Bill Text: IL SB1570 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides for additional required activities for an excavator who engages in nonemergency excavation or demolition under the Act. Modifies the requirements for an excavator who engages in emergency excavation or demolition under the Act. Provides notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000. Makes conforming and technical changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1570 Detail]

Download: Illinois-2019-SB1570-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1570 Introduced 2/15/2019, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides for additional required activities for an excavator who engages in nonemergency excavation or demolition under the Act. Modifies the requirements for an excavator who engages in emergency excavation or demolition under the Act. Provides notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000. Makes conforming and technical changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by changing Sections 2, 2.1.3,
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,
4, 6, 7, 8, 9, 10, 11, 11.3, 12, 13, and 14 and by adding
Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.12, 2.13, and 7.5 as
follows:
(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
Sec. 2. Definitions. As used in this Act, unless the
context clearly otherwise requires, the terms specified in
Sections 2.1.1 2.1 through 2.13 2.11 have the meanings ascribed
to them in those Sections.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.1.1 new)
Sec. 2.1.1. Excavator. "Excavator" means any person or
legal entity, public or private, that engages in excavation or
demolition work.
(220 ILCS 50/2.1.2 new)
Sec. 2.1.2. Pre-mark. "Pre-mark" means to use white paint,

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stakes, or flags to delineate the work area at the site of the
proposed excavation or demolition area. If visible, an existing
above ground fixed structure may be considered a pre-mark. A
verbal pre-mark is adequate when the scope requested to be
marked is narrow and explicit enough to prevent marking a large
area beyond the actual area of excavation or demolition. If
utilized, physical pre-marking for the area of the planned
excavation or demolition must be accomplished prior to
notifying the One-Call Notice System.
(220 ILCS 50/2.1.3)
Sec. 2.1.3. No show request. "No show request" means a
notice initiated by an excavator through the State-Wide
One-Call Notice System to the owners or operators of
underground utility facilities notified in the prior locate
request that such facility owners or operators, as identified
by the excavator, either failed to mark their facilities or to
communicate their non-involvement with the excavation prior to
the requested dig start date and time.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.4)
Sec. 2.1.4. Incomplete request. "Incomplete request"
means a notice initiated by an excavator through the State-Wide
One-Call Notice System to the owners or operators of
underground utility facilities notified in a prior locate

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request that such facility owners or operators, as identified
by the excavator person excavating, did not completely mark the
entire extent or the entire segment of the proposed excavation,
as identified by the excavator in the prior notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.5)
Sec. 2.1.5. Re-mark request. "Re-mark request" means a
notice initiated by an excavator through the State-Wide
One-Call Notice System to the owners or operators of
underground utility facilities notified in the initial locate
request requesting facility owners or operators to re-mark all
or part of the work area identified in the initial locate
request, because facility markings are becoming or have become
indistinguishable due to factors, including, but not limited
to, weather, fading, construction activity, or vandalism. Only
the affected areas where excavation or demolition is to
continue shall be requested to be re-marked.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.7 new)
Sec. 2.1.7. Normal notice request. "Normal notice request"
means a request for locates that provides no less than 48
hours, but no more than 14 calendar days, advance notice of a
planned excavation or demolition. A normal notice request is
only valid for 28 calendar days from the date of the original

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normal notice, unless a subsequent request for extension, as
described in subsection (g) of Section 4, is made.
(220 ILCS 50/2.1.8 new)
Sec. 2.1.8. One-Call Notice System. "One-Call Notice
System" means JULIE for all excavation or demolition performed
and underground facilities owned outside the jurisdiction of
the city limits of Chicago.
(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
Sec. 2.2. Underground utility facilities. "Underground
utility facilities" or "facilities" means and includes wires,
ducts, fiber optic cable, conduits, pipes, sewers, and cables
and their connected appurtenances existing installed beneath
the surface of the ground and owned or operated by:
(1) a public utility as defined in the Public Utilities
Act;
(2) a municipally owned or mutually owned utility
providing a similar utility service;
(3) a pipeline entity transporting gases, crude oil,
petroleum products, or other hydrocarbon materials within
the State;
(4) a telecommunications carrier as defined in the
Universal Telephone Service Protection Law of 1985, or by a
company described in Section 1 of the Telephone Company
Act;

