|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1570 Introduced 2/15/2019, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
|
| |
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.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | SB1570 | | LRB101 08727 JRG 53814 b |
|
|
| 1 | | AN ACT concerning regulation.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Underground Utility Facilities |
| 5 | | Damage Prevention Act is amended by changing Sections 2, 2.1.3, |
| 6 | | 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, |
| 7 | | 4, 6, 7, 8, 9, 10, 11, 11.3, 12, 13, and 14 and by adding |
| 8 | | Sections 2.1.1, 2.1.2, 2.1.7, 2.1.8, 2.12, 2.13, and 7.5 as |
| 9 | | follows:
|
| 10 | | (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
|
| 11 | | Sec. 2. Definitions. As used in this Act, unless the |
| 12 | | context clearly
otherwise
requires, the terms specified in |
| 13 | | Sections 2.1.1 2.1 through 2.13 2.11 have the
meanings
ascribed |
| 14 | | to them in those Sections.
|
| 15 | | (Source: P.A. 94-623, eff. 8-18-05.)
|
| 16 | | (220 ILCS 50/2.1.1 new) |
| 17 | | Sec. 2.1.1. Excavator. "Excavator" means any person or |
| 18 | | legal entity, public or private, that engages in excavation or |
| 19 | | demolition work.
|
| 20 | | (220 ILCS 50/2.1.2 new) |
| 21 | | Sec. 2.1.2. Pre-mark. "Pre-mark" means to use white paint, |
|
| | SB1570 | - 2 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | stakes, or flags to delineate the work area at the site of the |
| 2 | | proposed excavation or demolition area. If visible, an existing |
| 3 | | above ground fixed structure may be considered a pre-mark. A |
| 4 | | verbal pre-mark is adequate when the scope requested to be |
| 5 | | marked is narrow and explicit enough to prevent marking a large |
| 6 | | area beyond the actual area of excavation or demolition. If |
| 7 | | utilized, physical pre-marking for the area of the planned |
| 8 | | excavation or demolition must be accomplished prior to |
| 9 | | notifying the One-Call Notice System.
|
| 10 | | (220 ILCS 50/2.1.3)
|
| 11 | | Sec. 2.1.3. No show request. "No show request" means a |
| 12 | | notice initiated by an excavator through the State-Wide |
| 13 | | One-Call Notice System to the owners or operators of |
| 14 | | underground utility facilities notified in the prior locate |
| 15 | | request that such facility owners or operators, as identified |
| 16 | | by the excavator, either failed to mark their facilities or to |
| 17 | | communicate their non-involvement with the excavation prior to |
| 18 | | the requested dig start date and time.
|
| 19 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 20 | | (220 ILCS 50/2.1.4)
|
| 21 | | Sec. 2.1.4. Incomplete request. "Incomplete request" |
| 22 | | means a notice initiated by an excavator through the State-Wide |
| 23 | | One-Call Notice System to the owners or operators of |
| 24 | | underground utility facilities notified in a prior locate |
|
| | SB1570 | - 3 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | request that such facility owners or operators, as identified |
| 2 | | by the excavator person excavating, did not completely mark the |
| 3 | | entire extent or the entire segment of the proposed excavation, |
| 4 | | as identified by the excavator in the prior notice.
|
| 5 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 6 | | (220 ILCS 50/2.1.5)
|
| 7 | | Sec. 2.1.5. Re-mark request. "Re-mark request" means a |
| 8 | | notice initiated by an excavator through the State-Wide |
| 9 | | One-Call Notice System to the owners or operators of |
| 10 | | underground utility facilities notified in the initial locate |
| 11 | | request requesting facility owners or operators to re-mark all |
| 12 | | or part of the work area identified in the initial locate |
| 13 | | request, because facility markings are becoming or have become |
| 14 | | indistinguishable due to factors, including, but not limited |
| 15 | | to, weather, fading, construction activity, or vandalism. Only |
| 16 | | the affected areas where excavation or demolition is to |
| 17 | | continue shall be requested to be re-marked.
|
| 18 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 19 | | (220 ILCS 50/2.1.7 new) |
| 20 | | Sec. 2.1.7. Normal notice request. "Normal notice request" |
| 21 | | means a request for locates that provides no less than 48 |
| 22 | | hours, but no more than 14 calendar days, advance notice of a |
| 23 | | planned excavation or demolition. A normal notice request is |
| 24 | | only valid for 28 calendar days from the date of the original |
|
| | SB1570 | - 4 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | normal notice, unless a subsequent request for extension, as |
| 2 | | described in subsection (g) of Section 4, is made.
|
| 3 | | (220 ILCS 50/2.1.8 new) |
| 4 | | Sec. 2.1.8. One-Call Notice System. "One-Call Notice |
| 5 | | System" means JULIE for all excavation or demolition performed |
| 6 | | and underground facilities owned outside the jurisdiction of |
| 7 | | the city limits of Chicago.
|
| 8 | | (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
|
| 9 | | Sec. 2.2. Underground utility facilities. "Underground |
| 10 | | utility facilities" or "facilities" means and includes wires, |
| 11 | | ducts, fiber optic cable, conduits, pipes, sewers, and cables |
| 12 | | and their connected appurtenances existing installed beneath |
| 13 | | the surface of the ground and owned or operated by: |
| 14 | | (1) a public utility as defined in the Public Utilities |
| 15 | | Act; |
| 16 | | (2) a municipally owned or mutually owned utility |
| 17 | | providing a similar utility service; |
| 18 | | (3) a pipeline entity transporting gases, crude oil, |
| 19 | | petroleum products, or other hydrocarbon materials within |
| 20 | | the State; |
| 21 | | (4) a telecommunications carrier as defined in the |
| 22 | | Universal Telephone Service Protection Law of 1985, or by a |
| 23 | | company described in Section 1 of the Telephone Company |
| 24 | | Act; |
|
| | SB1570 | - 5 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (5) a community antenna television system, as defined |
| 2 | | in the Illinois Municipal Code or the Counties Code; |
| 3 | | (6) a holder, as that term is defined in the Cable and |
| 4 | | Video Competition Law of 2007; |
| 5 | | (7) any other entity owning or operating underground |
| 6 | | facilities that transport generated electrical power to |
| 7 | | other utility owners or operators or transport generated |
| 8 | | electrical power within the internal electric grid of a |
| 9 | | wind turbine generation farm; and |
| 10 | | (8) an electric cooperative as defined in the Public |
| 11 | | Utilities Act; and .
|
| 12 | | (9) any other active member of a One-Call Notice |
| 13 | | System. |
| 14 | | (Source: P.A. 100-863, eff. 8-14-18.)
