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92_HB2138eng
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1 AN ACT concerning underground utilities facilities damage
2 prevention.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Underground Utility Facilities
6 Damage Prevention Act is amended by changing Sections 2, 2.2,
7 2.3, 4, 5, 6, 7, 8, 10, 11, 13, and 14 and adding Sections
8 2.6, 2.7, and 2.8 as follows:
9 (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
10 Sec. 2. Definitions. As used in this Act, unless the
11 context clearly otherwise requires, the terms specified in
12 Sections 2.1 through 2.8 2.5 have the meanings ascribed to
13 them in those Sections.
14 (Source: P.A. 86-674.)
15 (220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
16 Sec. 2.2. Underground utility facilities. "Underground
17 utility facilities" or "facilities" means and includes wires,
18 ducts, fiber optic cable, conduits, pipes, sewers, and cables
19 and their connected appurtenances installed beneath the
20 surface of the ground by a public utility (as is defined in
21 the Illinois Public Utilities Act, as amended), or by a
22 municipally owned or mutually owned utility providing a
23 similar utility service, except an electric cooperative as
24 defined in the Illinois Public Utilities Act, as amended, or
25 by a pipeline entity transporting gases, crude oil, petroleum
26 products, or other hydrocarbon materials within the State or
27 by a telecommunications carrier as defined in the Universal
28 Telephone Service Protection Law of 1985, or by a company
29 described in Section 1 of "An Act relating to the powers,
30 duties and property of telephone companies", approved May 16,
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1 1903, as amended, or by a community antenna television
2 system, hereinafter referred to as "CATS", as defined in the
3 Illinois Municipal Code, as amended.
4 (Source: P.A. 86-674.)
5 (220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
6 Sec. 2.3. Excavation. "Excavation" means any operation
7 in which earth, rock, or other material in or on the ground
8 is moved, removed, or otherwise displaced by means of any
9 tools, power equipment or explosives, and includes, without
10 limitation, grading, trenching, digging, ditching, drilling,
11 augering, boring, tunneling, scraping, cable or pipe plowing,
12 and driving but does not include farm tillage operations or
13 railroad right-of-way maintenance or operations or coal
14 mining operations regulated under the Federal Surface Mining
15 Control and Reclamation Act of 1977 or any State law or rules
16 or regulations adopted under the federal statute, or land
17 surveying operations as defined in the Illinois Professional
18 Land Surveyor Act of 1989 when not using power equipment.
19 (Source: P.A. 86-674; 86-1195; 87-125.)
20 (220 ILCS 50/2.6 new)
21 Sec. 2.6. Emergency locate request. "Emergency locate
22 request" means a locate request for any condition
23 constituting an imminent danger to life, health, or property,
24 or a utility service outage, and which requires immediate
25 repair or action.
26 (220 ILCS 50/2.7 new)
27 Sec. 2.7. Tolerance zone. "Tolerance zone" means the
28 approximate location of underground utility facilities or
29 CATS facilities defined as a strip of land at least 3 feet
30 wide, but not wider than the width of the underground
31 facility or CATS facility plus 1-1/2 feet on either side of
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1 such facility based upon the markings made by the owner or
2 operator of the facility. Excavation within the tolerance
3 zone requires extra care and precaution including, but not
4 limited to, as set forth in Section 4.
5 (220 ILCS 50/2.8 new)
6 Sec. 2.8. Approximate location. "Approximate location"
7 means a strip of land at least 3 feet wide, but not wider
8 than the width of the underground facility or CATS facility
9 plus 1.5 feet on either side of the facility.
10 (220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
11 Sec. 4. Required activities. Every person who engages
12 in nonemergency excavation or demolition shall:
13 (a) take reasonable action to inform himself of the
14 location of any underground utility facilities or CATS
15 facilities in and near the area for which such operation is
16 to be conducted;
17 (b) plan the excavation or demolition to avoid or
18 minimize interference with underground utility facilities or
19 CATS facilities within the tolerance zone by utilizing such
20 precautions that include, but are not limited to, hand
21 excavation, vacuum excavation methods, and visually
22 inspecting the excavation while in progress until clear of
23 the existing marked facility in and near the construction
24 area;
25 (c) if practical, use white paint, flags, stakes, or
26 both, to outline the dig site;
27 (d) (c) provide notice not more than 14 days nor less
28 than 48 hours (exclusive of Saturdays, Sundays and holidays)
29 in advance of the start of the excavation or demolition to
30 the owners or operators of the underground utility facilities
31 or CATS facilities in and near the excavation or demolition
32 area through the State-Wide One-Call Notice System or, in the
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1 case of nonemergency excavation or demolition within the
2 boundaries of a municipality of at least one million persons
3 which operates its own one-call notice system, through the
4 one-call notice system which operates in that municipality;
5 (e) (d) provide, during and following excavation or
6 demolition, such support for existing underground utility
7 facilities or CATS facilities in and near the excavation or
8 demolition area as may be reasonably necessary for the
9 protection of such facilities unless otherwise agreed to by
10 the owner or operator of the underground facility or CATS
11 facility; and
12 (f) (e) backfill all excavations in such manner and with
13 such materials as may be reasonably necessary for the
14 protection of existing underground utility facilities or CATS
15 facilities in and near the excavation or demolition area.