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(5) a community antenna television system, as defined
in the Illinois Municipal Code or the Counties Code;
(6) a holder, as that term is defined in the Cable and
Video Competition Law of 2007;
(7) any other entity owning or operating underground
facilities that transport generated electrical power to
other utility owners or operators or transport generated
electrical power within the internal electric grid of a
wind turbine generation farm; and
(8) an electric cooperative as defined in the Public
Utilities Act; and .
(9) any other active member of a One-Call Notice
System.
(Source: P.A. 100-863, eff. 8-14-18.)
(220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
Sec. 2.3. Excavation. "Excavation" means any operation in
which earth, rock, or other material in or on the ground is
moved, removed, or otherwise displaced by means of any tools,
power equipment or explosives, and includes, without
limitation, grading, trenching, digging, ditching, drilling,
augering, boring, tunneling, scraping, cable or pipe plowing,
saw cutting when penetrating into the base or subbase of a
paved surface, and driving, but does not include:
(1) farm tillage operations; or
(2) railroad right-of-way maintenance; or operations

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or
(3) coal mining operations regulated under the Federal
Surface Mining Control and Reclamation Act of 1977 or any
State law or rules or regulations adopted under the federal
statute; , or
(4) land surveying operations as defined in the
Illinois Professional Land Surveyor Act of 1989 when not
using power equipment and when prior to manually driving
any pin or rod under this subsection, the intended location
for the pin or rod is hand probed using a round-tipped
probe rod to the depth of the intended excavation; , or
(5) roadway surface milling; or .
(6) manually inserting, without the use of power
equipment, a temporary round-tipped ground or probe rod as
part of underground utility facility locating; or
(7) manually inserting, without the use of power
equipment, a temporary round-tipped probe rod for bar
holing to determine the area of a leaking underground
hazardous gas or liquid facility; or
(8) manually inserting, without the use of power
equipment, a round-tipped ground rod for the purpose of
grounding utility equipment when an emergency exists and no
other ground source is available.
An exclusion to this Section in no way prohibits a
request from being made for the marking of underground
utility facilities.

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(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)
Sec. 2.4. Demolition. "Demolition" means the wrecking,
razing, rending, moving, or removing of a structure by means of
any power tool, power equipment (exclusive of transportation
equipment) or explosives.
(Source: P.A. 86-674.)
(220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)
Sec. 2.5. Damage. "Damage" means the contact or dislocation
of any underground utility facility or CATS facility during
excavation or demolition which necessitates immediate or
subsequent repair by the owner or operator of such facility due
to a weakening or the partial or complete destruction of the
facility, including, but not limited to, the protective
coating, lateral support, cathodic protection, or housing for
the line, device, or facility.
(Source: P.A. 86-674.)
(220 ILCS 50/2.7)
Sec. 2.7. Tolerance zone. "Tolerance zone" means: (i) if
the diameter of the facility is indicated, the distance of
one-half of the known diameter plus 1.5 feet on either side of
the designated center line of the utility marking; (ii) if the
diameter of the facility is not indicated, 1.5 feet on either

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side of the outside edge of the utility marking; or (iii) for
subaqueous facilities, a distance of 10 feet on either side of
the indicated facility. For purposes of this Section,
"subaqueous" means a facility located under a lake, river, or
navigable waterway. The utility markings provided cannot
indicate that the width of the marked facility is any greater
than the actual width of the underground facility. The
tolerance zone shall also apply to visible utility structures,
including, but not limited to, poles with overhead to
underground transitions, pedestals, transformers, meters,
hydrants, and valve boxes; there shall be a 1.5 foot tolerance
zone entirely around such facilities the approximate location
of underground utility facilities or CATS facilities defined as
a strip of land at least 3 feet wide, but not wider than the
width of the underground facility or CATS facility plus 1-1/2
feet on either side of such facility based upon the markings
made by the owner or operator of the facility. Excavation
within the tolerance zone requires extra care and precaution
including, but not limited to, as set forth in Section 4.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/2.8)
Sec. 2.8. Approximate location. "Approximate location"
means the actual location of the marked underground facility
that lies entirely within the tolerance zone a strip of land at
least 3 feet wide, but not wider than the width of the

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underground facility or CATS facility plus 1.5 feet on either
side of the facility.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/2.9)
Sec. 2.9. 48 hours. "48 hours" "Forty-eight hours" means 2
business days beginning at 8 a.m. and ending at 4 p.m.
(exclusive of Saturdays, Sundays, and holidays recognized by
the State-Wide One-Call Notice System or the municipal one-call
notice system). All requests for locates received after 4 p.m.
will be processed as if received at 8 a.m. the next business
day.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.10)
Sec. 2.10. Open cut utility locate. "Open cut utility
locate" means a method of locating underground utility
facilities that requires excavation by the owner, operator, or
agent of the underground facility.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.11)
Sec. 2.11. Roadway surface milling. "Roadway surface
milling" means the removal of a uniform pavement section by
rotomilling, grinding, saw cutting, or other means that does
not penetrate into including the roadway base or subbase.

