(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
(Text of Section before amendment by P.A. 103-614)
Sec. 2. Definitions. As used in this Act, unless the context clearly
otherwise
requires, the terms specified in Sections 2.1 through 2.11 have the
meanings
ascribed to them in those Sections.
(Source: P.A. 94-623, eff. 8-18-05.)
(Text of Section after amendment by P.A. 103-614) Sec. 2. Definitions. As used in this Act, unless the context clearly otherwise requires, the terms specified in this Section have the meanings ascribed to them in this Section. "Approximate location" means the location of the marked facility that lies entirely within the tolerance zone. Circumstances that are "beyond the reasonable control" of a party include, but are not limited to, severe weather, unforeseen mechanical issues, or site conditions. As used in Section 11, "beyond the reasonable control" also includes, but is not limited to, notice volumes or dig site notification areas that exceed historical averages, as determined by the reasonable control measurement, created as a result of underground utility facility owners or operators or their contractors or subcontractors' non-emergency requests for utility excavation work for underground utility facility owners or operators, that is not part of a large project that has provided at least 60 days notice, and only applies to the requests submitted by underground utility facility owners or operators or their contractors or subcontractors' non-emergency utility excavation work for underground utility facility owners or operators. "Damage" means the contact or dislocation of a facility during excavation or demolition that necessitates immediate or subsequent repair by the underground utility facility owner or operator due to any partial or complete destruction of the facility, including, but not limited to, the protective coating, tracer wire, lateral support, cathodic protection, or housing for the line or device of the facility. "Damage notification" means a notification through JULIE to the underground utility facility owner or operator that damage to a facility has occurred in the area of the excavation or demolition. "Day" means any day, beginning at 12:00 a.m. and ending at 11:59 p.m. "Day" does not include holidays recognized by JULIE, Saturdays, Sundays, and the day of the actual notice. "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. "Emergency request" means a request involving a condition (1) that constitutes an imminent danger to life, health, or property or a utility service outage (2) and that requires repair or action before the expiration of 2 days. "Excavation" means: (1) 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 or roadway surface milling when penetrating into the base or subbase of a paved surface, and driving, but does not include:
|
|
(A) farm tillage operations;
(B) railroad right-of-way maintenance;
(C) 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;
|
|
(D) land surveying operations as defined in the
|
| Illinois Professional Land Surveyor Act of 1989 when not using power equipment;
|
|
(E) roadway surface milling;
(F) manually inserting, without the use of power
|
| equipment, a temporary round-tipped ground or probe rod as part of facility locating;
|
|
(G) manually inserting, without the use of power
|
| equipment, a temporary round-tipped probe rod for bar holing to determine the area of a potential leak from a facility transporting hazardous gases or liquids; or
|
|
(H) 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.
|
|
(2) An exclusion to this Section in no way prohibits
|
| a request from being made for the marking of facilities.
|
|
(3) Any exception to excavation contained within this
|
| Section is not intended to remove liability that may be imposed against an individual or entity because of damage caused to a facility.
|
|
"Excavator" means any person or legal entity, public or private, that engages in excavation or demolition work.
"Exposed notification" means a notification through JULIE to the underground utility facility owner or operator that an unmarked facility has been exposed in the area of the excavation or demolition but has not been damaged.
"Extension" means a request made by an excavator, to extend the expiration date of a normal notice to allow additional time to continue or complete the excavation or demolition project.
(1) An extension request may be made no earlier than
|
| the 20th day from the initial normal notice request or latest extension request.
|
|
(2) An extension request shall extend the expiration
|
| of the initial normal notice request or latest extension request by 25 days.
|
|
(3) An extension request may not be made simply to
|
| keep a prior notice open without continued excavation occurring within the period of that subsequent notice.
|
|
"Geographic information system data" means data to be applied to JULIE software to facilitate a more clearly defined notification area for notices sent to the system underground utility facility owners or operators. "Geographic information system data" includes, but is not limited to:
(1) address points with site addresses;
(2) parcels with site addresses;
(3) road center lines with names and address range;
(4) city limits with names;
(5) political townships with names;
(6) railroads with names;
(7) streams with names; and
(8) water bodies with names.
"Historical averages" are used to determine benchmark notice volumes or dig site notification areas for a particular place. The notice volume is calculated for new and updated requests requiring an underground utility facility owner or operator response. It shall not include notices with a header of noshow, incomplete, or noremark. The dig site notification area is calculated using the dig site polygon on the notice. The 7 day look back shall be calculated once daily at the conclusion of the previous calendar day. "Historic averages" shall be determined by comparing notice volumes or dig site notification areas over the immediate past 7 calendar days to the same 7 calendar day period for the past 5 years. A 5-year trimmed mean, removing the highest and lowest years, and averaging the remaining 3 years, shall be the final determinate of this measurement. The official measurement of the notice volumes or dig site notification areas shall be provided by JULIE.
"Incomplete request" means a notice initiated by an excavator through JULIE to the underground utility facility owners or operators notified in a prior request that such underground utility facility owners or operators, as identified by the excavator and confirmed, through the positive response system once implemented, in accordance with subsection (a) of Section 5.1, did not completely mark the entire extent or the entire segment of the proposed excavation, as identified on the prior notice or as previously documented and mutually agreed upon.