16 At a minimum, the notice required under clause (d) (c)
17 shall provide:
18 (1) the person's name, address, and (i) phone
19 number at which a person message can be reached and left
20 or (ii) fax number;
21 (2) the start date of the planned excavation or
22 demolition;
23 (3) the address at which the excavation or
24 demolition will take place; and
25 (4) the type and extent of the work involved; and.
26 (5) section/quarter sections when the above
27 information does not allow the State-Wide One-Call Notice
28 System to determine the appropriate geographic
29 section/quarter sections. This item (5) does not apply
30 to residential property owners.
31 Nothing in this Section prohibits the use of any method
32 of excavation if conducted in a manner that would avoid
33 interference with underground utility facilities or CATS
34 facilities.
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1 (Source: P.A. 87-125; 88-578, effective date changed to
2 7-1-95 by P.A. 88-681.)
3 (220 ILCS 50/5) (from Ch. 111 2/3, par. 1605)
4 Sec. 5. Notice of preconstruction conference. When the
5 Illinois Department of Transportation notifies an owner or
6 operator of an underground utility facility or CATS facility
7 that the Department will conduct a preconstruction conference
8 concerning new construction, reconstruction, or maintenance
9 of State highways in and near the area in which such owner or
10 operator has placed underground utility facilities, such
11 notification shall, except as otherwise provided in this
12 Section constitute compliance by the Department or its
13 contractors with paragraphs (a), (b), and (d) (c) of Section
14 4 of this Act. In instances when notification of a
15 preconstruction conference is provided to the owner or
16 operator of an underground utility facility or CATS facility
17 but no specific date is established at the preconstruction
18 conference for the new construction, reconstruction or
19 maintenance of State highways in and near the area in which
20 the owner or operator has placed underground utility
21 facilities or CATS facilities, then the Department or its
22 contractors shall later comply with paragraph (d) (c) of
23 Section 4 of this Act.
24 (Source: P.A. 86-674.)
25 (220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
26 Sec. 6. Emergency excavation or demolition.
27 (a) Every person who engages in emergency excavation or
28 demolition outside of the boundaries of a municipality of at
29 least one million persons which operates its own one-call
30 notice system shall take all reasonable precautions to avoid
31 or minimize interference between the emergency work and
32 existing underground utility facilities or CATS facilities in
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1 and near the excavation or demolition area, through the
2 State-Wide One-Call Notice System, and shall notify, as far
3 in advance as possible, the owners or operators of such
4 underground utility facilities or CATS facilities in and near
5 the emergency excavation or demolition area, through the
6 State-Wide One-Call Notice System. At a minimum, the notice
7 required under this subsection (a) shall provide:
8 (1) the person's name, address, and (i) phone
9 number at which a person can be reached and (ii) fax
10 number;
11 (2) the start date of the planned emergency
12 excavation or demolition;
13 (3) the address at which the excavation or
14 demolition will take place; and
15 (4) the type and extent of the work involved.
16 A 2-hour wait time exists after an emergency locate
17 notification request is made through the State-Wide One-Call
18 Notice System. If the conditions at the site dictate an
19 earlier start than the 2-hour wait time, it is the
20 responsibility of the excavator to demonstrate that site
21 conditions warranted this earlier start time.
22 (b) Every person who engages in emergency excavation or
23 demolition within the boundaries of a municipality of at
24 least one million persons which operates its own one-call
25 notice system shall take all reasonable precautions to avoid
26 or minimize interference between the emergency work and
27 existing underground utility facilities or CATS facilities in
28 and near the excavation or demolition area, through the
29 municipality's one-call notice system, and shall notify, as
30 far in advance as possible, the owners and operators of
31 underground utility facilities or CATS facilities in and near
32 the emergency excavation or demolition area, through the
33 municipality's one-call notice system.