|
| 15 | | (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
|
| 16 | | Sec. 2.3. Excavation. "Excavation" means any operation in |
| 17 | | which earth,
rock, or
other material in or on the ground is |
| 18 | | moved, removed, or otherwise
displaced by means of any tools, |
| 19 | | power equipment or explosives, and
includes, without |
| 20 | | limitation, grading, trenching, digging, ditching,
drilling, |
| 21 | | augering, boring, tunneling, scraping, cable or pipe plowing, |
| 22 | | saw cutting when penetrating into the base or subbase of a |
| 23 | | paved surface, and
driving,
but does not include: |
| 24 | | (1) farm tillage operations; or |
| 25 | | (2) railroad right-of-way
maintenance; or operations |
|
| | SB1570 | - 6 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | or |
| 2 | | (3) coal mining operations regulated under the
Federal |
| 3 | | Surface Mining Control and Reclamation Act of 1977 or any |
| 4 | | State law
or rules or regulations adopted under the federal |
| 5 | | statute; , or |
| 6 | | (4) land
surveying operations as defined in the |
| 7 | | Illinois Professional Land Surveyor
Act of 1989 when not |
| 8 | | using power equipment and when prior to manually driving |
| 9 | | any pin or rod under this subsection, the intended location |
| 10 | | for the pin or rod is hand probed using a round-tipped |
| 11 | | probe rod to the depth of the intended excavation; , or |
| 12 | | (5) roadway surface milling; or .
|
| 13 | | (6) manually inserting, without the use of power |
| 14 | | equipment, a temporary round-tipped ground or probe rod as |
| 15 | | part of underground utility facility locating; or |
| 16 | | (7) manually inserting, without the use of power |
| 17 | | equipment, a temporary round-tipped probe rod for bar |
| 18 | | holing to determine the area of a leaking underground |
| 19 | | hazardous gas or liquid facility; or |
| 20 | | (8) manually inserting, without the use of power |
| 21 | | equipment, a round-tipped ground rod for the purpose of |
| 22 | | grounding utility equipment when an emergency exists and no |
| 23 | | other ground source is available. |
| 24 | | An exclusion to this Section in no way prohibits a |
| 25 | | request from being made for the marking of underground |
| 26 | | utility facilities. |
|
| | SB1570 | - 7 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (Source: P.A. 94-623, eff. 8-18-05.)
|
| 2 | | (220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)
|
| 3 | | Sec. 2.4. Demolition. "Demolition" means the wrecking, |
| 4 | | razing, rending, moving,
or removing of a structure by means of |
| 5 | | any power tool, power
equipment (exclusive of transportation |
| 6 | | equipment) or explosives.
|
| 7 | | (Source: P.A. 86-674.)
|
| 8 | | (220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)
|
| 9 | | Sec. 2.5. Damage. "Damage" means the contact or dislocation |
| 10 | | of any underground
utility facility or CATS facility during |
| 11 | | excavation or demolition which
necessitates immediate or |
| 12 | | subsequent repair by the owner or operator of such facility due |
| 13 | | to a weakening or the partial or complete destruction of the |
| 14 | | facility, including, but not limited to, the protective |
| 15 | | coating, lateral support, cathodic protection, or housing for |
| 16 | | the line, device, or facility.
|
| 17 | | (Source: P.A. 86-674.)
|
| 18 | | (220 ILCS 50/2.7)
|
| 19 | | Sec. 2.7. Tolerance zone. "Tolerance zone" means: (i) if |
| 20 | | the diameter of the facility is indicated, the distance of |
| 21 | | one-half of the known diameter plus 1.5 feet on either side of |
| 22 | | the designated center line of the utility marking; (ii) if the |
| 23 | | diameter of the facility is not indicated, 1.5 feet on either |
|
| | SB1570 | - 8 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | side of the outside edge of the utility marking; or (iii) for |
| 2 | | subaqueous facilities, a distance of 10 feet on either side of |
| 3 | | the indicated facility. For purposes of this Section, |
| 4 | | "subaqueous" means a facility located under a lake, river, or |
| 5 | | navigable waterway. The utility markings provided cannot |
| 6 | | indicate that the width of the marked facility is any greater |
| 7 | | than the actual width of the underground facility. The |
| 8 | | tolerance zone shall also apply to visible utility structures, |
| 9 | | including, but not limited to, poles with overhead to |
| 10 | | underground transitions, pedestals, transformers, meters, |
| 11 | | hydrants, and valve boxes; there shall be a 1.5 foot tolerance |
| 12 | | zone entirely around such facilities the approximate location
|
| 13 | | of underground
utility facilities
or CATS facilities defined as |
| 14 | | a strip of land at least 3 feet wide, but not
wider than the |
| 15 | | width of
the underground facility or CATS facility plus 1-1/2 |
| 16 | | feet on either side of
such facility based upon the markings |
| 17 | | made by the owner or operator of the
facility.
Excavation |
| 18 | | within the tolerance zone requires extra care and precaution
|
| 19 | | including, but not
limited to, as set forth in Section 4.
|
| 20 | | (Source: P.A. 92-179, eff. 7-1-02.)
|
| 21 | | (220 ILCS 50/2.8)
|
| 22 | | Sec. 2.8. Approximate location. "Approximate location" |
| 23 | | means the actual location of the marked underground facility |
| 24 | | that lies entirely within the tolerance zone a strip of
land at |
| 25 | | least 3 feet wide, but not wider than the width of the |
|
| | SB1570 | - 9 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | underground
facility or CATS facility plus 1.5 feet on either |
| 2 | | side of the facility.
|
| 3 | | (Source: P.A. 92-179, eff. 7-1-02.)
|
| 4 | | (220 ILCS 50/2.9) |
| 5 | | Sec. 2.9. 48 hours. "48 hours" "Forty-eight hours" means 2 |
| 6 | | business days beginning at 8 a.m. and ending at 4 p.m. |
| 7 | | (exclusive of Saturdays, Sundays, and holidays recognized by |
| 8 | | the State-Wide One-Call Notice System or the municipal one-call |
| 9 | | notice system). All requests for locates received after 4 p.m. |
| 10 | | will be processed as if received at 8 a.m. the next business |
| 11 | | day.
|
| 12 | | (Source: P.A. 94-623, eff. 8-18-05.)
|
| 13 | | (220 ILCS 50/2.10) |
| 14 | | Sec. 2.10. Open cut utility locate. "Open cut utility |
| 15 | | locate" means a method of locating underground utility |
| 16 | | facilities that requires excavation by the owner, operator, or |
| 17 | | agent of the underground facility.
|
| 18 | | (Source: P.A. 94-623, eff. 8-18-05.)
|
| 19 | | (220 ILCS 50/2.11)
|
| 20 | | Sec. 2.11. Roadway surface milling. "Roadway surface |
| 21 | | milling" means the removal of a uniform pavement section by |
| 22 | | rotomilling, grinding, saw cutting, or other means that does |
| 23 | | not penetrate into including the roadway base or subbase.
|
|
| | SB1570 | - 10 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (Source: P.A. 94-623, eff. 8-18-05.)
|
| 2 | | (220 ILCS 50/2.12 new) |
| 3 | | Sec. 2.12. Damage notification. "Damage notification" |
| 4 | | means a notice to the owners or operators that damage to an |
| 5 | | underground line has occurred in the area of the excavation or |
| 6 | | demolition.
|
| 7 | | (220 ILCS 50/2.13 new) |
| 8 | | Sec. 2.13. Exposed notification. "Exposed notification" |
| 9 | | means a notification to the owners or operators that a |
| 10 | | previously unmarked underground line has been exposed, but not |
| 11 | | damaged.
|
| 12 | | (220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
|
| 13 | | Sec. 3. One-Call Notice System membership. The owners or |
| 14 | | operators of underground utility facilities are required to be |
| 15 | | members of a One-Call Notice System
or CATS facilities that are |
| 16 | | not currently participants in the State-Wide
One-Call Notice |
| 17 | | System shall, within 6 months of the effective date of this
|
| 18 | | Act, join the State-Wide One-Call Notice System. This Section |
| 19 | | shall not
apply to utilities operating facilities or CATS |
| 20 | | facilities exclusively
within the boundaries of a municipality |
| 21 | | with a population of at least one
million persons.
