2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 50/ - Illinois Underground Utility Facilities Damage Prevention Act.

(220 ILCS 50/1) (from Ch. 111 2/3, par. 1601)
Sec. 1. 
This Act shall be known and may be cited as the Illinois Underground Utility Facilities Damage Prevention Act, and for the purposes of participating in the State of Illinois Joint Purchasing Program, the State-Wide One-Call Notice System, commonly referred to as "JULIE, Inc.", shall be considered as created by this Act.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
Sec. 2. Definitions. As used in this Act, unless the context clearly
otherwise
requires, the terms specified in Sections 2.1 through 2.11 have the
meanings
ascribed to them in those Sections.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.1) (from Ch. 111 2/3, par. 1602.1)
Sec. 2.1. "Person" means an individual, firm, joint venture,
partnership, corporation, association, municipality or other governmental
unit, department or agency, utility cooperative, or joint stock
association, and includes any trustee, receiver, or assignee or employee or agent thereof.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.3)
Sec. 2.1.3. No show request.   "No show request" means a notice  initiated  by  an  excavator  through  the State-Wide One-Call Notice System to the owners or operators of underground utility facilities notified in the prior locate request that either failed to mark their facilities or to communicate their non-involvement with the excavation prior to the requested dig start date and time.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.4)
Sec. 2.1.4. Incomplete request.  "Incomplete request" means a notice initiated by an excavator  through the State-Wide One-Call Notice System to the owners or operators of underground utility facilities notified in a prior locate request that such facility owners or operators, as identified by the person excavating,  did not completely mark the entire extent or the entire segment of the proposed excavation, as identified by the excavator in the prior notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.5)
Sec. 2.1.5. Re-mark request.   "Re-mark request" means  a notice  initiated  by  an  excavator  through  the State-Wide One-Call Notice System to the owners or operators of underground utility facilities notified in the initial locate request requesting facility owners or operators to re-mark all or part of the work area identified in the initial locate request, because facility markings are becoming or have become indistinguishable due to factors,  including,  but  not  limited  to,  weather, fading, construction activity, or vandalism.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.6)
Sec. 2.1.6. Residential property owner. "Residential property owner" means any individual or entity that owns or leases real property that is used by such 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.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.9)
Sec. 2.1.9. JULIE Excavator Handbook. "JULIE Excavator Handbook" means the handbook periodically updated and published by the State-Wide One-Call Notice System that provides information for excavators and facility owners and operators on the use and services of the State-Wide One-Call Notice System.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.1.10)
Sec. 2.1.10. Internal electric grid of a wind turbine generation farm. "Internal electric grid of a wind turbine generation farm" means those facilities located within a wind generation farm from a tower to a substation.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.2) (from Ch. 111 2/3, par. 1602.2)
Sec. 2.2. Underground utility facilities. "Underground utility facilities" or "facilities" means and includes wires, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed beneath the surface of the ground by:
(1)  a public utility as defined in the Public     Utilities Act;
(2)  a municipally owned or mutually owned utility     providing a similar utility service;
(3) a pipeline entity transporting gases, crude oil,     petroleum products, or other hydrocarbon materials within the State;
(4)  a telecommunications carrier as defined in the     Universal Telephone Service Protection Law of 1985, or by a company described in Section 1 of  the Telephone Company Act;
(5) a community antenna television system, as defined     in the Illinois Municipal Code or the Counties Code;
(6) a holder, as that term is defined in the Cable     and Video Competition Law of 2007;
(7)  any other entity owning or operating underground     facilities that transport generated electrical power to other utility owners or operators or transport generated electrical power within the internal electric grid of a wind turbine generation farm; and
(8) an electric cooperative as defined in the Public     Utilities Act.
(Source: P.A. 100-863, eff. 8-14-18.)
(220 ILCS 50/2.3) (from Ch. 111 2/3, par. 1602.3)
Sec. 2.3. Excavation. "Excavation" means any operation in which earth,
rock, or
other material in or on the ground is moved, removed, or otherwise
displaced by means of any tools, power equipment or explosives, and
includes, without limitation, grading, trenching, digging, ditching,
drilling, augering, boring, tunneling, scraping, cable or pipe plowing, and
driving
but does not include farm tillage operations or railroad right-of-way
maintenance or operations or coal mining operations regulated under the
Federal Surface Mining Control and Reclamation Act of 1977 or any State law
or rules or regulations adopted under the federal statute, or land
surveying operations as defined in the Illinois Professional Land Surveyor
Act of 1989 when not using power equipment, or roadway surface milling.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.4) (from Ch. 111 2/3, par. 1602.4)
Sec. 2.4. 
		
		"Demolition" means the wrecking, razing, rending, moving,
or removing of a structure by means of any power tool, power
equipment (exclusive of transportation equipment) or explosives.
(Source: P.A. 86-674.)
(220 ILCS 50/2.5) (from Ch. 111 2/3, par. 1602.5)
Sec. 2.5. 
		