"Joint meet notification" means a notice of a meeting held prior to the excavation phase to discuss projects that cannot be adequately communicated within a normal notice request. The meeting is intended to allow the exchange of maps, plans, or schedules. It is not a locating session and shall be held at or near the excavation site, or through electronic means, if available and agreed to by all parties. "Joint meet notification" are not to be used in lieu of valid normal notice requests and are required for, but not limited to, large projects.
"JULIE, Inc." or "JULIE" means the communication system known as "JULIE, Inc." or "JULIE", utilized by excavators, designers, or any other entities covered by this Act to notify underground utility facility owners or operators of their intent to perform excavation or demolition or similar work as defined by this Act and shall include all underground utility facilities owned or operated outside the city limits of the City of Chicago.
"Large project" means a single excavation that exceeds the expiration date of a normal notice request, or involves a series of repetitive, related-scope excavations.
"Normal notice request" means a notification made by an excavator, through JULIE, in advance of a planned excavation or demolition.
(1) The notification shall be made at least 2 days,
|
| but no more than 10 days, before beginning the planned excavation or demolition.
|
|
(2) Excavation or demolition on a normal notice
|
| request is valid for 25 days from the date of the initial request unless a subsequent extension request is made.
|
|
(3) Normal notice requests shall be limited to one
|
| quarter of a contiguous mile within a municipality and one contiguous mile within any unincorporated area, which includes townships.
|
|
(4) Normal notice requests are valid for a single
|
| right-of-way with an exception for intersecting rights-of-way of 250 feet in all directions. Any excavation continuing beyond 250 feet on a connecting right-of-way shall require an additional request.
|
|
"No show request" means a notice initiated by an excavator through JULIE to the underground utility facility owners or operators notified in the prior notice that such underground utility facility owners or operators, as identified by the excavator and confirmed, once implemented, in accordance with subsection (a) of Section 5.1, either failed to mark their facilities or to communicate their non-involvement with the excavation prior to the dig start date and time on the notice.
"Notice" means any record transmitted to an underground utility facility owner or operator of JULIE which shall include, but not be limited to, cancel, damage, emergency, exposed, extension, incomplete, joint meet, no show, normal, planning design, or re-mark.
"Open cut utility locate" means a method of locating facilities that requires excavation by the underground utility facility owner or operator, or their contractor or subcontractor.
"Place" means any incorporated city, village or town, or unincorporated township or road district, listed within the JULIE database.
"Planning design request" means the process prior to the excavation phase of a project where information is gathered and decisions are made regarding the route or location of a proposed excavation. The use of the information that is obtainable pursuant to this Section is intended to minimize delays of future construction projects and not for imminent excavation. The underground utility facility owner or operator may indicate any portion of the information that is proprietary and require the planner or designer to protect the proprietary information.
"Positive response system" means an automated system facilitated by JULIE allowing underground utility facility owners or operators to communicate to an excavator the presence, absence, or response status of any conflict between the existing facilities in or near the area of excavation or demolition on each notice received.
"Pre-mark" means the use of white paint, chalk, lathe, whiskers, flags, or electronic white lining using lines or polygons to delineate the work area at the site of the proposed excavation or demolition. Unless otherwise stated on the request, all pre-marks are considered a request for a 5-foot radius of an above ground fixed structure or single point pre-mark, or a 10-foot-wide path for linear work.
(1) Physical pre-marking for the area of the planned
|
| excavation or demolition shall be accomplished prior to notifying JULIE if the area of excavation cannot be clearly and adequately identified in the normal notice request.
|
|
(2) Electronic white lining may be used when
|
| available. Electronic white lining provides an alternative method where an excavator may indicate their defined dig area visually by electronic data entry, including lines or polygons, without the need for a physical site visit. The technology allows the excavator to identify for the underground utility facility owner or operator a clear delineation of their proposed excavation area.
|
|
(3) A verbal or written pre-mark is adequate when the
|
| scope requested to be marked is narrow and explicit enough to prevent marking beyond the actual area of excavation or demolition. An existing above ground fixed structure may be referenced as a verbal or written pre-mark.
|
|
"Project owner" means the person or legal entity, public or private, that is financially responsible for the undertaking of a project that involves excavation or demolition.
"Reasonable control measurement" shall use the historical averages and add to the calculation either of the following conditions that shall be met for the place to be considered beyond the reasonable control of the underground utility facility owner or operator:
(1) the total notice volume count over the previous 7
|
| calendar days shall increase by more than 15% of the historic average, and increase by not less than 25 additional notices over the previous 7 calendar days; or
|
|
(2) the total dig site notification area over the
|
| previous 7 calendar days shall increase by more than 15% of the historic average, and not less than 0.4 additional square miles over the previous 7 calendar days.
|
|
The official measurement shall be provided by JULIE.
"Residential property owner" means any individual or entity that owns or leases real property that is used by the individual or entity as its residence or dwelling. Residential property owner does not include any persons who own or lease residential property for the purpose of holding or developing such property or for any other business or commercial purposes.
"Roadway surface milling" means the removal of a uniform pavement section by rotomilling, grinding, saw cutting, or other means that does not penetrate into the roadway base or subbase.