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(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.12 new)
Sec. 2.12. Damage notification. "Damage notification"
means a notice to the owners or operators that damage to an
underground line has occurred in the area of the excavation or
demolition.
(220 ILCS 50/2.13 new)
Sec. 2.13. Exposed notification. "Exposed notification"
means a notification to the owners or operators that a
previously unmarked underground line has been exposed, but not
damaged.
(220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
Sec. 3. One-Call Notice System membership. The owners or
operators of underground utility facilities are required to be
members of a One-Call Notice System or CATS facilities that are
not currently participants in the State-Wide One-Call Notice
System shall, within 6 months of the effective date of this
Act, join the State-Wide One-Call Notice System. This Section
shall not apply to utilities operating facilities or CATS
facilities exclusively within the boundaries of a municipality
with a population of at least one million persons.
(Source: P.A. 86-674.)

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(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
Sec. 4. Required activities. Every excavator person who
engages in nonemergency excavation or demolition shall:
(a) take reasonable action to inform himself or herself
of the location of any underground utility facilities in
and near the area for which such operation is to be
conducted;
(b) plan the excavation or demolition to avoid or
minimize interference with underground utility facilities
within the tolerance zone by utilizing such precautions
that include, but are not limited to, hand excavation, or
vacuum excavation methods to the depth of the proposed
excavation or demolition, and visually inspecting the
excavation while in progress until clear of the existing
marked facility;
(c) pre-mark in accordance with Section 2.1.2 if
practical, use white paint, flags, stakes, or both, to
outline the dig site;
(d) provide notice not less than 48 hours but no more
than 14 calendar days in advance of the start of the
excavation or demolition 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 or, in the case of nonemergency excavation or
demolition within the boundaries of a municipality of at
least one million persons which operates its own one-call

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notice system, through the one-call notice system which
operates in that municipality.
At a minimum, the notice required under this subsection
(d) shall provide:
(1) the person's name, address, phone number at
which a person can be reached, and if available, a fax
number and email address , if available;
(2) the start date and time of the planned
excavation or demolition;
(3) all counties, cities, or townships, or any
combination thereof, where the proposed excavation or
demolition shall take place;
(4) the address or location at which the excavation
or demolition shall take place;
(5) the type of work, and the and extent and
description of the area where excavation or demolition
is to occur of the work involved; and
(6) the section or quarter sections when the
information in items (1) through (5) of this subsection
(d) does not allow the State-Wide One-Call Notice
System to determine the appropriate excavation or
demolition site. This item (6) does not apply to
residential property owners;
(7) an indication of whether directional boring or
horizontal drilling will be used;
(8) an indication of whether the excavation will

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exceed 7 feet in depth;
(9) an indication of how the proposed excavation or
demolition has been pre-marked as defined in Section
2.1.2; and
(10) the latitude and longitude, if available. The
information specified in items (1) through (9) of this
subsection (d) is still required when providing
latitude and longitude;
(e) provide, during and following excavation or
demolition, such support for existing underground utility
facilities in and near the excavation or demolition area as
may be reasonably necessary for the protection of such
facilities unless otherwise agreed to by the owner or
operator of the underground facility;
(f) backfill all excavations in such manner and with
such materials as may be reasonably necessary for the
protection of existing underground utility facilities in
and near the excavation or demolition area;
(g) after February 29, 2004, when the excavation or
demolition project will extend past 28 calendar days from
the date of the original notice provided under clause (d),
the excavator shall provide a subsequent 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 or, in the case of
excavation or demolition within the boundaries of a