		"Damage" means the contact or dislocation of any underground
utility facility or CATS facility during excavation or demolition which
necessitates immediate or subsequent repair by the owner of such facility.
(Source: P.A. 86-674.)
(220 ILCS 50/2.6)
Sec. 2.6. Emergency locate request. "Emergency locate request" means a
locate request for any
condition constituting an imminent danger to life, health, or property,
or a utility service outage, and which requires repair or action before the expiration of 48 hours.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2.7)
Sec. 2.7. 
		Tolerance zone. 
		"Tolerance zone" means the approximate location
of underground
utility facilities
or CATS facilities defined as a strip of land at least 3 feet wide, but not
wider than the width of
the underground facility or CATS facility plus 1-1/2 feet on either side of
such facility based upon the markings made by the owner or operator of the
facility.
Excavation within the tolerance zone requires extra care and precaution
including, but not
limited to, as set forth in Section 4.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/2.8)
Sec. 2.8. 
		Approximate location. 
		"Approximate location" means a strip of
land at least 3 feet wide, but not wider than the width of the underground
facility or CATS facility plus 1.5 feet on either side of the facility.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/2.9)
Sec. 2.9. "Forty-eight hours" means 2 business days  beginning at 8 a.m. and ending at 4 p.m. (exclusive of Saturdays, Sundays, and holidays recognized by the State-Wide One-Call Notice System or the municipal one-call notice system).   All requests for locates received after 4 p.m. will be processed as if received at 8 a.m. the next business day.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.10)
Sec. 2.10. "Open cut utility locate" means a method of locating underground utility facilities that requires excavation by the owner, operator, or agent of the underground facility.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/2.11)
Sec. 2.11. "Roadway surface milling" means the removal of a uniform pavement section by rotomilling, grinding, or other means not including the base or subbase.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
Sec. 3. 
		
		The owners or operators of underground utility facilities
or CATS facilities that are not currently participants in the State-Wide
One-Call Notice System shall, within 6 months of the effective date of this
Act, join the State-Wide One-Call Notice System.  This Section shall not
apply to utilities operating facilities or CATS facilities exclusively
within the boundaries of a municipality with a population of at least one
million persons.
(Source: P.A. 86-674.)
(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
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.)
(220 ILCS 50/5) (from Ch. 111 2/3, par. 1605)
Sec. 5. 
		Notice of preconstruction conference. 
		When the Illinois
Department of Transportation notifies an
owner or operator of an underground utility facility or CATS facility that
the Department will conduct a preconstruction conference concerning new
construction, reconstruction, or maintenance of State highways in and near
the area in which such owner or operator has placed underground utility
facilities, such notification shall, except as otherwise provided in this
Section constitute compliance by the Department or its contractors with
paragraphs (a), (b), and (d) of Section 4 of this Act.  In
instances when
notification of a preconstruction conference is provided to the owner or
operator of an underground utility facility or CATS facility but no
specific date is established at the preconstruction conference for the new
construction, reconstruction or maintenance of State highways in and near
the area in which the owner or operator has placed underground utility
facilities or CATS facilities, then the Department or its contractors shall
later comply with paragraph (d) of Section 4 of this Act.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
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     will take place; and
(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.)
(220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
Sec. 7. Damage or dislocation. In the event of any damage to or
dislocation of any underground
utility facilities in connection with any excavation or
demolition, emergency or nonemergency, the person responsible for the
excavation or demolition operations shall immediately  notify the affected
utility and the State-Wide One-Call Notice System  and cease excavation in the area of the damage when the damaged facility is a threat to life or property or if otherwise required by law or, in the case of damage
or dislocation in connection with any excavation or demolition within the
boundaries of a municipality having a population of at least 1,000,000
inhabitants that operates its
own one-call notice system, notify the affected utility and the one-call
notice system that operates in that municipality.  The person responsible for the excavation or demolition shall not attempt to repair, clamp, or constrict the damaged utility facility unless under the supervision or advisement of the utility facility owner or operator.  At no time shall a person under this Act be required by a utility facility owner or operator to attempt to repair, clamp, or constrict a damaged utility facility. In the event of any damage to any underground utility facility that results in the escape of any flammable, toxic, or corrosive gas or liquid, the person responsible for the excavation or demolition shall call 9-1-1 and notify authorities of the damage. Owners and operators of
underground utility facilities that are damaged and the excavator involved
shall work in a cooperative and expeditious manner to repair the affected
utility.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
Sec. 8. 
		Liability or financial responsibility.
(a) Nothing in this Act shall be deemed to affect or determine
the financial responsibility for any operation under this Act or liability
of any person for any damages that occur unless specifically stated otherwise.
(b) Nothing in this Act shall be deemed to provide for liability or
financial
responsibility of the Department of Transportation, its officers and
employees concerning any underground utility facility or CATS facility
located on highway right-of-way by permit issued under the provisions of
Section 9-113 of the Illinois Highway Code.
It is not the intent of this Act to change any remedies in law regarding
the duty of providing lateral support.
(c) Neither the State-Wide One-Call Notice System nor any of its officers,
agents, or employees shall be liable for damages for injuries or death to
persons or damage to property caused by acts or omissions in the receipt,
recording, or transmission of locate requests or other information in the
performance of its duties as the State-Wide One-Call Notice System, unless the
act or omission was the result of willful and wanton misconduct.
(d) Any residential property owner who fails to comply with
any provision of this Act and damages underground utility facilities or CATS
facilities while engaging in excavation or demolition on such residential
property shall not be subject to a penalty under this Act, but shall be
liable for the damage caused to the owner or operator of the damaged
underground utility facilities or CATS facilities.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
Sec. 9. 
		