"Service lateral" means underground facilities located in a public right-of-way or utility easement that connects an end user's building or property to an underground utility facility owner's or operator's facility.
"Submerged" means any facility installed below the surface of a lake, river, or navigable waterway.
"Tolerance zone" means:
(1) if the diameter of the underground utility
|
| facility is indicated, the distance of one-half of the known diameter plus one and one-half feet on either side of the designated center line of the underground utility facility marking;
|
|
(2) if the diameter of the underground utility
|
| facility is not indicated, one and one-half feet on either side of the outside edge of the underground utility facility marking; or
|
|
(3) if submerged, a distance of 30 feet on either
|
| side of the indicated facility.
|
|
The underground utility facility markings provided
|
| shall not indicate that the width of the marked underground utility facility is any greater than the actual width of the underground utility facility or 2 inches, whichever is greater. 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 one and one-half foot tolerance zone horizontally around such facilities.
|
|
"Underground utility facility" or "facility" means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed or existing beneath the surface of the ground or submerged and either owned, operated, or controlled by:
(1) a public utility as defined in the Public
|
|
(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;
|
|
(5) a community antenna television system, as defined
|
| in the Illinois Municipal Code or the Counties Code;
|
|
(6) a holder or broadband service, as those terms are
|
| defined in the Cable and Video Competition Law of 2007;
|
|
(7) any other entity owning or operating underground
|
| facilities that transport or generate electrical power to other utility owners or operators;
|
|
(8) an electric cooperative as defined in the Public
|
|
(9) any other active member of JULIE.
(Source: P.A. 103-614, eff. 1-1-25.)
|
(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
(Text of Section before amendment by P.A. 103-614)
Sec. 4. Required activities. Every person who engages in nonemergency
excavation or
demolition shall:
(a) take reasonable action to inform himself 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, vacuum excavation methods, and visually inspecting the excavation while in progress until clear of the existing marked facility;
|
|
(c) 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 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 fax number, 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 shall take place;
|
|
(4) the address at which the excavation or
|
| demolition shall take place;
|
|
(5) the type and extent 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;
|
|
(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 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;
|
|
(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 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
|
|
(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 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.
|
|
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.)
(Text of Section after amendment by P.A. 103-614)
Sec. 4. Required activities. Every excavator who engages in nonemergency excavation or demolition shall:
(a) take reasonable action to inform the excavator of
|
| the location of any 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 facilities within the tolerance zone by utilizing such precautions that include, but are not limited to, hand 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 approximate location of the existing marked facility;
|
|
(c) pre-mark the area of excavation;
(d) provide notice not less than 2 days but no more
|
| than 10 days in advance of the start of the excavation or demolition to the owners or operators of the underground utility facilities at or near the excavation or demolition area through JULIE.
|
|
At a minimum, the notice required under this
|
| subsection (d) shall provide:
|
|
(1) the excavator's name, address, phone number
|
| at which the excavator can be reached, and, if available, a fax number and email address;
|
|
(2) the start date and time of the planned
|
| excavation or demolition;
|
|
(3) the county and place or places where the
|
| proposed excavation shall take place;
|
|
(4) the address or location at which the
|
| excavation or demolition shall take place;
|
|
(5) the type of work, extent, and description of
|
| the area where the excavation or demolition is to occur;
|
|
(6) the section or quarter sections when the
|
| information in items (1) through (5) of this subsection (d) does not allow JULIE 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 directional drilling will be used;
|
|
(8) an indication of whether the excavation will
|
|
(9) an indication of how the proposed excavation
|
| or demolition has been pre-marked;
|
|
(10) the identity of the project owner; and
(11) the latitude and longitude of the relevant
|
|
The information specified in items (1) through (10)
|
| is still required when providing latitude and longitude;
|
|
(e) provide, during and following excavation or
|
| demolition, such support for existing facilities in and near the excavation or demolition area as may be reasonably necessary for the protection of such facilities and known service laterals unless otherwise agreed to by the owner or operator of the underground facility or owners of any known service laterals;
|
|
(f) backfill all excavations in such manner and with
|
| such materials as may be reasonably necessary for the protection of existing facilities in and near the excavation or demolition area;
|
|
(g) when the excavation or demolition project will
|
| extend past the 25-day expiration date of the original notice provided under clause (d) or a subsequent extension notice, if marks are requested, the excavator shall pre-mark prior to requesting any subsequent extension notice;
|
|
(h) exercise due care at all times to protect
|
| facilities and known service laterals. If, after proper notification through JULIE and upon arrival at the site of the proposed excavation, the excavator observes clear evidence of the presence of an unmarked or incompletely marked facility in the area of the proposed excavation, the excavator shall provide subsequent notice through JULIE of the unmarked or incompletely marked area and shall not begin excavating until all affected facilities have been marked or 2 hours, whichever is shorter, unless a greater time is provided by the excavator through JULIE. The underground utility facility owner or operator of the facility shall respond within 2 hours unless a greater time is provided by the excavator through JULIE;
|
|
(i) when factors, including, but not limited to,
|
| weather, construction activity, or vandalism, at the excavation site have caused the facility markings to become faded or indistinguishable, the excavator shall pre-mark again and provide a re-mark request through JULIE requesting that only the affected areas where excavation or demolition is to continue be re-marked. Underground utility facility owners or operators must respond to the notice to re-mark by the dig start date and time on the notice; and
|
|
(j) for informational and planning purposes only,
|
| prior notice of large projects may be provided to underground utility facility owners or operators through JULIE greater than 10 days in advance of the large project commencing.
|
|
Nothing in this Section prohibits the use of any method of excavation if conducted in a manner that would avoid interference with facilities.