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municipality having a population of at least 1,000,000
inhabitants that operates its own one-call notice system,
through the one-call notice system that operates in that
municipality informing utility owners and operators that
additional time to complete the excavation or demolition
project will be required. The notice will provide the
excavator with an additional 28 calendar days from the date
of the subsequent notification to continue or complete the
excavation or demolition project. The excavator may not
provide a subsequent notice under this Section simply for
the purpose of keeping a prior notice open or valid without
continued excavation occurring within the period of that
subsequent notice;
(h) exercise due care at all times to protect
underground utility facilities. If, after proper
notification through the State-Wide One-Call Notice System
and upon arrival at the site of the proposed excavation,
the excavator observes clear evidence of the presence of an
unmarked or incompletely marked utility in the area of the
proposed excavation, the excavator shall not begin
excavating until all affected facilities have been marked
or 2 hours, whichever is shorter, after an additional call
is made to the State-Wide One-Call Notice System for the
area. The owner or operator of the utility shall respond
within 2 hours of the excavator's call to the State-Wide
One-Call Notice System; and

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(i) when factors, including, but not limited to,
weather, construction activity, or vandalism, at the
excavation site have caused the utility markings to become
faded or indistinguishable, the excavator shall pre-mark
in accordance with Section 2.1.2 and initiate a re-mark
request provide an additional notice through the
State-Wide One-Call Notice System requesting that only the
affected areas where excavation or demolition is to
continue be re-marked. Facility owners or operators must
respond to the notice to re-mark according to the
requirements of Section 10 of this Act.
If upon notice, a facility operator determines there is a
critical facility within the proposed excavation area and the
facility operator desires to have an authorized representative
present during excavation near the critical facility, the
facility operator shall contact the excavator prior to the
requested dig start time provided on the notice to schedule a
date and time for the facility operator to be present when
excavation will occur near the critical facility. All
excavators must comply with the facility operator's request to
be present during excavation near critical facilities. In lieu
of having an authorized representative present, the facility
operator may choose to complete a minimal excavation near the
critical facility to expose its location. However, it is
incumbent on the facility operator to comply with the
excavator's schedule for when excavation will occur near the

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critical facility. For excavation that may be near critical
facilities intermittently during the course of the project, the
excavator shall provide notice to the facility operator not
less than one business day before excavation is expected to be
near the critical facility. Nothing in this Section shall
prohibit an excavator from excavating prudently and carefully
near a critical facility without the facility operator present,
provided the facility operator waives the request to be present
or to complete a minimal excavation exposing the critical
facility or is unable to comply with the excavator's schedule.
Nothing in this Section prohibits the use of any method of
excavation if conducted in a manner that would avoid
interference with underground utility facilities.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
Sec. 6. Emergency excavation or demolition.
(a) Every excavator person who engages in emergency
excavation or demolition outside of the boundaries of a
municipality of at least one million persons which operates its
own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the
emergency work and existing underground utility facilities in
and near the excavation or demolition area, through the
State-Wide One-Call Notice System, and shall notify, as far in
advance as possible, the owners or operators of such

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underground utility facilities in and near the emergency
excavation or demolition area, through the State-Wide One-Call
Notice System. At a minimum, the notice required under this
subsection (a) shall provide:
(1) the person's name, address, and (i) phone number at
which a person can be reached and, if available, a (ii) fax
number and email address , if available;
(2) the start date and time of the planned emergency
excavation or demolition;
(3) the address or location at which the excavation or
demolition will take place; and
(4) the type of work, and the and extent and
description of the area where excavation or demolition is
to occur; and of the work involved.
(5) all counties, cities, or townships, or any
combination thereof, where the emergency excavation or
demolition will take place.
There is a wait time of 2 hours or the date and time
requested on the notice, whichever is longer, after an
emergency locate notification request is made through the
State-Wide One-Call Notice System. If the conditions at the
site dictate an earlier start than the required wait time, it
is the responsibility of the excavator to demonstrate that site
conditions warranted this earlier start time.
Upon notice by the excavator person engaged in emergency
excavation or demolition, the owner or operator of an

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underground utility facility in or near the excavation or
demolition area shall communicate with the excavator person
engaged in emergency excavation or demolition within 2 hours or
by the date and time requested on the notice, whichever is
longer by (1) marking the approximate location of underground
facilities; (2) advising the excavator person excavating that
their underground facilities are not in conflict with the
emergency excavation; or (3) notifying the excavator person
excavating that the owner or operator shall be delayed in
marking because of conditions as referenced in subsection (g)
of Section 11 of this Act.
The notice by the owner or operator to the excavator person
engaged in emergency excavation or demolition may be provided
by phone or phone message or by marking the excavation or
demolition area. The owner or operator has discharged the
owner's or operator's obligation to provide notice under this
Section if the owner or operator attempts to provide notice by
telephone but is unable to do so because the excavator person
engaged in the emergency excavation or demolition does not
answer his or her telephone or does not have an answering
machine, or answering service, or voicemail to receive the
telephone call. If the owner or operator attempts to provide
notice by telephone or by facsimile but receives a busy signal,
that attempt shall not discharge the owner or operator from the
obligation to provide notice under this Section.
(b) (Blank). Every person who engages in emergency