|
| 22 | | (Source: P.A. 86-674.)
|
|
| | SB1570 | - 11 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
|
| 2 | | Sec. 4. Required activities. Every excavator person who |
| 3 | | engages in nonemergency
excavation or
demolition shall:
|
| 4 | | (a) take reasonable action to inform himself or herself |
| 5 | | of the
location of any underground utility facilities in |
| 6 | | and
near the area for which such operation is to be |
| 7 | | conducted;
|
| 8 | | (b) plan the excavation or demolition to avoid or |
| 9 | | minimize interference with
underground utility facilities |
| 10 | | within the tolerance zone
by utilizing such precautions |
| 11 | | that include, but are not limited to, hand
excavation, or |
| 12 | | vacuum excavation methods to the depth of the proposed |
| 13 | | excavation or demolition, and visually inspecting the |
| 14 | | excavation
while in progress until clear of the existing |
| 15 | | marked facility;
|
| 16 | | (c) pre-mark in accordance with Section 2.1.2 if |
| 17 | | practical, use white paint, flags, stakes, or both, to |
| 18 | | outline the
dig site;
|
| 19 | | (d) provide notice not less than 48 hours
but no more |
| 20 | | than 14 calendar days in
advance of the start of the
|
| 21 | | excavation or demolition to the owners or operators of the |
| 22 | | underground
utility facilities in and near the excavation |
| 23 | | or
demolition area through the State-Wide One-Call Notice |
| 24 | | System or, in the
case of nonemergency excavation or |
| 25 | | demolition within the boundaries of a
municipality of at |
| 26 | | least one million persons which operates its own
one-call |
|
| | SB1570 | - 12 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | notice system, through the one-call notice system which |
| 2 | | operates
in that municipality. |
| 3 | | At a minimum, the notice required under this subsection |
| 4 | | (d) shall provide: |
| 5 | | (1) the person's name, address, phone number at |
| 6 | | which a person can be reached, and if available, a fax |
| 7 | | number and email address , if available; |
| 8 | | (2) the start date and time of the planned |
| 9 | | excavation or demolition; |
| 10 | | (3) all counties, cities, or townships, or any |
| 11 | | combination thereof, where the proposed excavation or |
| 12 | | demolition shall take place; |
| 13 | | (4) the address or location at which the excavation |
| 14 | | or demolition shall take place; |
| 15 | | (5) the type of work, and the and extent and |
| 16 | | description of the area where excavation or demolition |
| 17 | | is to occur of the work involved; and |
| 18 | | (6) the section or quarter sections when the |
| 19 | | information in items (1) through (5) of this subsection |
| 20 | | (d) does not allow the State-Wide One-Call Notice |
| 21 | | System to determine the appropriate excavation or |
| 22 | | demolition site. This item (6) does not apply to |
| 23 | | residential property owners;
|
| 24 | | (7) an indication of whether directional boring or |
| 25 | | horizontal drilling will be used; |
| 26 | | (8) an indication of whether the excavation will |
|
| | SB1570 | - 13 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | exceed 7 feet in depth; |
| 2 | | (9) an indication of how the proposed excavation or |
| 3 | | demolition has been pre-marked as defined in Section |
| 4 | | 2.1.2; and |
| 5 | | (10) the latitude and longitude, if available. The |
| 6 | | information specified in items (1) through
(9) of this |
| 7 | | subsection (d) is still required when providing |
| 8 | | latitude and longitude; |
| 9 | | (e) provide, during and following excavation or |
| 10 | | demolition,
such support for
existing underground utility |
| 11 | | facilities in and near the
excavation or demolition area as |
| 12 | | may be reasonably necessary for the protection
of such |
| 13 | | facilities unless otherwise agreed to by the owner or |
| 14 | | operator of the
underground facility;
|
| 15 | | (f) backfill all excavations in such manner and with |
| 16 | | such
materials as may
be reasonably necessary for the |
| 17 | | protection of existing underground utility
facilities in |
| 18 | | and near the excavation or demolition area;
|
| 19 | | (g) after February 29, 2004, when the excavation or |
| 20 | | demolition project
will extend past 28 calendar days from |
| 21 | | the date of the original notice provided
under clause (d), |
| 22 | | the excavator shall provide a subsequent notice to the |
| 23 | | owners
or operators of the underground utility facilities |
| 24 | | in and
near the excavation or demolition area through the |
| 25 | | State-Wide One-Call Notice
System
or, in the case of |
| 26 | | excavation or demolition within the boundaries of a
|
|
| | SB1570 | - 14 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | municipality having a population of at least 1,000,000 |
| 2 | | inhabitants that
operates its own one-call
notice system, |
| 3 | | through the one-call notice system that operates in that
|
| 4 | | municipality
informing utility owners and operators that |
| 5 | | additional time to complete
the excavation or demolition |
| 6 | | project will be required. The notice will provide
the |
| 7 | | excavator with an additional 28 calendar days from the date |
| 8 | | of the
subsequent notification to continue or complete the |
| 9 | | excavation or demolition
project. The excavator may not |
| 10 | | provide a subsequent notice under this Section simply for |
| 11 | | the purpose of keeping a prior notice open or valid without |
| 12 | | continued excavation occurring within the period of that |
| 13 | | subsequent notice;
|
| 14 | | (h) exercise due care at all times to protect |
| 15 | | underground utility facilities. If, after proper |
| 16 | | notification through the State-Wide One-Call Notice System |
| 17 | | and upon arrival at the site of the proposed excavation, |
| 18 | | the excavator observes clear evidence of the presence of an |
| 19 | | unmarked or incompletely marked utility in the area of the |
| 20 | | proposed excavation, the excavator shall not begin |
| 21 | | excavating until all affected facilities have been marked |
| 22 | | or 2 hours, whichever is shorter, after an additional call |
| 23 | | is made to the State-Wide One-Call Notice System for the |
| 24 | | area. The owner or operator of the utility shall respond |
| 25 | | within 2 hours of the excavator's call to the State-Wide |
| 26 | | One-Call Notice System; and |
|
| | SB1570 | - 15 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (i) when factors, including, but not limited to, |
| 2 | | weather, construction activity, or vandalism, at the |
| 3 | | excavation site have caused the utility markings to become |
| 4 | | faded or indistinguishable, the excavator shall pre-mark |
| 5 | | in accordance with Section 2.1.2 and initiate a re-mark |
| 6 | | request provide an additional notice through the |
| 7 | | State-Wide One-Call Notice System requesting that only the |
| 8 | | affected areas where excavation or demolition is to |
| 9 | | continue be re-marked. Facility owners or operators must |
| 10 | | respond to the notice to re-mark according to the |
| 11 | | requirements of Section 10 of this Act.
