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As used in this chapter:
"48 hours" means two business days, beginning at 8:00 a.m. and ending at 4:00 p.m., exclusive of Saturdays, Sundays, and the following holidays, as recognized by 811 Chicago: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving, and Christmas. Any locate request received after 4:00 p.m. on a business day will be processed as though it were received at 8:00 a.m. the next business day.
"811 Chicago" means the 24-hour service network system established by the City of Chicago that provides a free, one-call service to persons engaged in excavation and demolition, and notifies persons who own and operate underground facilities of impending excavations and demolitions within the City's corporate limits.
"Address" means the physical building address associated with an excavation or demolition. When a building address is not available, the term "address" means (1) the street segment address or range of addresses together with (2) a description of the relevant location.
"Approximate location" means a strip of land at least 36 inches wide, but not wider than the width of the underground facility plus 18 inches on either side of the facility.
"CDOT" means the Chicago Department of Transportation.
"Commissioner" means the Commissioner of CDOT or the Commissioner's designee.
"Damage" means the substantial weakening of structural or lateral support of an underground facility; the penetration or destruction of a protective coating, a housing, or another protective device of an underground facility; the partial or complete severance of an underground facility; or rendering any underground facility inaccessible.
"Demolition" means wrecking, razing, rending, moving, or removing of a structure by means of any power tool, power equipment (excluding transportation equipment), or explosives.
"Emergency excavation or demolition" means an excavation or demolition necessary to prevent a condition that poses an imminent danger to life or health, to repair a utility service outage, to prevent significant property or environmental damage, or to repair an existing unstable condition which will likely result in any of these conditions.
"Excavation" means any operation in which earth, rock, or other material located in or on the ground is moved, removed, or otherwise displaced by means of any tools, power equipment or explosives. Excavation includes, but is not limited to, grading, trenching, digging, ditching, drilling, augering, boring, tunneling, scraping, cable or pipe plowing, saw cutting, and driving. Excavation does not include digging with hand tools to a depth below the surface of up to six inches; farm tillage operations; railroad right-of-way maintenance or operations; roadway surface milling; any 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; to expose or identify underground facilities in furtherance of the completion of a locate request that does not involve the use of power equipment.
"Locate request" means a notice initiated by a person engaged in an excavation or demolition, and made through 811 Chicago, asking the persons who own and operate underground facilities to mark their facilities at the planned excavation or demolition site.
"Mismark" means a facility mark outside the maximum parameters of the approximate location of the underground facility.
"Open cut utility locate" means a method of locating underground facilities that requires excavation by the person who owns or operates the underground facility.
"Residential property owner" means any individual that owns or leases real property that is used by such individual as his own residence or dwelling. Residential property owner does not include any person who owns or leases residential property for the purpose of holding or developing such property, or for any other business or commercial purposes in the absence of a regular physical presence at that property. For example, an individual who lives in and owns or leases a single family home is a residential property owner as to that property. An individual who leases that same home to another individual is not a residential property owner as to that property. An individual who owns a multi-family dwelling is not a residential property owner as to that property.
"Roadway surface milling" means the removal of a uniform pavement section, not including the base or subbase, by rotomilling, grinding, or other means.
"Underground location service" means any entity that charges for the service of locating and marking underground facilities.
"Underground facility" means any item buried or placed below ground or submerged under water for use in connection with the storage or conveyance of water or sewage; or electronic, telephonic, or telegraphic communications; electricity; petroleum products; manufactured, mixed, or natural gas; synthetic or liquefied natural gas; propane gas; or other substances. The term "underground facilities" includes, but is not limited to, all operational underground pipes, sewers, tubing, conduits, cables, valves, lines, wires, manholes, and attachments. The term does not include any private septic system in a single- or multi-family dwelling utilized only for that dwelling and not connected to any other system.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Commissioner may promulgate rules to implement compliance with federal and state statutes and regulations related to pipeline safety and this chapter, including, but not limited to, rules pertaining to investigation of potential violations of this chapter, the Evaluation Panel, the Administrative Law Officer, and the One-Call Adjudication Process.