(Source: P.A. 103-614, eff. 1-1-25.)
|
(220 ILCS 50/5.2) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.2. Planning design request. (a) An underground utility facility owner or operator shall have the following responsibilities: (1) respond to a valid planning design request within |
| 10 days after receiving the request or by such other date as shall be mutually agreed upon between the underground utility facility owner or operator and the designer or planner. The underground utility facility owner or operator shall provide information regarding the location, size, if greater than 1.5 inches in diameter, which shall be generically listed as communication, electric, gas, water, sewer, streetlight, or traffic control and if direct buried or in conduit or a duct package, of facilities based on the best information available to the underground utility facility owner or operator within the scope of the proposed project;
|
|
(2) respond to a planning design request in one of
|
|
(A) provide the most current digital, KMZ file or
|
| shapefile, or paper drawings or prints, that are drawn to scale, when available, and include visible utility structures, including measurements from back of curb, sidewalk, edge of pavement, centerline of ditch, property lines, and other similar items;
|
|
(B) request the proposed plans or drawings from
|
| the designer or planner and illustrate the location of the underground utility facility owner's or operator's facilities, drawn to scale, and, if available, provide the type and size, as described in paragraph (1), of the facilities, including visible structures on the plans;
|
|
(C) locate and mark the underground utility
|
| facility owner's or operator's facilities within the scope of the proposed project, as agreed to with the planner or designer;
|
|
(D) if the responding underground utility
|
| facility owner or operator is unable to comply with paragraph (A) or (B), then the underground utility facility owner or operator shall mark the facilities within the scope of the proposed project, as agreed to with the planner or designer; or
|
|
(E) if marking of infrastructure is the preferred
|
| or required response of the underground utility facility owner or operator, the underground utility facility owner or operator need only mark main line facilities or any service lines that would otherwise be considered main line due to size or type, as described in paragraph (1); and
|
|
(3) may charge a nominal fee to locate and mark the
|
| proposed project, as described in subparagraph (C) or (D) of paragraph (2).
|
|
(b) The planner or designer shall have the following responsibilities:
(1) follow the guidelines set forth in CI/ASCE 38-02
|
| Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, as from time to time amended, when preparing plans or drawings;
|
|
(2) illustrate on all appropriate documents the
|
| position, size, and type, as described in paragraph (1) of subsection (a), of all known facilities obtained in the planning design request process and include the valid planning design request number provided by JULIE on any plans or drawings; and
|
|
(3) make all reasonable efforts to prepare the plans
|
| or drawings to minimize interference with known existing and proposed facilities in the proposed project area.
|
|
(c) A planning design request shall include the following information:
(1) name, address, telephone number, office and cell
|
| phone, and, if available, email address of the designated contact requesting the information;
|
|
(2) name, address, telephone number, office and cell
|
| phone, and, if available, email address of the project owner;
|
|
(3) the approximate date when the facility
|
| information is required; and
|
|
(4) the specific area requiring facility information
|
| by one or more of the following means:
|
|
(A) the county and place or places involved in
|
|
(B) street names involved in the proposed project
|
| or the north, south, east, and west boundaries of the proposed project or the section number or numbers involved in the proposed project;
|
|
(C) latitude and longitude coordinates of the
|
| outside edges of the proposed project;
|
|
(D) digital data such as, but not limited to,
|
| shapefiles when technology and software allow; and
|
|
(E) the type of work projected to take place
|
| within the proposed project.
|
|
Any known site-specific facility information shall be made available to the project owner to be delivered to qualified bidders of the proposed project.
(Source: P.A. 103-614, eff. 1-1-25.)
|
(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
(Text of Section before amendment by P.A. 103-614)
Sec. 6. Emergency excavation or demolition.
(a) Every 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 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 (ii) fax number, if available;
|
|
(2) the start date of the planned emergency
|
| excavation or demolition;
|
|
(3) the address at which the excavation or demolition
|
|
(4) the type and extent of the work involved.
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 person engaged in emergency excavation or demolition, the owner or operator of an underground utility facility in or near the excavation or demolition area shall communicate with the 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 person excavating that their underground facilities are not in conflict with the emergency excavation; or (3) notifying the 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 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 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 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) Every person who engages in emergency 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.
(Source: P.A. 96-714, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-614)
Sec. 6. Emergency excavation or demolition.