|
| 12 | | If upon notice, a facility operator determines there is a |
| 13 | | critical facility within the proposed excavation area and the |
| 14 | | facility operator desires to have an authorized representative |
| 15 | | present during excavation near the critical facility, the |
| 16 | | facility operator shall contact the excavator prior to the |
| 17 | | requested dig start time provided on the notice to schedule a |
| 18 | | date and time for the facility operator to be present when |
| 19 | | excavation will occur near the critical facility. All |
| 20 | | excavators must comply with the facility operator's request to |
| 21 | | be present during excavation near critical facilities. In lieu |
| 22 | | of having an authorized representative present, the facility |
| 23 | | operator may choose to complete a minimal excavation near the |
| 24 | | critical facility to expose its location. However, it is |
| 25 | | incumbent on the facility operator to comply with the |
| 26 | | excavator's schedule for when excavation will occur near the |
|
| | SB1570 | - 16 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | critical facility. For excavation that may be near critical |
| 2 | | facilities intermittently during the course of the project, the |
| 3 | | excavator shall provide notice to the facility operator not |
| 4 | | less than one business day before excavation is expected to be |
| 5 | | near the critical facility. Nothing in this Section shall |
| 6 | | prohibit an excavator from excavating prudently and carefully |
| 7 | | near a critical facility without the facility operator present, |
| 8 | | provided the facility operator waives the request to be present |
| 9 | | or to complete a minimal excavation exposing the critical |
| 10 | | facility or is unable to comply with the excavator's schedule. |
| 11 | | Nothing in this Section prohibits the use of any method of |
| 12 | | excavation if
conducted in a manner that would avoid |
| 13 | | interference with
underground utility facilities.
|
| 14 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 15 | | (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
|
| 16 | | Sec. 6. Emergency excavation or demolition.
|
| 17 | | (a) Every excavator person who
engages in emergency |
| 18 | | excavation or
demolition outside of the boundaries of a |
| 19 | | municipality of at least one
million persons which operates its |
| 20 | | own one-call notice system shall take
all reasonable |
| 21 | | precautions to avoid or minimize
interference between the |
| 22 | | emergency work and existing underground utility
facilities in |
| 23 | | and near the excavation or demolition
area, through the |
| 24 | | State-Wide One-Call Notice System,
and shall notify, as far in |
| 25 | | advance as possible, the owners or operators of
such |
|
| | SB1570 | - 17 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | underground utility facilities in and near the
emergency |
| 2 | | excavation or demolition area, through the State-Wide One-Call
|
| 3 | | Notice System.
At a minimum, the notice required under this |
| 4 | | subsection (a) shall provide:
|
| 5 | | (1) the person's name, address, and (i) phone number at |
| 6 | | which a person can
be reached and, if available, a (ii) fax |
| 7 | | number and email address , if available;
|
| 8 | | (2) the start date and time of the planned emergency |
| 9 | | excavation or demolition;
|
| 10 | | (3) the address or location at which the excavation or |
| 11 | | demolition will take place; and
|
| 12 | | (4) the type of work, and the and extent and |
| 13 | | description of the area where excavation or demolition is |
| 14 | | to occur; and of the work involved.
|
| 15 | | (5) all counties, cities, or townships, or any |
| 16 | | combination thereof, where the emergency excavation or |
| 17 | | demolition will take place. |
| 18 | | There is a wait time of 2 hours or the date and time |
| 19 | | requested on the notice, whichever is longer, after an |
| 20 | | emergency locate notification request is
made through the |
| 21 | | State-Wide One-Call Notice System. If the conditions at the
|
| 22 | | site dictate an earlier start than the required wait time, it |
| 23 | | is the
responsibility of the excavator to demonstrate that site |
| 24 | | conditions warranted
this earlier start time.
|
| 25 | | Upon notice by the excavator person engaged in emergency |
| 26 | | excavation or demolition, the owner or operator of an |
|
| | SB1570 | - 18 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | underground utility facility in or near the excavation or |
| 2 | | demolition area shall communicate with the excavator person |
| 3 | | engaged in emergency excavation or demolition within 2 hours or |
| 4 | | by the date and time requested on the notice, whichever is |
| 5 | | longer by (1) marking the approximate location of underground |
| 6 | | facilities; (2) advising the excavator person excavating that |
| 7 | | their underground facilities are not in conflict with the |
| 8 | | emergency excavation; or (3) notifying the excavator person |
| 9 | | excavating that the owner or operator shall be delayed in |
| 10 | | marking because of conditions as referenced in subsection (g) |
| 11 | | of Section 11 of this Act. |
| 12 | | The notice by the owner or operator to the excavator person |
| 13 | | engaged in emergency excavation or demolition may be provided |
| 14 | | by phone or phone message or by marking the excavation or |
| 15 | | demolition area. The owner or operator has discharged the |
| 16 | | owner's or operator's obligation to provide notice under this |
| 17 | | Section if the owner or operator attempts to provide notice by |
| 18 | | telephone but is unable to do so because the excavator person |
| 19 | | engaged in the emergency excavation or demolition does not |
| 20 | | answer his or her telephone or does not have an answering |
| 21 | | machine, or answering service, or voicemail to receive the |
| 22 | | telephone call. If the owner or operator attempts to provide |
| 23 | | notice by telephone or by facsimile but receives a busy signal, |
| 24 | | that attempt shall not discharge the owner or operator from the |
| 25 | | obligation to provide notice under this Section.
|
| 26 | | (b) (Blank). Every person who engages in emergency |
|
| | SB1570 | - 19 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | excavation or demolition
within the boundaries of a |
| 2 | | municipality of at least one million persons
which operates its |
| 3 | | own one-call notice system shall take all reasonable
|
| 4 | | precautions to avoid or minimize interference between the |
| 5 | | emergency work
and existing underground utility facilities in |
| 6 | | and near
the excavation or demolition area, through the |
| 7 | | municipality's one-call
notice system, and shall notify, as far |
| 8 | | in advance as possible, the owners
and operators of underground |
| 9 | | utility facilities in and
near the emergency excavation or |
| 10 | | demolition area, through the
municipality's one-call notice |
| 11 | | system.
|
| 12 | | (c) The reinstallation of traffic control devices shall be |
| 13 | | deemed an
emergency for purposes of this Section.
|
| 14 | | (d) An open cut utility locate shall be deemed an emergency |
| 15 | | for purposes of this Section.
|
| 16 | | (e) During emergency situations, as described in Section |
| 17 | | 2.6, where the owner or operator of underground utility |
| 18 | | facilities has a widespread situation beyond their equipment or |
| 19 | | personnel capabilities to facilitate a timely repair or |
| 20 | | correction of the emergency, the facility owner or operator may |
| 21 | | utilize subcontractors to facilitate the work without a |
| 22 | | separate emergency locate request by the subcontractor. |
| 23 | | However, for the purposes of this Act, in such a situation, the |
| 24 | | facility owner or operator shall be responsible for the actions |
| 25 | | of their subcontractor, unless the subcontractor has obtained |
| 26 | | their own notice. |
|
| | SB1570 | - 20 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (f) Emergency notices provided through a One-Call Notice |
| 2 | | System shall expire 14 calendar days after the date of the |
| 3 | | initial notice. |
| 4 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 5 | | (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
|
| 6 | | Sec. 7. Damage or dislocation. In the event of any damage |
| 7 | | to or
dislocation of any underground
utility facilities in |
| 8 | | connection with any excavation or
demolition, emergency or |
| 9 | | nonemergency, the excavator person responsible for the
|
| 10 | | excavation or demolition operations shall immediately notify |
| 11 | | the affected
utility and the State-Wide One-Call Notice System |
| 12 | | and cease excavation in the area of the damage when the damaged |
| 13 | | facility is a threat to life or property or if otherwise |
| 14 | | required by law or, in the case of damage
or dislocation in |
| 15 | | connection with any excavation or demolition within the
|
| 16 | | boundaries of a municipality having a population of at least |
| 17 | | 1,000,000
inhabitants that operates its
own one-call notice |
| 18 | | system, notify the affected utility and the one-call
notice |
| 19 | | system that operates in that municipality. The excavator person |
| 20 | | responsible for the excavation or demolition shall not attempt |
| 21 | | to repair, clamp, or constrict the damaged utility facility |
| 22 | | unless under the supervision or advisement of the utility |
| 23 | | facility owner or operator. At no time shall an excavator a |
| 24 | | person under this Act be required by a utility facility owner |
| 25 | | or operator to attempt to repair, clamp, or constrict a damaged |
|
| | SB1570 | - 21 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | utility facility. In the event of any damage to any underground |
| 2 | | utility facility that results in the escape of any flammable, |
| 3 | | toxic, or corrosive gas or liquid, the excavator person |
| 4 | | responsible for the excavation or demolition shall call 9-1-1 |
| 5 | | and notify authorities of the damage. Owners and operators of
|
| 6 | | underground utility facilities that are damaged and the |
| 7 | | excavator involved
shall work in a cooperative and expeditious |
| 8 | | manner to repair the affected
utility.