(b) The Commissioner shall have the authority to take such actions as may be necessary or appropriate to investigate violations of this chapter, issue Administrative Notices of Violation, and enforce this chapter. A violation of any rule promulgated pursuant to this Chapter 10-21 shall be deemed a violation of the applicable Code section.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
ARTICLE II. DUTIES AND REQUIREMENTS (10-21-040 et seq)
(a) Every person that owns or operates an underground facility located in the City of Chicago must become a member of 811 Chicago by January 1, 2017. The person shall register with 811 Chicago on-line, providing such information as the Commissioner may require, which will include at least the person's name, and the name, title, address, telephone number, and email of the person's representative designated to receive the notice of intent to engage in excavation or demolition required by Section 10-21-050. Additional system requirements may be imposed by the Commissioner for proper interface with the 811 Chicago system.
(b) If an underground facility becomes subject to this chapter on a date after January 1, 2017, or, if a person acquires an underground facility after January 1, 2017, the person who owns or operates that facility shall become a member of 811 Chicago and provide the information required under subsection 10-21-040(a) within 30 days after that date.
(c) A person owning or operating an underground facility subject to this chapter shall:
(1) provide a map of the underground facility in the electronic format required by CDOT. Any changes shall be reported to 811 Chicago within 30 days after the change; and,
(2) after receiving a notice of an unmarked, mismarked, or an incompletely marked facility, review and update any and all facility maps to ensure that the maps are complete and accurate.
(d) Property owners who own underground facilities solely by virtue of owning the property where the facilities are located are exempt from membership in 811 Chicago.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Every person who engages in non-emergency excavation or demolition shall:
(1) Take reasonable steps to learn the location of any underground facilities in and near the area where the excavation or demolition will be conducted.
(2) Plan the excavation or demolition in a manner designed to avoid or minimize interference with underground facilities by utilizing precautions including, but not limited to, hand or vacuum excavation methods, and visual inspection of the excavation while in progress until clear of the existing marked facility.
(3) If needed, physically outline the dig site.
(4) Contact 811 Chicago to request a dig ticket not less than 48 hours, but no more than 14 calendar days, in advance of the start of the excavation or demolition. At a minimum, this request shall provide:
(A) the name, address, and phone number of the person engaging in excavation or demolition, and, if available, that person's e-mail address;
(B) the start date and time of the planned excavation or demolition;
(C) a description of the dig site, including the address and any other descriptive features of the site at which the excavation or demolition will take place; and
(D) the type and extent of the work involved.
After making the request, the person undertaking the excavation or demolition will receive from 811 Chicago a valid dig ticket and dig number to be associated with any required permits. Each separate entity involved in an excavation or demolition shall acquire its own dig numbers; a dig number acquired by a primary contractor shall not cover work performed by a subcontractor. It shall be a violation of this subsection (a) for the person undertaking the excavation or demolition to request markings at the same location without having begun excavation or demolition within the 14-day period after initial marking as indicated in the original notice through 811 Chicago.
(5) Limit the excavation or demolition to the specific locations, dates, and times contained in the valid dig ticket received from 811 Chicago, and not begin until after
(A) a dig request has been submitted;
(B) the submitter has received from 811 Chicago a dig number, a valid dig ticket, and the date(s) and times when the excavation may take place; and
(C) the approximate location of underground facilities has been marked or within 48 hours of receipt of the items listed in subsection (a)(5)(B), or by the requested date and time indicated on the notice, whichever is later.
(6) If, after proper notification through 811 Chicago and arrival at the site of the proposed excavation or demolition, the person engaged in the excavation or demolition observes clear evidence of the presence of an unmarked, mismarked, or incompletely marked underground facility in the area of the proposed excavation or demolition, the person engaged in the excavation or demolition shall cease the excavation or demolition until either the underground facility has been marked or two hours after an additional call is made to 811 Chicago, whichever is sooner. A person who calls 811 Chicago under this subsection shall specify which underground facilities are marked, mismarked, or unmarked.