		When it is shown by competent evidence in any action for
damages to underground utility facilities or CATS facilities that such
damages resulted from excavation or demolition and that the person engaged
in such excavation or demolition failed to comply with the provisions of
this Act, that person shall be deemed prima facie guilty of negligence.
When it is shown by competent evidence in any action for damages to
persons, material or equipment brought by persons undertaking excavation or
demolition acting in compliance with the provisions of this Act that such
damages resulted from the failure of owners and operators of underground
facilities or CATS facilities to comply with the provisions of this Act,
those owners and operators shall be deemed prima facie guilty of negligence.
(Source: P.A. 86-674.)
(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
Sec. 10. Record of notice; marking of facilities. 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.)
(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
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.)
(220 ILCS 50/11.3)
Sec. 11.3. 
		Emergency telephone system outages; reimbursement. 
		Any person
who negligently damages an underground facility or CATS facility causing an
emergency telephone system outage must reimburse the public safety agency that
provides personnel to answer calls or to maintain or operate an emergency
telephone system during the outage for the agency's costs associated with
answering calls or maintaining or operating the system during the outage.  For
the purposes of this Section, "public safety agency" means the same as in
Section 2.02 of the Emergency Telephone System Act.
(Source: P.A. 92-149, eff. 1-1-02.)
(220 ILCS 50/11.5)
Sec. 11.5. 
		Limitation on liability.
(a) In joining the State-Wide One-Call Notice System, a municipality's
liability,
under any membership agreement rules and regulations, for the indemnification
of (i) the entity that is in charge of or managing the System
or any officer, agent, or employee of that entity or (ii) a member of the
System or any officer, agent, or employee of a member of the System shall be
limited to claims arising as a result of the acts or omissions
of the municipality or its officers, agents, or employees or arising out of the
operations of the municipality's underground utility facilities.
(b) Subsection (a) shall not be
construed to create any additional liability for a municipality in relation to
any member of the System with which the municipality may have entered into a
franchise agreement.
If a municipality's liability for indemnification under a franchise agreement
is narrower than under this Section, the franchise agreement
controls.
(Source: P.A. 90-481, eff. 8-17-97.)
(220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
Sec. 12. 
		
		No action may be brought under Section 11 of this Act unless
commenced within 2 years after the date of violation of this Act.
(Source: P.A. 86-674.)
(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
Sec. 13. 
		Mandamus or injunction. 
		Where public safety or the
preservation
of uninterrupted,
necessary utility service or community antenna television system service is
endangered by any person engaging in excavation or demolition in a
negligent or unsafe manner which has resulted in or is likely to result in
damage to underground utility facilities or CATS facilities or
proposing to use procedures for excavation or demolition which are likely
to result in damage to underground utility facilities or CATS facilities,
or where the owner or operator of underground utility facilities or CATS
facilities endangers an excavator by willfully failing to respond to a locate
request,
the owner or operator of such facilities or the excavator or the State's
Attorney or the Illinois Commerce Commission at the request of the owner or
operator of such facilities or the excavator may commence an action
in the circuit court for the county in which the excavation or demolition
is occurring or is to occur, or in which the person complained of has his
principal place of business or resides, for the purpose of having such
negligent or unsafe excavation or demolition stopped and prevented or to
compel the marking of underground utilities facilities or CATS facilities,
either
by mandamus or injunction.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
Sec. 14. Home rule. The regulation of underground utility facilities
and CATS facilities damage prevention, as provided for in this Act, is an
exclusive power and function of the State.  A home rule unit may not
regulate underground utility facilities and CATS facilities damage
prevention, as provided for in this Act.  All units of local government,
including home rule units that are not municipalities of more than 1,000,000 persons, must comply with the provisions of this Act.  To this extent, this 
Section is  a denial and
limitation of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution. A home rule municipality of more than 1,000,000 persons may regulate underground utility facilities and CATS facilities damage prevention.
(Source: P.A. 99-121, eff. 7-23-15.)