|
| 9 | | At a minimum, the notice required under this Section shall |
| 10 | | provide: |
| 11 | | (1) a reference to the original excavation or |
| 12 | | demolition notice, if one exists; |
| 13 | | (2) the type of damaged underground utility facility; |
| 14 | | (3) the name of the affected underground utility |
| 15 | | facility owner, if known; and |
| 16 | | (4) the location of the damaged underground line at the |
| 17 | | excavation or demolition site. |
| 18 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 19 | | (220 ILCS 50/7.5 new) |
| 20 | | Sec. 7.5. Exposed facility. In the event of any previously |
| 21 | | unmarked underground utility facility being exposed during |
| 22 | | excavation or demolition, emergency or nonemergency, the |
| 23 | | excavator responsible for the excavation or demolition |
| 24 | | operations shall immediately notify the One-Call Notice |
| 25 | | System. |
|
| | SB1570 | - 22 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | At a minimum, the notice required under this Section shall |
| 2 | | provide: |
| 3 | | (1) a reference to the original excavation or |
| 4 | | demolition notice, if one exists; |
| 5 | | (2) the type of exposed underground utility facility; |
| 6 | | (3) the name of the affected underground utility |
| 7 | | facility owner, if known; and |
| 8 | | (4) the location of the exposed underground line at the |
| 9 | | excavation or demolition site.
|
| 10 | | (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
|
| 11 | | Sec. 8. Liability or financial responsibility.
|
| 12 | | (a) Nothing in this Act shall be deemed to affect or |
| 13 | | determine
the financial responsibility for any operation under |
| 14 | | this Act or liability
of any entity or individual person for |
| 15 | | any damages that occur unless specifically stated otherwise.
|
| 16 | | (b) Nothing in this Act shall be deemed to provide for |
| 17 | | liability or
financial
responsibility of the Department of |
| 18 | | Transportation, its officers and
employees concerning any |
| 19 | | underground utility facility or CATS facility
located on |
| 20 | | highway right-of-way by permit issued under the provisions of
|
| 21 | | Section 9-113 of the Illinois Highway Code.
It is not the |
| 22 | | intent of this Act to change any remedies in law regarding
the |
| 23 | | duty of providing lateral support.
|
| 24 | | (c) Neither the State-Wide One-Call Notice System nor any |
| 25 | | of its officers,
agents, or employees shall be liable for |
|
| | SB1570 | - 23 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | damages for injuries or death to
persons or damage to property |
| 2 | | caused by acts or omissions in the receipt,
recording, or |
| 3 | | transmission of locate requests or other information in the
|
| 4 | | performance of its duties as the State-Wide One-Call Notice |
| 5 | | System, unless the
act or omission was the result of willful |
| 6 | | and wanton misconduct.
|
| 7 | | (d) Any residential property owner who fails to comply with
|
| 8 | | any provision of this Act and damages underground utility |
| 9 | | facilities or CATS
facilities while engaging in excavation or |
| 10 | | demolition on such residential
property shall not be subject to |
| 11 | | a penalty under this Act, but shall be
liable for the damage |
| 12 | | caused to the owner or operator of the damaged
underground |
| 13 | | utility facilities or CATS facilities.
|
| 14 | | (Source: P.A. 92-179, eff. 7-1-02.)
|
| 15 | | (220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
|
| 16 | | Sec. 9. Negligence. When it is shown by competent evidence |
| 17 | | in any action for
damages to underground utility facilities or |
| 18 | | CATS facilities that such
damages resulted from excavation or |
| 19 | | demolition and that the excavator person engaged
in such |
| 20 | | excavation or demolition failed to comply with the provisions |
| 21 | | of
this Act, that excavator person shall be deemed prima facie |
| 22 | | guilty of negligence.
When it is shown by competent evidence in |
| 23 | | any action for damages to excavators
persons, material or |
| 24 | | equipment brought by excavators persons undertaking excavation |
| 25 | | or
demolition acting in compliance with the provisions of this |
|
| | SB1570 | - 24 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | Act that such
damages resulted from the failure of owners and |
| 2 | | operators of underground
facilities or CATS facilities to |
| 3 | | comply with the provisions of this Act,
those owners and |
| 4 | | operators shall be deemed prima facie guilty of negligence.
|
| 5 | | (Source: P.A. 86-674.)
|
| 6 | | (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
|
| 7 | | Sec. 10. Record of notice; marking of facilities. |
| 8 | | (a) Upon notice by the
excavator person engaged in |
| 9 | | excavation or
demolition, the entity person owning or operating |
| 10 | | underground utility facilities
in or near the excavation or |
| 11 | | demolition area shall
cause a written record to be made of the |
| 12 | | notice and shall mark, within 48
hours of receipt of notice or |
| 13 | | by the requested date and time indicated on the notice, |
| 14 | | whichever is later, the
approximate locations of such |
| 15 | | facilities so as to enable the excavator person excavating
or |
| 16 | | demolishing to establish the location of the underground |
| 17 | | utility facilities. |
| 18 | | (b) Owners and operators of underground sewer facilities
|
| 19 | | that are located outside the boundaries of a municipality |
| 20 | | having a population
of at least 1,000,000 inhabitants
shall be |
| 21 | | required to
respond and mark the approximate location of those |
| 22 | | sewer facilities when
the excavator indicates, in the notice |
| 23 | | required in Section 4, that the
excavation or demolition |
| 24 | | project will exceed a depth of 7 feet. "Depth", in
this
case, |
| 25 | | is defined as the distance measured vertically from the surface |
|
| | SB1570 | - 25 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | of the
ground to the top of the sewer facility. |
| 2 | | (c) Owners and operators of underground
sewer
facilities
|
| 3 | | that are located outside the boundaries of a municipality |
| 4 | | having a population
of at least 1,000,000 inhabitants
shall be |
| 5 | | required at all times to locate the approximate location of
|
| 6 | | those sewer facilities
when: (1) directional
boring is the |
| 7 | | indicated type of excavation work being performed within the
|
| 8 | | notice; (2) the underground sewer facilities owned are |
| 9 | | non-gravity, pressurized
force mains; or (3) the excavation |
| 10 | | indicated will occur in the immediate
proximity of known
|
| 11 | | underground sewer facilities that are less than 7 feet deep. |
| 12 | | (d) Owners or
operators of underground sewer
facilities |
| 13 | | that are located outside the boundaries of a municipality |
| 14 | | having a
population
of at least 1,000,000 inhabitants
shall not |
| 15 | | hold an excavator liable for damages that occur to sewer
|
| 16 | | facilities that were not required to be marked under this |
| 17 | | Section, provided
that
prompt notice of known the damage is |
| 18 | | made to the State-Wide One-Call Notice System
and
the utility |
| 19 | | owner as required in Section 7.
