, the following criteria shall be used in determining the
magnitude of the penalty:

(1) gravity of noncompliance;

(2) culpability of offender;

(3) history of noncompliance for the 18 months prior

to the date of the incident; however, when determining non-compliance the alleged violator's roles as operator or owner and the person engaged in excavating shall be treated separately;

(4) ability to pay penalty;

(5) show of good faith of offender;

(6) ability to continue business; and

(7) other special circumstances.

(k) There is hereby created in the State treasury a special fund to be
known
as the Illinois Underground Utility Facilities Damage Prevention Fund.  All
penalties recovered in any action under this Section shall be paid into the
Fund and shall be distributed annually as a grant to the State-Wide
One-Call Notice System to be used in safety and informational programs to
reduce the number of incidents of damage to underground utility facilities
 in Illinois.  The distribution shall be made during
January of each calendar year based on the balance in the Illinois
Underground Utility Facilities Damage Prevention Fund as of December 31 of
the previous calendar year.  In all such actions under this Section, the
procedure and rules of evidence shall conform with the Code of Civil
Procedure, and with rules of courts governing civil trials.

(l) The Illinois Commerce Commission shall establish an Advisory
Committee consisting of a representative from each of the following: utility
operator, JULIE, excavator, municipality, and the general public. The Advisory
Committee shall serve as a peer review panel for any contested penalties
resulting from the enforcement of this Act.

The members of the Advisory Committee shall be immune, individually and
jointly, from civil liability for any act or omission done or made in
performance of their duties while serving as members of such Advisory
Committee, unless the act or omission was the result of willful and wanton
misconduct.

(m) If, after the Advisory Committee has considered a particular contested
penalty and performed its review functions under this Act and the Commission's
rules, there remains a dispute as to whether the Commission should impose a
penalty under this Act, the matter shall proceed in the manner set forth in
Article X of the Public Utilities Act, including the provisions governing
judicial review.

(Source: P.A. 96-714, eff. 1-1-10.)

    (Text of Section after amendment by P.A. 103-614)
    Sec. 11. Penalties; liability; fund.

(a) Every excavator who, while engaging in excavation or demolition, willfully fails to comply with the Act by failing to provide the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4, 5, or 6 of this Act shall be subject to a penalty of not more than $5,000 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators. Every excavator who fails to provide notice and willfully fails to comply with other provisions of this Act shall be subject to additional penalties of not more than $2,500 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators.

(b) Every excavator who has provided the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4 or 6 of this Act, but otherwise willfully fails to comply with this Act, shall be subject to a penalty of not more than $2,500 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators.

(c) Every excavator who, while engaging in excavation or demolition, has provided the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4 or 6 of this Act, but otherwise, while acting reasonably, damages any facilities, shall not be subject to a penalty, but shall be liable for the damage caused to the underground utility facility owners or operators provided the facility is properly marked as provided in Section 10 of this Act.

(d) Every excavator who provides notice to the underground utility facility owners or operators through JULIE as a no show, incomplete, or an emergency request and the request is not a no show, incomplete, or an emergency request shall be subject to a penalty of not more than $2,500 for each separate offense.

(e) Underground utility facility owners or operators who willfully fail to comply with this Act, unless otherwise stated in this Section, shall be subject to a penalty of not more than $2,500 for each separate offense. A failure to respond or mark the approximate location of facilities by the dig start date and time on the notice as required by subsection (h) of Section 4, subsection (c) of Section 6, or Section 10 of this Act after being notified of planned or emergency excavation or demolition through JULIE, shall be subject to a penalty of not more than $5,000 for each separate offense.

(1) Underground utility facility owners or operators

who fail to provide a response to the positive response system by the dig start date and time on the notice, as required in subsection (b) of Section 5.1, on more than 10% of their weekly required responses for 4 or more consecutive weeks, shall be subject to a penalty of not more than $250 for each separate offense.

(2) Underground utility facility owners or operators

shall not be subject to a penalty where a delay in responding through the positive response system is caused by conditions beyond the reasonable control of such underground utility facility owners or operators.