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excavation or demolition within the boundaries of a
municipality of at least one million persons which operates its
own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the
emergency work and existing underground utility facilities in
and near the excavation or demolition area, through the
municipality's one-call notice system, and shall notify, as far
in advance as possible, the owners and operators of underground
utility facilities in and near the emergency excavation or
demolition area, through the municipality's one-call notice
system.
(c) The reinstallation of traffic control devices shall be
deemed an emergency for purposes of this Section.
(d) An open cut utility locate shall be deemed an emergency
for purposes of this Section.
(e) During emergency situations, as described in Section
2.6, where the owner or operator of underground utility
facilities has a widespread situation beyond their equipment or
personnel capabilities to facilitate a timely repair or
correction of the emergency, the facility owner or operator may
utilize subcontractors to facilitate the work without a
separate emergency locate request by the subcontractor.
However, for the purposes of this Act, in such a situation, the
facility owner or operator shall be responsible for the actions
of their subcontractor, unless the subcontractor has obtained
their own notice.

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(f) Emergency notices provided through a One-Call Notice
System shall expire 14 calendar days after the date of the
initial notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
Sec. 7. Damage or dislocation. In the event of any damage
to or dislocation of any underground utility facilities in
connection with any excavation or demolition, emergency or
nonemergency, the excavator person responsible for the
excavation or demolition operations shall immediately notify
the affected utility and the State-Wide One-Call Notice System
and cease excavation in the area of the damage when the damaged
facility is a threat to life or property or if otherwise
required by law or, in the case of damage or dislocation in
connection with any excavation or demolition within the
boundaries of a municipality having a population of at least
1,000,000 inhabitants that operates its own one-call notice
system, notify the affected utility and the one-call notice
system that operates in that municipality. The excavator person
responsible for the excavation or demolition shall not attempt
to repair, clamp, or constrict the damaged utility facility
unless under the supervision or advisement of the utility
facility owner or operator. At no time shall an excavator a
person under this Act be required by a utility facility owner
or operator to attempt to repair, clamp, or constrict a damaged

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utility facility. In the event of any damage to any underground
utility facility that results in the escape of any flammable,
toxic, or corrosive gas or liquid, the excavator person
responsible for the excavation or demolition shall call 9-1-1
and notify authorities of the damage. Owners and operators of
underground utility facilities that are damaged and the
excavator involved shall work in a cooperative and expeditious
manner to repair the affected utility.
At a minimum, the notice required under this Section shall
provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of damaged underground utility facility;
(3) the name of the affected underground utility
facility owner, if known; and
(4) the location of the damaged underground line at the
excavation or demolition site.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7.5 new)
Sec. 7.5. Exposed facility. In the event of any previously
unmarked underground utility facility being exposed during
excavation or demolition, emergency or nonemergency, the
excavator responsible for the excavation or demolition
operations shall immediately notify the One-Call Notice
System.

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At a minimum, the notice required under this Section shall
provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of exposed underground utility facility;
(3) the name of the affected underground utility
facility owner, if known; and
(4) the location of the exposed underground line at the
excavation or demolition site.
(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
Sec. 8. Liability or financial responsibility.
(a) Nothing in this Act shall be deemed to affect or
determine the financial responsibility for any operation under
this Act or liability of any entity or individual person for
any damages that occur unless specifically stated otherwise.
(b) Nothing in this Act shall be deemed to provide for
liability or financial responsibility of the Department of
Transportation, its officers and employees concerning any
underground utility facility or CATS facility located on
highway right-of-way by permit issued under the provisions of
Section 9-113 of the Illinois Highway Code. It is not the
intent of this Act to change any remedies in law regarding the
duty of providing lateral support.
(c) Neither the State-Wide One-Call Notice System nor any
of its officers, agents, or employees shall be liable for