|
| 20 | | (e) All entities persons subject to the requirements of |
| 21 | | this Act shall plan and conduct
their work consistent with |
| 22 | | reasonable business practices. Conditions may exist
making it |
| 23 | | unreasonable to request that locations be marked within 48 |
| 24 | | hours or by the requested date and time indicated on the |
| 25 | | notice, whichever is later. In such situations, the excavator |
| 26 | | and the owner or operator shall interact in good faith to |
|
| | SB1570 | - 26 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | establish a mutually agreeable date and time for the completion |
| 2 | | of the locate request. It
is unreasonable to request owners and |
| 3 | | operators of underground utility
facilities to locate all of |
| 4 | | their facilities in an affected
area upon
short notice in |
| 5 | | advance of a large or extensive nonemergency project, or to
|
| 6 | | request extensive locates in excess of a reasonable excavation |
| 7 | | or demolition
work schedule, or to request locates under |
| 8 | | conditions where a repeat request is
likely
to be made because |
| 9 | | of the passage of time or adverse job conditions.
|
| 10 | | (f) Owners
and operators of underground utility facilities |
| 11 | | must
reasonably anticipate seasonal fluctuations in the number |
| 12 | | of locate requests
and staff accordingly.
|
| 13 | | (g) If an entity a person owning or operating underground |
| 14 | | utility facilities receives a notice under this Section but |
| 15 | | does not own
or operate any underground utility facilities |
| 16 | | within the
proposed excavation or demolition area described in |
| 17 | | the notice, that entity person,
within 48 hours or by the |
| 18 | | requested date and time indicated on the notice, whichever is |
| 19 | | later, after receipt
of the notice, shall so notify the |
| 20 | | excavator who initiated the notice person engaged in excavation |
| 21 | | or demolition
who initiated the notice, unless the person who |
| 22 | | initiated the notice
expressly waives the right to be notified |
| 23 | | that no facilities are located within
the excavation or |
| 24 | | demolition area. |
| 25 | | (h) The notification by the owner or operator
of
|
| 26 | | underground utility facilities to the excavator person engaged |
|
| | SB1570 | - 27 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | in
excavation or demolition may be provided in any reasonable |
| 2 | | manner including,
but not limited to, notification in any one |
| 3 | | of the following ways: |
| 4 | | (1) by
face-to-face communication; |
| 5 | | (2) by phone or phone message; |
| 6 | | (3) by facsimile or email; |
| 7 | | (4) by posting
in the excavation or demolition area; or |
| 8 | | (5) by marking the excavation or
demolition area. |
| 9 | | (i) The owner or operator of those facilities has |
| 10 | | discharged the
owner's or operator's obligation to provide |
| 11 | | notice under this Section if the
owner or operator attempts to |
| 12 | | provide notice by one of the following ways: |
| 13 | | (1) telephone or by facsimile, if
the person has |
| 14 | | supplied a facsimile number, but is unable to do
so because |
| 15 | | the excavator person engaged in the excavation or |
| 16 | | demolition does not answer
his or her telephone and or does |
| 17 | | not have the ability to receive telephone messages; |
| 18 | | (2) facsimile, if the excavator has supplied a |
| 19 | | facsimile number and does not have a facsimile machine in |
| 20 | | operation to receive the facsimile transmission; or |
| 21 | | (3) email, if the excavator has supplied an email |
| 22 | | address and the message is electronically undeliverable an |
| 23 | | answering machine or answering service
to receive the |
| 24 | | telephone call or does not have a facsimile machine in |
| 25 | | operation
to receive the facsimile transmission. |
| 26 | | If the owner or operator attempts to
provide notice by |
|
| | SB1570 | - 28 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | telephone or by facsimile but receives a busy signal, that
|
| 2 | | attempt shall not serve to discharge the owner or operator of |
| 3 | | the obligation to
provide notice under this Section.
|
| 4 | | A person engaged in excavation or demolition may expressly |
| 5 | | waive the right
to notification from the owner or operator of |
| 6 | | underground utility facilities that the owner or operator has |
| 7 | | no facilities located in the
proposed excavation or demolition |
| 8 | | area. Waiver of notice is only permissible
in the case of |
| 9 | | regular or nonemergency locate requests. The waiver must be
|
| 10 | | made at the time of
the notice to the State-Wide One-Call |
| 11 | | Notice System. A waiver made under this
Section is not |
| 12 | | admissible as evidence in any criminal or civil action that may
|
| 13 | | arise out of, or is in any way related to, the excavation or |
| 14 | | demolition that is
the subject of the waiver.
|
| 15 | | (j) For the purposes of this Act, the following color |
| 16 | | coding shall be used to mark the approximate location of |
| 17 | | underground utility facilities by the
underground facility |
| 18 | | operators who may utilize a combination of flags, stakes, or
|
| 19 | | and paint as when possible on non-paved surfaces and when dig |
| 20 | | site and seasonal
conditions warrant. If the approximate
|
| 21 | | location of an underground utility facility is marked with
|
| 22 | | stakes or other physical means, the following color coding |
| 23 | | shall be employed:
|
|
| 24 | | Underground Facility Identification Color |
|
|
|
| | SB1570 | - 29 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | Facility Owner or Agent Use Only | |
|
|
| 2 | | Electric Power, Distribution and | | |
| 3 | | Transmission........................ | Safety Red | |
| 4 | | Municipal Electric Systems.............. | Safety Red | |
| 5 | | Gas Distribution and Transmission....... | High Visibility Safety | |
| 6 | | | Yellow | |
| 7 | | Oil Distribution and Transmission....... | High Visibility Safety | |
| 8 | | | Yellow | |
| 9 | | Communication Systems Telephone and | | 10 | | Telegraph Systems | Safety Alert Orange | |
| 11 | | Community Antenna Television Systems.... | Safety Alert Orange | |
| 12 | | Water Systems........................... | Safety Precaution Blue | |
| 13 | | Sewer Systems........................... | Safety Green | |
| 14 | | Non-potable Water and Slurry Lines...... | Safety Purple |
|
|
|
| 16 | | Temporary Survey........................ | Safety Pink | |
| 17 | | Proposed Excavation..................... | Safety White (Black | |
| 18 | | | when snow is on the | |
| 19 | | | ground) |
|
| 20 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 21 | | (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
|
| 22 | | Sec. 11. Penalties; liability; fund.
