The Illinois Underground Utility Facilities Damage Prevention Act By WILLIAM T. SUNLEY, Engineer of Local Roads and Streets Illinois Department of Transportation

Public Act 86-674 known as the "Illinois Underground Utility Facilities Damage Prevention Act" was signed by Governor Thompson on September 1, 1989. This legislation establishes liability for damage to underground utility facilities during excavation and outlines procedures that must be followed before any excavation or demolition operation begins. The Act, which is applicable to all excavations and demolitions both on and off highway right-of-way, takes effect January 1, 1991. At that time much of the current voluntary usage of the statewide one-call notice system called JULIE (Joint Utility Locating Information for Excavators) will be mandatory.

"Excavation" as defined in the Act includes all grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving. "Demolition" includes wrecking, razing, rending, moving, or removing of a structure by means of any power tool, power equipment or explosives. The only exempted activities are farm tillage and railroad right-of-way maintenance.

Prior to any non-emergency excavation or demolition the act requires that a person or agency: (1) take reasonable action to inform himself of the location of underground utility facilities, (2) plan the excavation or demolition to avoid or minimize interference with the underground utility facilities, (3) provide notice through the State-Wide One-Call Notice System not more than 14 days nor less than 48 hours in advance of the start of the operation, (4) provide support for existing underground utility facilities during and following the operation, and (5) properly backfill all excavations. In emergency excavation and demolition operations, all reasonable precautions should be taken and notice given as far in advance as possible.

Owners or operators of underground utility facilities that are not currently participants in the State-Wide One-Call System must join by July 1, 1991. Owners included under this Act are all pipeline entities, telecommunications carriers and community antenna television systems and all public, municipal and mutually owned utilities except electric cooperatives. The law does not apply to owners operating facilities exclusively within the City of Chicago.

The legislation also requires utility owners or operators to (1) cause a written record to be made of the notice and (2) mark, within 48 hours (excluding Saturdays, Sundays and holidays) of receipt of notice, the approximate locations of utility facilities. For the purpose of this Act, the "approximate location" of underground facilities is defined as a strip of land at least 3 feet wide but not wider than the width of the underground facility plus 1 1/2 feet on either side of such facility. There is no requirement to mark the approximate depth.

Physical markings must conform to the color code adopted by the American Public Works Association in 1980:

• Gas, oil or petroleum .... High visibility Yellow

• Electric .......................... Safety Red

• Communication, Telephone, TV .. Alert Orange

• Potable Water ............... Precaution Blue

• Sewer.......................... Safety Green

In the event that the approximate location has been marked and the person excavating is unable to physically locate the underground facility and needs more precise markings, he must notify the State-Wide One-Call notice system or the facility owner of the need for

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more precise markings. These markings shall be made within 48 hours of receiving such notice.

Failure to comply with the procedures found in this Act results in fines for the owner or operator of the underground utility facility and for the person engaged in excavation or demolition. Compliance with the notification portion can be achieved by making one toll-free telephone call to JULIE (800-892-0123) at least 2 working days prior to planned excavation. This will give affected utilities a chance to protect their installations. If the utilities fail to locate, the excavator is not liable for damage to an underground facility but is required to immediately notify the utility owner of such damage. When the underground utility is properly marked by the owner or operator, the person engaged in the excavation or demolition is liable for any damages caused to the facility.

By requiring statewide participation of nearly all utilities and providing procedures and time frames for locating underground facilities, this Act provides highway agencies with a means to avoid: (1) delays caused by utilities not providing timely location service and (2) some possibly large unexpected costs associated with replacement of damaged utility facilities.

One apparent shortcoming of the law is that while it includes highway right-of-way, there is no reference to Section 9-113 of the Illinois Highway Code. Section 9-113 states that utility owners must first obtain written permission from the appropriate highway authority before placement of utility facilities within the highway right-of-way. Portions of permits issued pursuant to Section 9-113 covering liability for damages, responsibility for precise markings, utility removal and relocation may be in conflict with the new Act.

In an attempt to correct this shortcoming the Illinois Department of Transportation is proposing an amendment to the Illinois Underground Utilities Damage Prevention Act which exempts the Department from requirements of the Act when utilities are located on highway right-of-way by permit. •

News items and photographs of interest indicating new developments and progress in your municipality are always of interest to our readers. You are urged to send such information to the ILLINOIS MUNICIPAL REVIEW for publication. Be sure your information is complete. All photographs should be black and white glossy prints. —Editor

Page 12 / Illinois Municipal Review / May 1990