SB1570 - 23 - LRB101 08727 JRG 53814 b
damages for injuries or death to persons or damage to property
caused by acts or omissions in the receipt, recording, or
transmission of locate requests or other information in the
performance of its duties as the State-Wide One-Call Notice
System, unless the act or omission was the result of willful
and wanton misconduct.
(d) Any residential property owner who fails to comply with
any provision of this Act and damages underground utility
facilities or CATS facilities while engaging in excavation or
demolition on such residential property shall not be subject to
a penalty under this Act, but shall be liable for the damage
caused to the owner or operator of the damaged underground
utility facilities or CATS facilities.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
Sec. 9. Negligence. When it is shown by competent evidence
in any action for damages to underground utility facilities or
CATS facilities that such damages resulted from excavation or
demolition and that the excavator person engaged in such
excavation or demolition failed to comply with the provisions
of this Act, that excavator person shall be deemed prima facie
guilty of negligence. When it is shown by competent evidence in
any action for damages to excavators persons, material or
equipment brought by excavators persons undertaking excavation
or demolition acting in compliance with the provisions of this

SB1570 - 24 - LRB101 08727 JRG 53814 b
Act that such damages resulted from the failure of owners and
operators of underground facilities or CATS facilities to
comply with the provisions of this Act, those owners and
operators shall be deemed prima facie guilty of negligence.
(Source: P.A. 86-674.)
(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
Sec. 10. Record of notice; marking of facilities.
(a) Upon notice by the excavator person engaged in
excavation or demolition, the entity person owning or operating
underground utility facilities in or near the excavation or
demolition area shall cause a written record to be made of the
notice and shall mark, within 48 hours of receipt of notice or
by the requested date and time indicated on the notice,
whichever is later, the approximate locations of such
facilities so as to enable the excavator person excavating or
demolishing to establish the location of the underground
utility facilities.
(b) Owners and operators of underground sewer facilities
that are located outside the boundaries of a municipality
having a population of at least 1,000,000 inhabitants shall be
required to respond and mark the approximate location of those
sewer facilities when the excavator indicates, in the notice
required in Section 4, that the excavation or demolition
project will exceed a depth of 7 feet. "Depth", in this case,
is defined as the distance measured vertically from the surface

SB1570 - 25 - LRB101 08727 JRG 53814 b
of the ground to the top of the sewer facility.
(c) Owners and operators of underground sewer facilities
that are located outside the boundaries of a municipality
having a population of at least 1,000,000 inhabitants shall be
required at all times to locate the approximate location of
those sewer facilities when: (1) directional boring is the
indicated type of excavation work being performed within the
notice; (2) the underground sewer facilities owned are
non-gravity, pressurized force mains; or (3) the excavation
indicated will occur in the immediate proximity of known
underground sewer facilities that are less than 7 feet deep.
(d) Owners or operators of underground sewer facilities
that are located outside the boundaries of a municipality
having a population of at least 1,000,000 inhabitants shall not
hold an excavator liable for damages that occur to sewer
facilities that were not required to be marked under this
Section, provided that prompt notice of known the damage is
made to the State-Wide One-Call Notice System and the utility
owner as required in Section 7.
(e) All entities persons subject to the requirements of
this Act shall plan and conduct their work consistent with
reasonable business practices. Conditions may exist making it
unreasonable to request that locations be marked within 48
hours or by the requested date and time indicated on the
notice, whichever is later. In such situations, the excavator
and the owner or operator shall interact in good faith to

SB1570 - 26 - LRB101 08727 JRG 53814 b
establish a mutually agreeable date and time for the completion
of the locate request. It is unreasonable to request owners and
operators of underground utility facilities to locate all of
their facilities in an affected area upon short notice in
advance of a large or extensive nonemergency project, or to
request extensive locates in excess of a reasonable excavation
or demolition work schedule, or to request locates under
conditions where a repeat request is likely to be made because
of the passage of time or adverse job conditions.
(f) Owners and operators of underground utility facilities
must reasonably anticipate seasonal fluctuations in the number
of locate requests and staff accordingly.
(g) If an entity a person owning or operating underground
utility facilities receives a notice under this Section but
does not own or operate any underground utility facilities
within the proposed excavation or demolition area described in
the notice, that entity person, within 48 hours or by the
requested date and time indicated on the notice, whichever is
later, after receipt of the notice, shall so notify the
excavator who initiated the notice person engaged in excavation
or demolition who initiated the notice, unless the person who
initiated the notice expressly waives the right to be notified
that no facilities are located within the excavation or
demolition area.
(h) The notification by the owner or operator of
underground utility facilities to the excavator person engaged