34 (c) The reinstallation of traffic control devices shall
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1 be deemed an emergency for purposes of this Section.
2 (Source: P.A. 86-674; 87-125.)
3 (220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
4 Sec. 7. Damage or dislocation. In the event of any
5 damage to or dislocation of any underground utility
6 facilities or CATS facilities in connection with any
7 excavation or demolition, emergency or nonemergency, the
8 person responsible for the excavation or demolition
9 operations shall immediately notify the affected utility and
10 the State-Wide One-Call Notice System owner of such
11 facilities.
12 (Source: P.A. 86-674.)
13 (220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
14 Sec. 8. Liability or financial responsibility.
15 (a) Nothing in this Act shall be deemed to affect or
16 determine the financial responsibility for any operation
17 under this Act or liability of any person for any damages
18 that occur unless specifically stated otherwise.
19 (b) Nothing in this Act shall be deemed to provide for
20 liability or financial responsibility of the Department of
21 Transportation, its officers and employees concerning any
22 underground utility facility or CATS facility located on
23 highway right-of-way by permit issued under the provisions of
24 Section 9-113 of the Illinois Highway Code. It is not the
25 intent of this Act to change any remedies in law regarding
26 the duty of providing lateral support.
27 (c) Neither the State-Wide One-Call Notice System nor
28 any of its officers, agents, or employees shall be liable for
29 damages for injuries or death to persons or damage to
30 property caused by acts or omissions in the receipt,
31 recording, or transmission of locate requests or other
32 information in the performance of its duties as the
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1 State-Wide One-Call Notice System, unless the act or omission
2 was the result of willful and wanton misconduct.
3 (d) Any residential property owner who fails to comply
4 with any provision of this Act and damages underground
5 utility facilities or CATS facilities while engaging in
6 excavation or demolition on such residential property shall
7 not be subject to a penalty under this Act, but shall be
8 liable for the damage caused to the owner or operator of the
9 damaged underground utility facilities or CATS facilities.
10 (Source: P.A. 86-674; 87-125.)
11 (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
12 Sec. 10. Record of notice; marking of facilities. Upon
13 notice by the person engaged in excavation or demolition, the
14 person owning or operating underground utility facilities or
15 CATS facilities in or near the excavation or demolition area
16 shall cause a written record to be made of the notice and
17 shall mark, within 48 hours (excluding Saturdays, Sundays and
18 holidays) of receipt of notice, the approximate locations of
19 such facilities so as to enable the person excavating or
20 demolishing to establish the location of the underground
21 utility facilities or CATS facilities.
22 All persons subject to the requirements of this Act shall
23 plan and conduct their work consistent with reasonable
24 business practices. Conditions may exist making it
25 unreasonable to request that locations be marked within 48
26 hours. It is unreasonable to request owners and operators of
27 underground utility facilities and CATS facilities to locate
28 all of their facilities in an affected area upon short notice
29 in advance of a large or extensive nonemergency project, or
30 to request extensive locates in excess of a reasonable
31 excavation or demolition work schedule, or to request locates
32 under conditions where a repeat request is likely to be made
33 because of the passage of time or adverse job conditions.
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1 Owners and operators of underground utility facilities and
2 CATS facilities must reasonably anticipate seasonal
3 fluctuations in the number of locate requests and staff
4 accordingly. Marking need not be accomplished more than 48
5 hours in advance of the time excavation or demolition of
6 daily segments of the excavation or demolition are scheduled
7 to begin.
8 If a person owning or operating underground utility
9 facilities or CATS facilities receives a notice under this
10 Section but does not own or operate any underground utility
11 facilities or CATS facilities within the proposed excavation
12 or demolition area described in the notice, that person,
13 within 48 hours (excluding Saturdays, Sundays, and holidays)
14 after receipt of the notice, shall so notify the person
15 engaged in excavation or demolition who initiated the notice,
16 unless the person who initiated the notice expressly waives
17 the right to be notified that no facilities are located
18 within the excavation or demolition area. The notification
19 by the owner or operator of underground utility facilities or
20 CATS facilities to the person engaged in excavation or
21 demolition may be provided in any reasonable manner
22 including, but not limited to, notification in any one of the
23 following ways: by face-to-face communication; by phone or
24 phone message; by facsimile; by posting in the excavation or
25 demolition area; or by marking the excavation or demolition
26 area. The owner or operator of those facilities has
27 discharged the owner's or operator's obligation to provide
28 notice under this Section if the owner or operator attempts
29 to provide notice by telephone or by facsimile, if the person
30 has supplied a facsimile number, but is unable to do so
31 because the person engaged in the excavation or demolition
32 does not answer his or her telephone or does not have an
33 answering machine or answering service to receive the
34 telephone call or does not have a facsimile machine in
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1 operation to receive the facsimile transmission. If the
2 owner or operator attempts to provide notice by telephone or
3 by facsimile but receives a busy signal, that attempt shall
4 not serve to discharge the owner or operator of the
5 obligation to provide notice under this Section.
