(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)