(a) Every excavator who engages in emergency excavation or demolition shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing facilities in and near the excavation or demolition area, and shall notify, as far in advance as possible, the underground utility facility owners or operators in and near the emergency excavation or demolition area, through JULIE. At a minimum, the notice required under this subsection (a) shall provide:
(1) the excavator's name, address, and phone number
|
| at which the excavator with knowledge of the emergency excavation or demolition can be reached and, if available, a fax number and email address;
|
|
(2) the start date and time of the emergency
|
| excavation or demolition;
|
|
(3) the address or location at which the emergency
|
| excavation or demolition will take place;
|
|
(4) the type of work, extent, and description of the
|
| area where the emergency excavation or demolition is to occur; and
|
|
(5) the county and place or places where the
|
| emergency excavation or demolition will take place.
|
|
(b) There is a minimum wait time of 2 hours after an emergency request is made through JULIE. If the conditions at the site dictate an earlier start than the date and time on the notice, it is the responsibility of the excavator to demonstrate that site conditions warranted this earlier start time.
(c) Upon notice by the excavator engaged in emergency excavation or demolition, the underground utility facility owner or operator in or near the excavation or demolition area shall communicate with the excavator 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 facilities;
(2) advising the excavator that their facilities are
|
| not in conflict with the emergency excavation or demolition; or
|
|
(3) notifying the excavator that the underground
|
| utility facility owner or operator shall be delayed in marking because of conditions as referenced in subsection (g) of Section 11 of this Act.
|
|
(d) The notice by the underground utility facility owner or operator to the excavator shall be provided utilizing the positive response system, in accordance with Section 5.1, and prior to January 1, 2026 may also be provided by phone or phone message or by marking the excavation or demolition area. The underground utility facility owner or operator has discharged the underground utility facility owner's or operator's obligation to provide notice under this Section if the underground utility facility owner or operator attempts to provide notice by positive response or by telephone but is unable to do so because the excavator does not answer the telephone or does not have an answering machine, answering service, or voicemail to receive the telephone call or positive response, in accordance with Section 5.1. If the underground utility facility owner or operator attempts to provide additional notice by telephone but receives a busy signal, that attempt shall not discharge the underground utility facility owner or operator from the obligation to provide notice under this Section.
(e) The reinstallation of traffic control devices shall be deemed an emergency for purposes of this Section.
(f) An open cut utility locate shall be deemed an emergency for purposes of this Section.
(g) During an emergency situation, where the underground utility facility owner or operator has a widespread emergency situation beyond the equipment or personnel capabilities to facilitate a timely repair or correction of the emergency, the underground utility facility owner or operator may utilize subcontractors to facilitate the work without a separate emergency notice by the subcontractor. The underground utility facility owner or operator shall be responsible for the actions of the subcontractor, unless the subcontractor has obtained the subcontractor's own emergency notice.
(h) Emergency notices provided through JULIE shall expire 10 days after the date of the notice.
(Source: P.A. 103-614, eff. 1-1-25.)
|
(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610) (Text of Section before amendment by P.A. 103-614) Sec. 10. Record of notice; marking of facilities. Upon notice by the person engaged in excavation or demolition, the 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 person excavating or demolishing to establish the location of the underground utility facilities. 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 of the ground to the top of the sewer facility. 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. 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 the damage is made to the State-Wide One-Call Notice System and the utility owner as required in Section 7. All 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. 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. Owners and operators of underground utility facilities must reasonably anticipate seasonal fluctuations in the number of locate requests and staff accordingly. If 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 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 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. The notification by the owner or operator of underground utility facilities to the person engaged in excavation or demolition may be provided in any reasonable manner including, but not limited to, notification in any one of the following ways: by face-to-face communication; by phone or phone message; by facsimile; by posting in the excavation or demolition area; or by marking the excavation or demolition area. 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 telephone or by facsimile, if the person has supplied a facsimile number, but is unable to do so because the person engaged in the excavation or demolition does not answer his or her telephone or does not have 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 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. For the purposes of this Act, underground facility operators may utilize a combination of flags, stakes, and paint 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 |
|
|
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 | 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.)
(Text of Section after amendment by P.A. 103-614)
Sec. 10. Record of notice; marking of facilities.
(a) Upon notice by the excavator, the underground utility facility owners or operators in or near the excavation or demolition area shall cause a record to be made of the notice and shall mark, by the dig start date and time indicated on the notice, the approximate locations of such facilities so as to enable the excavator to establish the location of the facilities.
For submerged facilities, when the owner or operator of the submerged facilities determines that a proposed excavation or demolition which could include anchoring, pile driving, dredging, or any other water bottom contact for any means performed is in proximity to or in conflict with, submerged facilities located under a lake, river, or navigable waterway, the owner or operator of the submerged facilities shall identify the estimated horizontal route of the submerged facilities, within 15 days or by a date and time mutually agreed to, using marking buoys, other suitable devices, or GPS location data unless directed otherwise by an agency having jurisdiction over the waters under which the submerged facilities are located.
(b) Underground utility facility owners or operators of sewer facilities 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 of the ground to the top of the sewer facility.
(c) Underground utility facility owners or operators of sewer facilities shall be required at all times to mark 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 sewer facilities owned are non-gravity,
|
| pressurized force mains; or
|
|
(3) the excavation indicated will occur in the
|
| immediate proximity of known sewer facilities that are less than 7 feet deep.
|
|
(d) Underground utility facility owners or operators of sewer facilities 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 damage is made to JULIE and the underground utility facility owners or operators as required in Section 7.
(e) All entities subject to the requirements of this Act shall plan and conduct their work consistent with reasonable business practices.