(f) As provided in Section 3 of this Act, all underground utility facility owners or operators who fail to join JULIE by January 1, 2003 shall be subject to a penalty of $100 per day for each separate offense. Every day an underground utility facility owner or operator fails to join JULIE is a separate offense.

(g) No underground utility facility owner or operator shall be subject to a penalty where a delay in marking or a failure to mark or properly mark the location of a facility is caused by conditions beyond the reasonable control of such underground utility facility owner or operator. It is the responsibility of the underground utility facility owners or operators to demonstrate how the condition affected their ability to respond and caused it to become beyond the reasonable control.

Each underground utility facility owner or operator shall staff in a manner that such underground utility facility owner or operator can respond by the dig start date and time on the notices within the underground utility facility owner's or operator's reasonable control.

(h) Any entity that is neither an agent, employee, or authorized locating contractor of the underground utility facility owner or operator nor an excavator involved in the excavation or demolition activity that removes, alters, or otherwise damages markings, flags, lathe with color ribbon, chalk, whiskers, or paint used to mark the location of facilities other than during the course of the excavation or demolition for which the markings were made or before completion of the project shall be subject to a penalty up to $1,000 for each separate offense.

(i) (Blank).

(i-5) All parties who submit alleged violations to the Illinois Commerce Commission shall use the forms provided and should submit not later than 65 days after the discovery of the alleged violation. Any alleged violation submission received after the 65-day period shall be subject to a penalty of not more than $500 but not less than $100 per occurrence. Excavators shall not be subject to a penalty under this subsection when their decision to submit an alleged violation form later than the 65-day period is a result of receiving a damage claim from an underground utility facility owner or operator after the expiration of the excavator's 65-day period for submitting an alleged violation.

(j) The Illinois Commerce Commission shall have the power and jurisdiction to, and shall, enforce the provisions of this Act. The Illinois Commerce Commission may impose administrative penalties as provided in this Section. The Illinois Commerce Commission may promulgate rules and develop enforcement policies in the manner provided by the Public Utilities Act in order to implement compliance with this Act. When a penalty is warranted, the following criteria shall be used in determining the magnitude of the penalty:

        (1) gravity of noncompliance;
        (2) culpability of offender;
        (3) history of noncompliance for the 18 months prior

to the date of the incident; however, when determining noncompliance the alleged violator's roles as underground utility facility operator or owner and the excavator shall be treated separately;

        (4) (blank);
        (5) show of good faith of offender;
        (6) (blank); and
        (7) other special circumstances.

(k) There is hereby created in the State treasury a special fund to be known as the Illinois Underground Utility Facilities Damage Prevention Fund. All penalties recovered by the Illinois Commerce Commission in any action under this Section shall be paid into the Fund and shall be distributed annually as a grant to JULIE to be used in safety and informational programs to reduce the number of incidents of damage to facilities in Illinois. The distribution shall be made during January of each calendar year based on the balance in the Illinois Underground Utility Facilities Damage Prevention Fund as of December 31 of the previous calendar year. In all such actions under this Section, the procedure and rules of evidence shall conform with the Code of Civil Procedure, and with rules of courts governing civil trials.

(l) The Illinois Commerce Commission shall establish an Advisory Committee consisting of a representative from each of the following: utility operator, excavator, municipality, the general public, and a nonmunicipal public body. The Advisory Committee shall serve as a peer review panel for any contested penalties resulting from the enforcement of this Act.

The members of the Advisory Committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of such Advisory Committee, unless the act or omission was the result of willful and wanton misconduct.

(m) If, after the Advisory Committee has considered a particular contested penalty and performed its review functions under this Act and the Illinois Commerce Commission's rules, there remains a dispute as to whether the Illinois Commerce Commission should impose a penalty under this Act, the matter shall proceed in the manner set forth in Article X of the Public Utilities Act, including the provisions governing judicial review.

(Source: P.A. 103-614, eff. 1-1-25.)