SB1570 - 27 - LRB101 08727 JRG 53814 b
in excavation or demolition may be provided in any reasonable
manner including, but not limited to, notification in any one
of the following ways:
(1) by face-to-face communication;
(2) by phone or phone message;
(3) by facsimile or email;
(4) by posting in the excavation or demolition area; or
(5) by marking the excavation or demolition area.
(i) The owner or operator of those facilities has
discharged the owner's or operator's obligation to provide
notice under this Section if the owner or operator attempts to
provide notice by one of the following ways:
(1) telephone or by facsimile, if the person has
supplied a facsimile number, but is unable to do so because
the excavator person engaged in the excavation or
demolition does not answer his or her telephone and or does
not have the ability to receive telephone messages;
(2) facsimile, if the excavator has supplied a
facsimile number and does not have a facsimile machine in
operation to receive the facsimile transmission; or
(3) email, if the excavator has supplied an email
address and the message is electronically undeliverable an
answering machine or answering service to receive the
telephone call or does not have a facsimile machine in
operation to receive the facsimile transmission.
If the owner or operator attempts to provide notice by

SB1570 - 28 - LRB101 08727 JRG 53814 b
telephone or by facsimile but receives a busy signal, that
attempt shall not serve to discharge the owner or operator of
the obligation to provide notice under this Section.
A person engaged in excavation or demolition may expressly
waive the right to notification from the owner or operator of
underground utility facilities that the owner or operator has
no facilities located in the proposed excavation or demolition
area. Waiver of notice is only permissible in the case of
regular or nonemergency locate requests. The waiver must be
made at the time of the notice to the State-Wide One-Call
Notice System. A waiver made under this Section is not
admissible as evidence in any criminal or civil action that may
arise out of, or is in any way related to, the excavation or
demolition that is the subject of the waiver.
(j) For the purposes of this Act, the following color
coding shall be used to mark the approximate location of
underground utility facilities by the underground facility
operators who may utilize a combination of flags, stakes, or
and paint as when possible on non-paved surfaces and when dig
site and seasonal conditions warrant. If the approximate
location of an underground utility facility is marked with
stakes or other physical means, the following color coding
shall be employed:
Underground Facility Identification Color

SB1570 - 29 - LRB101 08727 JRG 53814 b
Facility Owner or Agent Use Only
Electric Power, Distribution and
Transmission........................ Safety Red
Municipal Electric Systems.............. Safety Red
Gas Distribution and Transmission....... High Visibility Safety
Yellow
Oil Distribution and Transmission....... High Visibility Safety
Yellow
Communication Systems Telephone and
Telegraph Systems. Safety Alert Orange
Community Antenna Television Systems.... Safety Alert Orange
Water Systems........................... Safety Precaution Blue
Sewer Systems........................... Safety Green
Non-potable Water and Slurry Lines...... Safety Purple
Excavator Use Only
Temporary Survey........................ Safety Pink
Proposed Excavation..................... Safety White (Black
when snow is on the
ground)
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
Sec. 11. Penalties; liability; fund.

SB1570 - 30 - LRB101 08727 JRG 53814 b
(a) Every excavator 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 excavator 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 excavator 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 excavator 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

SB1570 - 31 - LRB101 08727 JRG 53814 b
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 excavator person who provides notice to the
owners or operators of the underground utility facilities
through the State-Wide One-Call Notice System as a no-show,
incomplete, or an emergency locate request and the locate
request is not a no-show, incomplete, or an emergency locate
request as defined in Section 2.1.3, 2.1.4, or 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. A facility
operator will not be subject to a penalty under this Section
for failing to properly mark the approximate location of an
underground facility provided that the facility operator
responded to the locate request in the time frames provided by

SB1570 - 32 - LRB101 08727 JRG 53814 b
this Act and took reasonable care when locating the underground
facility.
(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 entity that 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 or demolition activity that 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 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.