(7) Exercise due care at all times to avoid damaging underground facilities.
(8) During and following the excavation or demolition, provide such support for existing underground facilities in and near the excavation or demolition area as necessary for the protection of such facilities, unless otherwise approved by the persons who own or operate the underground facilities.
(9) Backfill all excavations in such manner and with such materials as specified by the CDOT rules for the protection of existing underground facilities in and near the excavation or demolition area.
(10) Between 20 and 26 days after a request for either a dig ticket or a dig ticket extension, request an extension when the excavation or demolition project will continue beyond the time limited by the dig ticket or its most recent extension, or, where applicable, upon expiration of the applicable public way permit, whichever is sooner. Extensions may only be requested at locations where excavation or demolition work has begun and activity is ongoing.
(11) Provide an additional notice through 811 Chicago requesting re-marking of the areas where excavation or demolition is to continue when confounding factors, including, but not limited to, weather, construction activity, and vandalism at the excavation or demolition site, cause underground facility markings to become faded or indistinguishable.
(b) Notice and response for emergency excavation or emergency demolition.
(1) Every person who engages in emergency excavation or emergency demolition shall take all reasonable precautions to avoid or minimize interference between the work and existing underground facilities in and near the excavation or demolition area, and shall notify through 811 Chicago, as far in advance as possible, the persons who own or operate such underground facilities. The emergency locate request required under this section shall include the information set out in subsection 10-21-050(a)(4). After providing this notice, the person undertaking the excavation or demolition will receive from 811 Chicago an emergency dig number.
(2) Any person who owns or operates an underground facility in or near an emergency excavation or emergency demolition area shall either:
(A) advise the person performing the excavation or demolition that the underground facility is not affected; or
(B) mark the approximate location of the underground facility within two hours or the time specified by 811 Chicago, whichever is longer.
(3) The advisement required under subsection 10-21-050(b)(2)(A) may be provided in person, by phone, phone message, or email. The person who owns or operates the underground facility shall be deemed to have discharged this notice obligation if the person attempts to provide notice by telephone, but is unable to do so because the person engaged in the emergency excavation or emergency demolition does not answer, and does not have an answering machine or answering service to receive the telephone call. If the person who owns or operates the underground facility attempts to provide notice by telephone but receives a busy signal, that attempt shall not discharge this notice obligation.
(4) Emergency excavation or emergency demolition shall not begin until after the approximate location of underground facilities has been marked or more than two hours have gone by since notifying 811 Chicago of the emergency. If the conditions at the site dictate an earlier start than the required wait time, the person engaging in the excavation or demolition will have the burden of establishing that site conditions warranted the earlier start time.
(5) For purposes of this section, the following shall constitute an emergency:
(A) the reinstallation of traffic control devices; and
(B) an open cut underground facility locate, meaning that excavation needs to occur to find the facility.
(6) In no event may an emergency excavation or emergency demolition project continue for more than five days. If the person undertaking the project is aware from the outset that the project will take more than five days, then the person shall proceed under subsection 10-21-050(a). If, for unforeseen reasons, a project proceeding under this subsection 10-21-050(b) is not completed within five days, the person engaged in the excavation or demolition must cease work and acquire a non-emergency dig number through the process provided in subsection 10-21-050(a), as well as all necessary permits. To avoid the requirement to cease work, the person engaged in the excavation or demolition may acquire a non-emergency dig number at any time before the expiration of the five-day emergency project period.
(7) It shall be a violation of this section to make an emergency locate request in the absence of an emergency.
(c) Nothing in this section prohibits the use of any method of excavation if conducted in a manner that would avoid interference with underground facilities.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Once 811 Chicago notifies an owner or operator of an underground facility of a planned excavation or demolition, the persons who own or operate underground facilities in or near the excavation or demolition area, or any underground location service retained for the task, shall retain a written or digital record of the notice, and shall mark, within 48 hours of receipt of the notice, or by the requested date and time indicated on the notice, whichever is later, the approximate location of such underground facility. A mismarked facility shall be a violation of this requirement.