(1) Conditions may exist making it unreasonable to
|
| request that locations be marked by the dig start date and time indicated on the notice.
|
|
(A) In such situations, the excavator and the
|
| underground utility facility owner or operator shall interact in good faith to establish a mutually agreeable date and time for the completion of the request.
|
|
(B) All mutually agreed upon modifications to the
|
| dig start date and time shall be fully documented by the underground utility facility owner or operator and include, at a minimum, the date and time of the interaction, the names of the individuals involved, and acknowledgment by the individuals that agreed to the modification and the new dig start date and time that was mutually agreed upon by both parties. The underground utility facility owner or operator shall retain through JULIE, Inc., the documentation for at least 5 years after the date of the expiration of the notice.
|
|
(2) It is unreasonable to request underground utility
|
| facility owners or operators to mark all of their facilities in an affected area upon short notice in advance of a large nonemergency project.
|
|
(3) It is unreasonable to request extensive notices
|
| in excess of a reasonable excavation or demolition work schedule.
|
|
(4) It is unreasonable to request notices under
|
| conditions where a repeat request is likely to be made because of the passage of time or adverse job conditions.
|
|
(5) During periods where the notice volumes or dig
|
| site notification areas exceed the historical averages as determined by the reasonable control measurements for the place, only those additional non-emergency requests that are not part of a large project, when that large project has been submitted at least 60 days in advance of the start of the large project by underground utility facility owners or operators or their contractors or subcontractors for excavation work for the underground utility facility owners or operators within the place, may be subject to a request from the underground utility facility owner or operator or the owner or operator's locate contractors or subcontractors for an additional wait time of up to 2 days for the underground utility facility owner or operator, whether utilizing in-house or contract locators, to respond to locate and mark, or provide a no conflict response. It is the responsibility of the requesting underground utility facility owner or operator to document any modification as outlined in paragraph (1) of subsection (e) of Section 10.
|
|
(f) Underground utility facility owners or operators, whether utilizing in-house or contract locators, and the owner or operator's locate contractors or subcontractors must reasonably anticipate seasonal fluctuations in the number of notices and staff accordingly.
Seasonal fluctuations shall not be considered within the reasonable control of underground utility facility owners or operators and the owner or operator's locate contractors or subcontractors within a place or places, when the notice volumes exceed the historical averages as determined by the reasonable control measurement, for non-emergency requests for utility excavation work for underground utility facility owners or operators, that is not part of a large project that has provided at least a 60 day advance notice.
Only utility excavators when doing utility work may be impacted by this subsection and may incur an additional wait time of up to 2 days.
(g) If an underground utility facility owner or operator receives a notice under this Section but does not own or operate any facilities within the proposed excavation or demolition area described in the notice, that underground utility facility owner or operator, by the dig start date and time on the notice, shall so notify the excavator who initiated the notice in accordance with Section 5.1, and prior to January 1, 2026, 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;
|
|
(5) by marking the excavation or demolition area.
(h) The underground utility facility owner or operator has discharged the underground utility facility owner's or operator's obligation to provide notice under this Section if the underground utility facility owner or operator attempts to provide notice utilizing the positive response system, in accordance with Section 5.1, and prior to January 1, 2026, by:
(1) telephone, but is unable to do so because the
|
| excavator does not answer the telephone and 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.
|
|
If the underground utility facility owner or operator attempts to provide additional notice by telephone or by facsimile but receives a busy signal, that attempt shall not serve to discharge the underground utility facility owner or operator of the obligation to provide notice under this Section.
(i) Any excavator or legal entity, public or private, who, on or after January 1, 2026, installs a nonconductive service lateral shall ensure that the installation is locatable by electromagnetic means or other equally effective means for marking the location of the service lateral. This subsection does not apply to minor repairs to, or partial replacements of, service laterals installed prior to January 1, 2026.
(j) For the purposes of this Act, the following color coding shall be used to mark the approximate location of facilities by the underground utility facility owners or operators who may utilize a combination of flags, lathe with colored ribbon, chalk, whiskers, or paint as dig site and seasonal conditions warrant.
|
Facility type Identification Color |
|
|
Underground utility facility owner or operator or contract locator 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.
| 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. 103-614, eff. 1-1-25.)
|
(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
(Text of Section before amendment by P.A. 103-614)
Sec. 11. Penalties; liability; fund.
(a) Every person who, while engaging
in excavation or
demolition, wilfully fails to comply with the Act by failing to provide the
notice to the owners or operators of the underground facilities near the excavation or demolition area through the State-Wide
One-Call Notice System as required by Section 4 or 6 of this Act shall be subject to a
penalty of up to $5,000 for each
separate offense and shall be liable for
the damage caused to the owners or operators of the facility. Every person who fails to provide notice and willfully fails to comply with other provisions of this Act shall be subject to additional penalties of up to $2,500 for each separate offense and shall be liable for the damage caused to the owners or operators of the facility.
(b) Every person who has
provided the notice to the owners or operators of the underground utility
facilities in and near the excavation or demolition area
through the State-Wide One-Call Notice System as required by Section 4 or 6 of
this Act, but otherwise wilfully fails to comply with this Act, shall be subject to a
penalty of up to $2,500 for each
separate offense and shall be liable
for the damage caused to the owners or operators of the facility.