SB1570 - 33 - LRB101 08727 JRG 53814 b
(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 (83 Illinois Administrative Code Part
265) 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 non-compliance the alleged violator's roles
as operator or owner and the entity person engaged in
excavating shall be treated separately;
(4) (blank); ability to pay penalty;
(5) show of good faith of offender;
(6) (blank); and 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 by the Illinois
Commerce Commission in any action under this Section shall be

SB1570 - 34 - LRB101 08727 JRG 53814 b
paid into the Fund and shall be distributed annually as a grant
to the State-Wide One-Call Notice System operated by JULIE 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 (1) 2 members of the general
public, with one member having a professional background in the
legal community, and (2) 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

SB1570 - 35 - LRB101 08727 JRG 53814 b
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.)
(220 ILCS 50/11.3)
Sec. 11.3. Emergency telephone system outages;
reimbursement. Any excavator person who negligently damages an
underground facility or CATS facility causing an emergency
telephone system outage must reimburse the public safety agency
that provides personnel to answer calls or to maintain or
operate an emergency telephone system during the outage for the
agency's costs associated with answering calls or maintaining
or operating the system during the outage. For the purposes of
this Section, "public safety agency" means the same as in
Section 2.02 of the Emergency Telephone System Act.
(Source: P.A. 92-149, eff. 1-1-02.)
(220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
Sec. 12. Noncompliance and enforcement action time frames.
No action may be brought under Section 11 of this Act unless
commenced within 2 years after the date of violation of this
Act.
(Source: P.A. 86-674.)

SB1570 - 36 - LRB101 08727 JRG 53814 b
(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
Sec. 13. Mandamus or injunction. Where public safety or the
preservation of uninterrupted, necessary utility service or
community antenna television system service is endangered by
any excavator person engaging in excavation or demolition in a
negligent or unsafe manner which has resulted in or is likely
to result in damage to underground utility facilities or CATS
facilities or proposing to use procedures for excavation or
demolition which are likely to result in damage to underground
utility facilities or CATS facilities, or where the owner or
operator of underground utility facilities or CATS facilities
endangers an excavator by willfully failing to respond to a
locate request, the owner or operator of such facilities or the
excavator or the State's Attorney or the Illinois Commerce
Commission at the request of the owner or operator of such
facilities or the excavator may commence an action in the
circuit court for the county in which the excavation or
demolition is occurring or is to occur, or in which the person
complained of has his principal place of business or resides,
for the purpose of having such negligent or unsafe excavation
or demolition stopped and prevented or to compel the marking of
underground utilities facilities or CATS facilities, either by
mandamus or injunction.
(Source: P.A. 92-179, eff. 7-1-02.)

SB1570 - 37 - LRB101 08727 JRG 53814 b
(220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
Sec. 14. Home rule. The regulation of underground utility
facilities and CATS facilities damage prevention, as provided
for in this Act, is an exclusive power and function of the
State. A home rule unit may not regulate underground utility
facilities and CATS facilities damage prevention, as provided
for in this Act. All units of local government, including home
rule units that are not municipalities of more than 1,000,000
persons, must comply with the provisions of this Act. To this
extent, this Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution. A home rule
municipality of more than 1,000,000 persons may regulate
underground utility facilities and CATS facilities damage
prevention.
(Source: P.A. 99-121, eff. 7-23-15.)
(220 ILCS 50/2.1 rep.)
(220 ILCS 50/2.1.9 rep.)
(220 ILCS 50/5 rep.)
Section 10. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by repealing Sections 2.1,
2.1.9, and 5.
SB1570 - 38 - LRB101 08727 JRG 53814 b
INDEX
Statutes amended in order of appearance
220 ILCS 50/2 from Ch. 111 2/3, par. 1602
220 ILCS 50/2.1.1 new
220 ILCS 50/2.1.2 new
220 ILCS 50/2.1.3
220 ILCS 50/2.1.4
220 ILCS 50/2.1.5
220 ILCS 50/2.1.7 new
220 ILCS 50/2.1.8 new
220 ILCS 50/2.2 from Ch. 111 2/3, par. 1602.2
220 ILCS 50/2.3 from Ch. 111 2/3, par. 1602.3
220 ILCS 50/2.4 from Ch. 111 2/3, par. 1602.4
220 ILCS 50/2.5 from Ch. 111 2/3, par. 1602.5
220 ILCS 50/2.7
220 ILCS 50/2.8
220 ILCS 50/2.9
220 ILCS 50/2.10
220 ILCS 50/2.11
220 ILCS 50/2.12 new
220 ILCS 50/2.13 new
220 ILCS 50/3 from Ch. 111 2/3, par. 1603
220 ILCS 50/4 from Ch. 111 2/3, par. 1604
220 ILCS 50/6 from Ch. 111 2/3, par. 1606
220 ILCS 50/7 from Ch. 111 2/3, par. 1607
SB1570 - 39 - LRB101 08727 JRG 53814 b