6 A person engaged in excavation or demolition may
7 expressly waive the right to notification from the owner or
8 operator of underground utility facilities or CATS facilities
9 that the owner or operator has no facilities located in the
10 proposed excavation or demolition area. Waiver of notice is
11 only permissible in the case of regular or nonemergency
12 locate requests. The waiver must be made at the time of the
13 notice to the State-Wide One-Call Notice System. A waiver
14 made under this Section is not admissible as evidence in any
15 criminal or civil action that may arise out of, or is in any
16 way related to, the excavation or demolition that is the
17 subject of the waiver.
18 For the purposes of this Act, underground facility
19 operators may utilize a combination of flags, stakes, and
20 paint when possible on non-paved surfaces and when dig site
21 and seasonal conditions warrant the "approximate location" of
22 underground utility facilities or CATS facilities is defined
23 as a strip of land at least 3 feet wide but not wider than
24 the width of the underground facility or CATS facility plus 1
25 1/2 feet on either side of such facility. If the approximate
26 location of an underground utility facility or CATS facility
27 is marked with stakes or other physical means, the following
28 color coding shall be employed:
29 Utility or Community Antenna Identification Color
30 Television Systems and Type
31 of Product
32 Electric Power, Distribution and
33 Transmission...................... Safety Red
34 Municipal Electric Systems............ Safety Red
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1 Gas Distribution and Transmission..... High Visibility
2 Safety Yellow
3 Oil Distribution and Transmission..... High Visibility
4 Safety Yellow
5 Telephone and Telegraph Systems....... Safety Alert Orange
6 Community Antenna Television Systems.. Safety Alert Orange
7 Water Systems......................... Safety
8 Precaution Blue
9 Sewer Systems......................... Safety Green
10 Non-potable Water and Slurry Lines.... Safety Purple
11 Temporary Survey...................... Safety Pink
12 Proposed Excavation................... Safety White
13 (Source: P.A. 86-674; 88-578 (effective date changed to
14 7-1-95 by P.A. 88-681); 88-681, eff. 7-1-95.)
15 (220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
16 Sec. 11. Penalties; liability; fund.
17 (a) Every person who, while engaging in excavation or
18 demolition, wilfully fails to comply with the Act by failing
19 to provide the notice to the owners or operators of the
20 underground facilities or CATS facility near the excavation
21 or demolition area through the State-Wide One-Call Notice
22 System as required by Section 4 of this Act and damages any
23 underground utility facilities or CATS facilities, shall be
24 subject to a penalty fine of up to $5,000 no more than $200
25 for each separate offense and shall be liable for the damage
26 caused to the owners or operators of the facility.
27 (b) Every person who, while engaging in excavation or
28 demolition, and has provided the notice to the owners or
29 operators of the underground utility facilities or CATS
30 facilities in and near the excavation or demolition area
31 through the State-Wide One-Call Notice System as required by
32 Section 4 of this Act, but otherwise wilfully fails to comply
33 with this Act and damages any underground utility facilities
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1 or CATS facilities, shall be subject to a penalty fine of up
2 to $2,500 no more than $100 for each separate offense and
3 shall be liable for the damage caused to the owners or
4 operators of the facility.
5 (c) Every person who, while engaging in excavation or
6 demolition, and has provided the notice to the owners or
7 operators of the underground utility facilities or CATS
8 facilities in and near the excavation or demolition area
9 through the State-Wide One-Call Notice System as required by
10 Section 4 of this Act, but otherwise, while acting
11 reasonably, damages any underground utility facilities or
12 CATS facilities, shall not be subject to a penalty, fine but
13 shall be liable for the damage caused to the owners or
14 operators of the facility provided the underground utility
15 facility or CATS facility is properly marked as provided in
16 Section 10 of this Act.
17 (d) Every person who, while engaging in excavation or
18 demolition, provides notice to the owners or operators of the
19 underground utility facilities or CATS facilities through the
20 State-Wide One-Call Notice System as an emergency locate
21 request and the locate request is not an emergency locate
22 request as defined in Section 2.6 of this Act shall be
23 subject to a penalty of up to $2,500 for each separate
24 offense.