(c) Every person who, while engaging in excavation or demolition, has
provided the notice to the owners or operators of the underground utility
facilities in and near the excavation or demolition area
through the State-Wide One-Call Notice System as required by Section 4 or 6 of
this Act, but otherwise, while acting reasonably, damages any underground
utility facilities, shall not be subject to a penalty, but
shall be liable for the damage caused to the owners or operators of the
facility provided the underground utility facility is
properly marked as provided in Section 10 of this Act.
(d) Every person who provides
notice to the owners or operators of the underground utility facilities through the State-Wide One-Call Notice System as an emergency locate
request and the locate request is not an emergency locate request as defined in
Section 2.6 of this Act shall be subject to a penalty of up to $2,500 for each
separate offense.
(e) Owners and operators of underground utility facilities who willfully fail to comply with this Act by a failure to respond or mark the approximate location of an underground utility as required by subsection (h) of Section 4, subsection (a) of Section 6, or Section 10 of this Act after being notified of planned excavation or demolition through the State-Wide One-Call Notice System, shall be subject to a penalty of up to $5,000 for each separate offense.
(f) As provided in Section 3 of this Act, all owners or operators of
underground utility facilities who fail to join the
State-Wide One-Call Notice System by January 1, 2003 shall be subject to a
penalty of $100 per day for each separate offense. Every day an owner or
operator fails to join the State-Wide One-Call Notice System is a separate
offense. This subsection (f) does not apply to utilities operating facilities
exclusively within the boundaries of a municipality with a
population of at least 1,000,000 persons.
(g) No owner or operator of underground utility facilities shall be subject to a penalty where a
delay in marking or a failure to mark or properly mark the location of an
underground utility is caused by conditions beyond the
reasonable control of such owner or operator.
(h) Any person who is neither an agent, employee, or authorized locating
contractor of the owner or operator of the underground utility facility
nor an
excavator involved in the excavation activity
who
removes, alters, or otherwise damages markings, flags, or stakes used to mark
the
location of an
underground utility other than during the course of the
excavation for which
the markings were made or before completion of the project shall be subject to
a penalty up to
$1,000 for each separate offense.
(i) (Blank).
(j) The Illinois Commerce Commission shall have the power and jurisdiction
to, and shall, enforce the provisions of this Act. The Illinois Commerce
Commission
may impose administrative penalties as provided in this Section. The Illinois
Commerce Commission may promulgate rules and develop
enforcement policies in the manner provided by the Public Utilities Act in
order to implement compliance with this Act. When a
penalty is warranted, the following criteria shall be used in determining the
magnitude of the penalty:
(1) gravity of noncompliance;
(2) culpability of offender;
(3) history of noncompliance for the 18 months prior |
| to the date of the incident; however, when determining non-compliance the alleged violator's roles as operator or owner and the person engaged in excavating shall be treated separately;
|
|
(4) ability to pay penalty;
(5) show of good faith of offender;
(6) ability to continue business; and
(7) other special circumstances.
(k) There is hereby created in the State treasury a special fund to be
known
as the Illinois Underground Utility Facilities Damage Prevention Fund. All
penalties recovered in any action under this Section shall be paid into the
Fund and shall be distributed annually as a grant to the State-Wide
One-Call Notice System to be used in safety and informational programs to
reduce the number of incidents of damage to underground utility facilities
in Illinois. The distribution shall be made during
January of each calendar year based on the balance in the Illinois
Underground Utility Facilities Damage Prevention Fund as of December 31 of
the previous calendar year. In all such actions under this Section, the
procedure and rules of evidence shall conform with the Code of Civil
Procedure, and with rules of courts governing civil trials.
(l) The Illinois Commerce Commission shall establish an Advisory
Committee consisting of a representative from each of the following: utility
operator, JULIE, excavator, municipality, and the general public. The Advisory
Committee shall serve as a peer review panel for any contested penalties
resulting from the enforcement of this Act.
The members of the Advisory Committee shall be immune, individually and
jointly, from civil liability for any act or omission done or made in
performance of their duties while serving as members of such Advisory
Committee, unless the act or omission was the result of willful and wanton
misconduct.
(m) If, after the Advisory Committee has considered a particular contested
penalty and performed its review functions under this Act and the Commission's
rules, there remains a dispute as to whether the Commission should impose a
penalty under this Act, the matter shall proceed in the manner set forth in
Article X of the Public Utilities Act, including the provisions governing
judicial review.
(Source: P.A. 96-714, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-614)
Sec. 11. Penalties; liability; fund.
(a) Every excavator who, while engaging in excavation or demolition, willfully fails to comply with the Act by failing to provide the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4, 5, or 6 of this Act shall be subject to a penalty of not more than $5,000 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators. Every excavator who fails to provide notice and willfully fails to comply with other provisions of this Act shall be subject to additional penalties of not more than $2,500 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators.
(b) Every excavator who has provided the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4 or 6 of this Act, but otherwise willfully fails to comply with this Act, shall be subject to a penalty of not more than $2,500 for each separate offense and shall be liable for the damage caused to the underground utility facility owners or operators.
(c) Every excavator who, while engaging in excavation or demolition, has provided the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4 or 6 of this Act, but otherwise, while acting reasonably, damages any facilities, shall not be subject to a penalty, but shall be liable for the damage caused to the underground utility facility owners or operators provided the facility is properly marked as provided in Section 10 of this Act.