|
|
| | SB1570 | - 30 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (a) Every excavator person who, while engaging
in |
| 2 | | excavation or
demolition, wilfully fails to comply with the Act |
| 3 | | by failing to provide the
notice to the owners or operators of |
| 4 | | the underground facilities near the excavation or demolition |
| 5 | | area through the State-Wide
One-Call Notice System as required |
| 6 | | by Section 4 or 6 of this Act shall be subject to a
penalty of |
| 7 | | up to $5,000 for each
separate offense and shall be liable for
|
| 8 | | the damage caused to the owners or operators of the facility. |
| 9 | | Every excavator person who fails to provide notice and |
| 10 | | willfully fails to comply with other provisions of this Act |
| 11 | | shall be subject to additional penalties of up to $2,500 for |
| 12 | | each separate offense and shall be liable for the damage caused |
| 13 | | to the owners or operators of the facility.
|
| 14 | | (b) Every excavator person who has
provided the notice to |
| 15 | | the owners or operators of the underground utility
facilities |
| 16 | | in and near the excavation or demolition area
through the |
| 17 | | State-Wide One-Call Notice System as required by Section 4 or 6 |
| 18 | | of
this Act, but otherwise wilfully fails to comply with this |
| 19 | | Act, shall be subject to a
penalty of up to $2,500 for each
|
| 20 | | separate offense and shall be liable
for the damage caused to |
| 21 | | the owners or operators of the facility.
|
| 22 | | (c) Every excavator person who, while engaging in |
| 23 | | excavation or demolition, has
provided the notice to the owners |
| 24 | | or operators of the underground utility
facilities in and near |
| 25 | | the excavation or demolition area
through the State-Wide |
| 26 | | One-Call Notice System as required by Section 4 or 6 of
this |
|
| | SB1570 | - 31 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | Act, but otherwise, while acting reasonably, damages any |
| 2 | | underground
utility facilities, shall not be subject to a |
| 3 | | penalty, but
shall be liable for the damage caused to the |
| 4 | | owners or operators of the
facility provided the underground |
| 5 | | utility facility is
properly marked as provided in Section 10 |
| 6 | | of this Act.
|
| 7 | | (d) Every excavator person who provides
notice to the |
| 8 | | owners or operators of the underground utility facilities |
| 9 | | through the State-Wide One-Call Notice System as a no-show, |
| 10 | | incomplete, or an emergency locate
request and the locate |
| 11 | | request is not a no-show, incomplete, or an emergency locate |
| 12 | | request as defined in Section 2.1.3, 2.1.4, or 2.6 of this Act |
| 13 | | shall be subject to a penalty of up to $2,500 for each
separate |
| 14 | | offense.
|
| 15 | | (e) Owners and operators of underground utility facilities |
| 16 | | who willfully fail to comply with this Act by a failure to |
| 17 | | respond or mark the approximate location of an underground |
| 18 | | utility as required by subsection (h) of Section 4, subsection |
| 19 | | (a) of Section 6, or Section 10 of this Act after being |
| 20 | | notified of planned excavation or demolition through the |
| 21 | | State-Wide One-Call Notice System, shall be subject to a |
| 22 | | penalty of up to $5,000 for each separate offense. A facility |
| 23 | | operator will not be subject to a penalty under this Section |
| 24 | | for failing to properly mark the approximate location of an |
| 25 | | underground facility provided that the facility operator |
| 26 | | responded to the locate request in the time frames provided by |
|
| | SB1570 | - 32 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | this Act and took reasonable care when locating the underground |
| 2 | | facility.
|
| 3 | | (f) As provided in Section 3 of this Act, all owners or |
| 4 | | operators of
underground utility facilities who fail to join |
| 5 | | the
State-Wide One-Call Notice System by January 1, 2003 shall |
| 6 | | be subject to a
penalty of $100 per day for each separate |
| 7 | | offense. Every day an owner or
operator fails to join the |
| 8 | | State-Wide One-Call Notice System is a separate
offense. This |
| 9 | | subsection (f) does not apply to utilities operating facilities
|
| 10 | | exclusively within the boundaries of a municipality with a
|
| 11 | | population of at least 1,000,000 persons.
|
| 12 | | (g) No owner or operator of underground utility facilities |
| 13 | | shall be subject to a penalty where a
delay in marking or a |
| 14 | | failure to mark or properly mark the location of an
underground |
| 15 | | utility is caused by conditions beyond the
reasonable control |
| 16 | | of such owner or operator.
|
| 17 | | (h) Any entity that person who is neither an agent, |
| 18 | | employee, or authorized locating
contractor of the owner or |
| 19 | | operator of the underground utility facility
nor an
excavator |
| 20 | | involved in the excavation or demolition activity that
who
|
| 21 | | removes, alters, or otherwise damages markings, flags, or |
| 22 | | stakes used to mark
the
location of an
underground utility |
| 23 | | other than during the course of the
excavation or demolition |
| 24 | | for which
the markings were made or before completion of the |
| 25 | | project shall be subject to
a penalty up to
$1,000 for each |
| 26 | | separate offense.
|
|
| | SB1570 | - 33 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (i) (Blank).
|
| 2 | | (j) The Illinois Commerce Commission shall have the power |
| 3 | | and jurisdiction
to, and shall, enforce the provisions of this |
| 4 | | Act. The Illinois Commerce
Commission
may impose |
| 5 | | administrative penalties as provided in this Section. The |
| 6 | | Illinois
Commerce Commission may promulgate rules and develop
|
| 7 | | enforcement policies (83 Illinois Administrative Code Part |
| 8 | | 265) in the manner provided by the Public Utilities Act in
|
| 9 | | order to implement compliance with this Act. When a
penalty is |
| 10 | | warranted, the following criteria shall be used in determining |
| 11 | | the
magnitude of the penalty:
|
| 12 | | (1) gravity of noncompliance;
|
| 13 | | (2) culpability of offender;
|
| 14 | | (3) history of noncompliance for the 18 months prior to |
| 15 | | the date of the incident; however, when determining |
| 16 | | noncompliance non-compliance the alleged violator's roles |
| 17 | | as operator or owner and the entity person engaged in |
| 18 | | excavating shall be treated separately;
|
| 19 | | (4) (blank); ability to pay penalty;
|
| 20 | | (5) show of good faith of offender;
|
| 21 | | (6) (blank); and ability to continue business; and
|
| 22 | | (7) other special circumstances.
|
| 23 | | (k) There is hereby created in the State treasury a special |
| 24 | | fund to be
known
as the Illinois Underground Utility Facilities |
| 25 | | Damage Prevention Fund. All
penalties recovered by the Illinois |
| 26 | | Commerce Commission in any action under this Section shall be |
|
| | SB1570 | - 34 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | paid into the
Fund and shall be distributed annually as a grant |
| 2 | | to the State-Wide
One-Call Notice System operated by JULIE to |
| 3 | | be used in safety and informational programs to
reduce the |
| 4 | | number of incidents of damage to underground utility facilities
|
| 5 | | in Illinois. The distribution shall be made during
January of |
| 6 | | each calendar year based on the balance in the Illinois
|
| 7 | | Underground Utility Facilities Damage Prevention Fund as of |
| 8 | | December 31 of
the previous calendar year. In all such actions |
| 9 | | under this Section, the
procedure and rules of evidence shall |
| 10 | | conform with the Code of Civil
Procedure, and with rules of |
| 11 | | courts governing civil trials.