25 (e) Owners and operators of underground utility
26 facilities or CATS community antenna television systems
27 facilities who wilfully fail to comply with this Act by a
28 failure to mark or to properly mark the location of an
29 underground utility or CATS facility, after being notified of
30 planned excavation or demolition through the State-Wide
31 One-Call Notice System, shall be subject to a penalty fine of
32 up to $5,000 no more than $200 for each separate offense each
33 violation resulting from the failure to mark or properly mark
34 an underground utility facility or CATS facility. No person
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1 shall be subject to such fine if the owner or operator of the
2 underground utility facilities erred in marking or failed to
3 mark such facilities as provided in Section 10 of this Act
4 and no willful damage has been committed.
5 (f) As provided in Section 3 of this Act, all owners or
6 operators of underground utility facilities or CATS
7 facilities who fail to join the State-Wide One-Call Notice
8 System by January 1, 2003 shall be subject to a penalty of
9 $100 per day for each separate offense. Every day an owner or
10 operator fails to join the State-Wide One-Call Notice System
11 is a separate offense. This subsection (f) does not apply to
12 utilities operating facilities or CATS facilities exclusively
13 within the boundaries of a municipality with a population of
14 at least 1,000,000 persons.
15 (g) No owner or operator of underground utility
16 facilities or CATS community antenna television systems
17 facilities shall be subject to a penalty fine where a delay
18 in marking or a failure to mark or properly mark the location
19 of an underground utility or CATS facility is caused by
20 conditions beyond the reasonable control of such owner or
21 operator.
22 (h) Any person who is neither an agent, employee, or
23 authorized locating contractor of the owner or operator of
24 the underground utility facility or CATS facility nor an
25 excavator involved in the excavation activity who removes,
26 alters, or otherwise damages markings, flags, or stakes used
27 to mark the location of an underground utility or CATS
28 facility other than during the course of the excavation for
29 which the markings were made or before completion of the
30 project shall be subject to a penalty up to $1,000 for each
31 separate offense.
32 (i) The excavator shall exercise due care at all times
33 to protect underground utility facilities and CATS
34 facilities. If, after proper notification through the
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1 State-Wide One-Call Notice System and upon arrival at the
2 site of a proposed excavation, the excavator observes clear
3 evidence of the presence of an unmarked utility or CATS
4 facility in the area of the proposed excavation, the
5 excavator shall not begin excavating until 2 hours after an
6 additional call is made to the State-Wide One-Call Notice
7 System for the area. The operator of the utility or CATS
8 facility shall respond within 2 hours of the excavator's call
9 to the State-Wide One-Call Notice System.
10 (j) The Illinois Commerce Commission shall have the
11 power and jurisdiction to, and shall, enforce the provisions
12 of this Act. The Illinois Commerce Commission may impose
13 administrative penalties as provided in this Section. The
14 Illinois Commerce Commission may promulgate rules and develop
15 enforcement policies in the manner provided by the Public
16 Utilities Act in order to implement compliance with this Act.
17 When a penalty is warranted, the following criteria shall be
18 used in determining the magnitude of the penalty:
19 (1) gravity of noncompliance;
20 (2) culpability of offender;
21 (3) history of noncompliance;
22 (4) ability to pay penalty;
23 (5) show of good faith of offender;
24 (6) ability to continue business; and
25 (7) other special circumstances.
26 In the event that a person has given proper notice, the
27 owner or operator of the underground utility facility or CATS
28 facility has marked the approximate location and that person
29 is unable to physically locate the underground utility
30 facility or CATS facility, where other than an "open cut"
31 method of locating must be used, within a reasonable time due
32 to conditions beyond his control and that person has notified
33 the State-Wide One-Call notice system of the owner or
34 operator of the underground utility facility or CATS facility
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1 of the need for additional and more precise markings of
2 approximate locations and the owner or operator has not
3 further and more precisely marked or located the underground
4 utility facility or CATS facility within 48 hours of
5 receiving such notice, then the person excavating or
6 demolishing, exercising reasonable care, shall not be liable
7 for damages to the facilities. Actions to recover the
8 penalty provided for in this Section shall be brought by the
9 State's Attorney of the county where the damage occurred, at
10 the request of the owner or operator of the underground
11 utility facilities or CATS facilities damaged, or at the
12 request of any person when the owner or operator fails to
13 comply with this Act, or at the request of the Illinois
14 Commerce Commission in the name of the People of the State of
15 Illinois, in the circuit court for that county, or for the
16 county in which the person complained of has its principal
17 place of business or resides.