(d) Every excavator who provides notice to the underground utility facility owners or operators through JULIE as a no show, incomplete, or an emergency request and the request is not a no show, incomplete, or an emergency request shall be subject to a penalty of not more than $2,500 for each separate offense.
(e) Underground utility facility owners or operators who willfully fail to comply with this Act, unless otherwise stated in this Section, shall be subject to a penalty of not more than $2,500 for each separate offense. A failure to respond or mark the approximate location of facilities by the dig start date and time on the notice as required by subsection (h) of Section 4, subsection (c) of Section 6, or Section 10 of this Act after being notified of planned or emergency excavation or demolition through JULIE, shall be subject to a penalty of not more than $5,000 for each separate offense.
(1) Underground utility facility owners or operators
|
| who fail to provide a response to the positive response system by the dig start date and time on the notice, as required in subsection (b) of Section 5.1, on more than 10% of their weekly required responses for 4 or more consecutive weeks, shall be subject to a penalty of not more than $250 for each separate offense.
|
|
(2) Underground utility facility owners or operators
|
| shall not be subject to a penalty where a delay in responding through the positive response system is caused by conditions beyond the reasonable control of such underground utility facility owners or operators.
|
|
(f) As provided in Section 3 of this Act, all underground utility facility owners or operators who fail to join JULIE by January 1, 2003 shall be subject to a penalty of $100 per day for each separate offense. Every day an underground utility facility owner or operator fails to join JULIE is a separate offense.
(g) No underground utility facility owner or operator shall be subject to a penalty where a delay in marking or a failure to mark or properly mark the location of a facility is caused by conditions beyond the reasonable control of such underground utility facility owner or operator. It is the responsibility of the underground utility facility owners or operators to demonstrate how the condition affected their ability to respond and caused it to become beyond the reasonable control.
Each underground utility facility owner or operator shall staff in a manner that such underground utility facility owner or operator can respond by the dig start date and time on the notices within the underground utility facility owner's or operator's reasonable control.
(h) Any entity that is neither an agent, employee, or authorized locating contractor of the underground utility facility owner or operator nor an excavator involved in the excavation or demolition activity that removes, alters, or otherwise damages markings, flags, lathe with color ribbon, chalk, whiskers, or paint used to mark the location of facilities other than during the course of the excavation or demolition for which the markings were made or before completion of the project shall be subject to a penalty up to $1,000 for each separate offense.
(i) (Blank).
(i-5) All parties who submit alleged violations to the Illinois Commerce Commission shall use the forms provided and should submit not later than 65 days after the discovery of the alleged violation. Any alleged violation submission received after the 65-day period shall be subject to a penalty of not more than $500 but not less than $100 per occurrence. Excavators shall not be subject to a penalty under this subsection when their decision to submit an alleged violation form later than the 65-day period is a result of receiving a damage claim from an underground utility facility owner or operator after the expiration of the excavator's 65-day period for submitting an alleged violation.
(j) The Illinois Commerce Commission shall have the power and jurisdiction to, and shall, enforce the provisions of this Act. The Illinois Commerce Commission may impose administrative penalties as provided in this Section. The Illinois Commerce Commission may promulgate rules and develop enforcement policies in the manner provided by the Public Utilities Act in order to implement compliance with this Act. When a penalty is warranted, the following criteria shall be used in determining the magnitude of the penalty:
(1) gravity of noncompliance;
(2) culpability of offender;
(3) history of noncompliance for the 18 months prior
|
| to the date of the incident; however, when determining noncompliance the alleged violator's roles as underground utility facility operator or owner and the excavator shall be treated separately;
|
|
(4) (blank);
(5) show of good faith of offender;
(6) (blank); and
(7) other special circumstances.
(k) There is hereby created in the State treasury a special fund to be known as the Illinois Underground Utility Facilities Damage Prevention Fund. All penalties recovered by the Illinois Commerce Commission in any action under this Section shall be paid into the Fund and shall be distributed annually as a grant to JULIE to be used in safety and informational programs to reduce the number of incidents of damage to facilities in Illinois. The distribution shall be made during January of each calendar year based on the balance in the Illinois Underground Utility Facilities Damage Prevention Fund as of December 31 of the previous calendar year. In all such actions under this Section, the procedure and rules of evidence shall conform with the Code of Civil Procedure, and with rules of courts governing civil trials.
(l) The Illinois Commerce Commission shall establish an Advisory Committee consisting of a representative from each of the following: utility operator, excavator, municipality, the general public, and a nonmunicipal public body. The Advisory Committee shall serve as a peer review panel for any contested penalties resulting from the enforcement of this Act.
The members of the Advisory Committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of such Advisory Committee, unless the act or omission was the result of willful and wanton misconduct.
(m) If, after the Advisory Committee has considered a particular contested penalty and performed its review functions under this Act and the Illinois Commerce Commission's rules, there remains a dispute as to whether the Illinois Commerce Commission should impose a penalty under this Act, the matter shall proceed in the manner set forth in Article X of the Public Utilities Act, including the provisions governing judicial review.
(Source: P.A. 103-614, eff. 1-1-25.)
|