(b) Persons who own and operate underground sewer facilities, or underground location services retained by such persons, shall respond and mark the approximate location of those underground sewer facilities when the person engaged in the excavation or demolition indicates in the notice required in subsection 10-21-050(a)(4) or 10-21-050(b)(l) that the excavation or demolition project will exceed a depth of seven feet. Persons who own and operate underground sewer facilities shall be required at all times to mark the approximate location of those sewer facilities when directional boring is the indicated type of excavation work being performed within the notice, or the excavation indicated will occur in the immediate proximity of known underground sewer facilities that are less than seven feet deep. A person who owns and operates underground sewer facilities shall not hold a person engaged in the excavation or demolition liable for damages that occur to sewer facilities that were not required to be marked under this section, provided that the person responsible for the excavation or demolition operations that damage the sewer facility makes prompt notice of the damage to 811 Chicago and to the persons owing or operating the utility, as required in Section 10-21-080. The requirements of this subsection 10-21-060(b) shall not require property owners who own underground facilities solely by virtue of owning the property where the facilities are located to mark privately owned underground facilities on their property.
(c) If a person who owns or operates an underground facility receives a notice under this section but does not own or operate any underground facilities within the proposed excavation or demolition area described in the notice, that person, within 48 hours after receipt of the notice or by the requested date and time indicated on the notice, whichever is later, shall so notify 811 Chicago. Notice to 811 Chicago from a facility owner that it does not own facilities at the site of the proposed excavation or demolition shall count as a marked facility.
(d) If a person who has complied with Section 10-21-050(a) arrives at the site of the proposed excavation or demolition and observes clear evidence of the presence of an unmarked, mismarked, or an incompletely marked underground facility in the area of the proposed excavation or demolition, and has to make an additional call to 811 Chicago for the marking of the underground facility, then the person who owns or operates the underground facility shall respond within two hours after 811 Chicago contacts the owner or operator that the person engaged in the excavation or demolition had to make the additional call to 811 Chicago.
(e) Persons who own and operate underground facilities shall provide 811 Chicago with maps which accurately reflect the location of those facilities.
(f) Persons who own or operate affected underground facilities shall respond to a notice to re-mark within the time provided by and otherwise according to this section.
(g) For the purposes of this chapter, underground facility operators and underground location services may utilize a combination of flags, stakes, and paint when dig site and seasonal conditions warrant. If the approximate location of an underground facility is marked with flags, stakes, paint or other physical means, the following color coding shall be employed:
Underground Facility
| Identification Color
|
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 |
Steam Lines | High Visibility Safety Yellow |
Telecommunications Systems | Safety Alert Orange |
OEMC, Police, and Fire 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) |
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
It shall constitute a violation of this chapter for any person who is neither an agent, employee, or authorized locating contractor of the person who owns or operates an underground facility, nor a person engaged in the excavation or demolition activity, to remove, alter, or otherwise damage markings, flags, or stakes used to mark the location of an underground facility.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
(a) In the event of damage to any underground facilities, the person responsible for the damage shall immediately notify the affected underground facility owner or operator and 811 Chicago, and cease the activity which caused the damage if the damaged facility is a threat to life or property, or if otherwise required by law. The person responsible for the damage shall not attempt to repair, clamp, or constrict the damaged underground facility unless under the supervision of the person who owns or operates the underground facility. The underground facility owner or operator may not require the person responsible for the damage to attempt to repair, clamp, or constrict a damaged underground facility. In the event that damage to an underground facility 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. The person who owns and operates underground facilities that are damaged and the person engaged in damaging activity shall work in a cooperative and expeditious manner to repair the affected underground facility.
(b) An underground facility owner or operator shall immediately report known damage of an underground facility to 811 Chicago, regardless of the source of the information of the damage.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
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