18 (k) There is hereby created in the State treasury a
19 special fund to be known as the Illinois Underground Utility
20 Facilities Damage Prevention Fund. All penalties recovered
21 in any action under this Section shall be paid into the Fund
22 and shall be distributed annually as a grant to the
23 State-Wide One-Call Notice System to be used in safety and
24 informational programs to reduce the number of incidents of
25 damage to underground utility facilities and CATS facilities
26 in Illinois. The distribution shall be made during January
27 of each calendar year based on the balance in the Illinois
28 Underground Utility Facilities Damage Prevention Fund as of
29 December 31 of the previous calendar year. In all such
30 actions under this Section, the procedure and rules of
31 evidence shall conform with the Code of Civil Procedure, and
32 with rules of courts governing civil trials.
33 (l) The Illinois Commerce Commission shall establish an
34 Advisory Committee consisting of a representative from each
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1 of the following: utility operator, JULIE, excavator,
2 municipality, and the general public. The Advisory Committee
3 shall serve as a peer review panel for any contested
4 penalties resulting from the enforcement of this Act.
5 The members of the Advisory Committee shall be immune,
6 individually and jointly, from civil liability for any act or
7 omission done or made in performance of their duties while
8 serving as members of such Advisory Committee, unless the act
9 or omission was the result of willful and wanton misconduct.
10 (m) If, after the Advisory Committee has considered a
11 particular contested penalty and performed its review
12 functions under this Act and the Commission's rules, there
13 remains a dispute as to whether the Commission should impose
14 a penalty under this Act, the matter shall proceed in the
15 manner set forth in Article X of the Public Utilities Act,
16 including the provisions governing judicial review.
17 Any residential property owner that fails to comply with
18 any provision of this Act and damages underground utility
19 facilities or CATS facilities while engaging in excavation or
20 demolition on land owned by the residential property owner
21 shall not be subject to a fine but shall be liable for the
22 damage caused to the owner or operator of the underground
23 utility facilities or CATS facilities.
24 (Source: P.A. 86-674.)
25 (220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
26 Sec. 13. Mandamus or injunction. Where public safety or
27 the preservation of uninterrupted, necessary utility service
28 or community antenna television system service is endangered
29 by any person engaging in excavation or demolition in a
30 negligent or unsafe manner which has resulted in or is likely
31 to result in damage to underground utility facilities or CATS
32 facilities, or is proposing to use procedures for excavation
33 or demolition which are likely to result in damage to
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1 underground utility facilities or CATS facilities, or where
2 the owner or operator of underground utility facilities or
3 CATS facilities endangers an excavator by willfully failing
4 to respond to a locate request, the owner or operator of such
5 facilities or the excavator or the State's Attorney or the
6 Illinois Commerce Commission at the request of the owner or
7 operator of such facilities or the excavator may commence an
8 action, or the State's Attorney, at the request of the owner
9 or operator of such facilities or the Illinois Commerce
10 Commission, shall commence an action, in the circuit court
11 for the county in which the excavation or demolition is
12 occurring or is to occur, or in which the person complained
13 of has his principal place of business or resides, for the
14 purpose of having such negligent or unsafe excavation or
15 demolition stopped and prevented or to compel the marking of
16 underground utilities facilities or CATS facilities, either
17 by mandamus or injunction.
18 (Source: P.A. 86-674.)
19 (220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
20 Sec. 14. Home rule. The regulation of underground
21 utility facilities and CATS facilities damage prevention, as
22 provided for in this Act, is an exclusive power and function
23 of the State. A home rule unit may not regulate underground
24 utility facilities and CATS facilities damage prevention, as
25 provided for in this Act. All units of local government,
26 including home rule units, must comply with the provisions of
27 this Act. This Section is a denial and limitation of home
28 rule powers and functions under subsection (h) of Section 6
29 of Article VII of the Illinois Constitution.
30 (Source: P.A. 86-674.)
31 Section 99. Effective date. This Act takes effect July
32 1, 2002.
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