|
| 12 | | (l) The Illinois Commerce Commission shall establish an |
| 13 | | Advisory
Committee consisting of (1) 2 members of the general |
| 14 | | public, with one member having a professional background in the |
| 15 | | legal community, and (2) a representative from each of the |
| 16 | | following: utility
operator, JULIE, excavator, municipality, |
| 17 | | and the general public. The Advisory
Committee shall serve as a |
| 18 | | peer review panel for any contested penalties
resulting from |
| 19 | | the enforcement of this Act.
|
| 20 | | The members of the Advisory Committee shall be immune, |
| 21 | | individually and
jointly, from civil liability for any act or |
| 22 | | omission done or made in
performance of their duties while |
| 23 | | serving as members of such Advisory
Committee, unless the act |
| 24 | | or omission was the result of willful and wanton
misconduct.
|
| 25 | | (m) If, after the Advisory Committee has considered a |
| 26 | | particular contested
penalty and performed its review |
|
| | SB1570 | - 35 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | functions under this Act and the Commission's
rules, there |
| 2 | | remains a dispute as to whether the Commission should impose a
|
| 3 | | penalty under this Act, the matter shall proceed in the manner |
| 4 | | set forth in
Article X of the Public Utilities Act, including |
| 5 | | the provisions governing
judicial review.
|
| 6 | | (Source: P.A. 96-714, eff. 1-1-10.)
|
| 7 | | (220 ILCS 50/11.3)
|
| 8 | | Sec. 11.3. Emergency telephone system outages; |
| 9 | | reimbursement. Any excavator person
who negligently damages an |
| 10 | | underground facility or CATS facility causing an
emergency |
| 11 | | telephone system outage must reimburse the public safety agency |
| 12 | | that
provides personnel to answer calls or to maintain or |
| 13 | | operate an emergency
telephone system during the outage for the |
| 14 | | agency's costs associated with
answering calls or maintaining |
| 15 | | or operating the system during the outage. For
the purposes of |
| 16 | | this Section, "public safety agency" means the same as in
|
| 17 | | Section 2.02 of the Emergency Telephone System Act.
|
| 18 | | (Source: P.A. 92-149, eff. 1-1-02.)
|
| 19 | | (220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
|
| 20 | | Sec. 12. Noncompliance and enforcement action time frames. |
| 21 | | No action may be brought under Section 11 of this Act unless
|
| 22 | | commenced within 2 years after the date of violation of this |
| 23 | | Act.
|
| 24 | | (Source: P.A. 86-674.)
|
|
| | SB1570 | - 36 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
|
| 2 | | Sec. 13. Mandamus or injunction. Where public safety or the
|
| 3 | | preservation
of uninterrupted,
necessary utility service or |
| 4 | | community antenna television system service is
endangered by |
| 5 | | any excavator person engaging in excavation or demolition in a
|
| 6 | | negligent or unsafe manner which has resulted in or is likely |
| 7 | | to result in
damage to underground utility facilities or CATS |
| 8 | | facilities or
proposing to use procedures for excavation or |
| 9 | | demolition which are likely
to result in damage to underground |
| 10 | | utility facilities or CATS facilities,
or where the owner or |
| 11 | | operator of underground utility facilities or CATS
facilities |
| 12 | | endangers an excavator by willfully failing to respond to a |
| 13 | | locate
request,
the owner or operator of such facilities or the |
| 14 | | excavator or the State's
Attorney or the Illinois Commerce |
| 15 | | Commission at the request of the owner or
operator of such |
| 16 | | facilities or the excavator may commence an action
in the |
| 17 | | circuit court for the county in which the excavation or |
| 18 | | demolition
is occurring or is to occur, or in which the person |
| 19 | | complained of has his
principal place of business or resides, |
| 20 | | for the purpose of having such
negligent or unsafe excavation |
| 21 | | or demolition stopped and prevented or to
compel the marking of |
| 22 | | underground utilities facilities or CATS facilities,
either
by |
| 23 | | mandamus or injunction.
|
| 24 | | (Source: P.A. 92-179, eff. 7-1-02.)
|
|
| | SB1570 | - 37 - | LRB101 08727 JRG 53814 b |
|
|
|
| 1 | | (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
|
| 2 | | Sec. 14. Home rule. The regulation of underground utility |
| 3 | | facilities
and CATS facilities damage prevention, as provided |
| 4 | | for in this Act, is an
exclusive power and function of the |
| 5 | | State. A home rule unit may not
regulate underground utility |
| 6 | | facilities and CATS facilities damage
prevention, as provided |
| 7 | | for in this Act. All units of local government,
including home |
| 8 | | rule units that are not municipalities of more than 1,000,000 |
| 9 | | persons, must comply with the provisions of this Act. To this |
| 10 | | extent, this
Section is a denial and
limitation of home rule |
| 11 | | powers and functions under subsection (h) of
Section 6 of |
| 12 | | Article VII of the Illinois Constitution. A home rule |
| 13 | | municipality of more than 1,000,000 persons may regulate |
| 14 | | underground utility facilities and CATS facilities damage |
| 15 | | prevention.
|
| 16 | | (Source: P.A. 99-121, eff. 7-23-15.)
|
| 17 | | (220 ILCS 50/2.1 rep.)
|
| 18 | | (220 ILCS 50/2.1.9 rep.)
|
| 19 | | (220 ILCS 50/5 rep.)
|
| 20 | | Section 10. The Illinois Underground Utility Facilities |
| 21 | | Damage Prevention Act is amended by repealing Sections 2.1, |
| 22 | | 2.1.9, and 5.
|
| | | SB1570 | - 38 - | LRB101 08727 JRG 53814 b |
| |
| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 220 ILCS 50/2 | from Ch. 111 2/3, par. 1602 | | | 4 | | 220 ILCS 50/2.1.1 new | | | | 5 | | 220 ILCS 50/2.1.2 new | | | | 6 | | 220 ILCS 50/2.1.3 | | | | 7 | | 220 ILCS 50/2.1.4 | | | | 8 | | 220 ILCS 50/2.1.5 | | | | 9 | | 220 ILCS 50/2.1.7 new | | | | 10 | | 220 ILCS 50/2.1.8 new | | | | 11 | | 220 ILCS 50/2.2 | from Ch. 111 2/3, par. 1602.2 | | | 12 | | 220 ILCS 50/2.3 | from Ch. 111 2/3, par. 1602.3 | | | 13 | | 220 ILCS 50/2.4 | from Ch. 111 2/3, par. 1602.4 | | | 14 | | 220 ILCS 50/2.5 | from Ch. 111 2/3, par. 1602.5 | | | 15 | | 220 ILCS 50/2.7 | | | | 16 | | 220 ILCS 50/2.8 | | | | 17 | | 220 ILCS 50/2.9 | | | | 18 | | 220 ILCS 50/2.10 | | | | 19 | | 220 ILCS 50/2.11 | | | | 20 | | 220 ILCS 50/2.12 new | | | | 21 | | 220 ILCS 50/2.13 new | | | | 22 | | 220 ILCS 50/3 | from Ch. 111 2/3, par. 1603 | | | 23 | | 220 ILCS 50/4 | from Ch. 111 2/3, par. 1604 | | | 24 | | 220 ILCS 50/6 | from Ch. 111 2/3, par. 1606 | | | 25 | | 220 ILCS 50/7 | from Ch. 111 2/3, par. 1607 | |
| | | SB1570 | - 39 - | LRB101 08727 JRG 53814 b |
| |
|
|