10-21-080 Damage to underground facilities.

   (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)

10-21-090 Liability or financial responsibility.

   (a)   Nothing in this chapter shall be deemed to create liability or financial responsibility of CDOT or its officers and employees concerning any underground facility located on the public way by issuance of any permit or license required under this Code. It is not the intent of this chapter to change any remedies in law regarding the duty of providing lateral support.

   (b)   Neither 811 Chicago 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, unless the act or omission was the result of willful and wanton misconduct.

   (c)   Any residential property owner who fails to comply with any provision of this chapter and damages underground facilities while engaging in excavation or demolition on such residential property shall not be subject to a penalty under this chapter, but shall be liable for the damage caused to the owner or operator of the damaged underground facilities.

(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

10-21-100 Limitation on liability.

   (a)   Under any membership agreement rules, the City's liability for the indemnification of the entity that is in charge of or managing 811 Chicago, or any officer, agent, or employee of that entity, or for a member of 811 Chicago or any officer, agent, or employee of a member of 811 Chicago, shall be limited to claims arising as a result of any negligent acts or omissions of the City or its officers, agents, or employees, or arising out of any negligent operation of the City's underground facilities.

   (b)   Subsection 10-21-100(a) shall not be construed to create any additional liability for the City in relation to any member of 811 Chicago with which the City may have entered into a franchise agreement. If the City's liability for indemnification under a franchise agreement is narrower than under this section, the franchise agreement controls.

(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

10-21-110 Penalties.

   (a)   Except for the City of Chicago, its departments, and its employees acting in their capacities as such, persons who violate this chapter shall be subject to the following penalties:

      (1)   A person who violates Section 10-21-040 shall be subject to a penalty of $100. Each day that a person is required, but fails, to maintain membership in 811 Chicago constitutes a separate violation of that section.

      (2)   A person who violates Section 10-21-045, 10-21-050, or 10-21-080 may be fined up to $1,000 for each separate offense, and in addition shall be sanctioned according to the following schedule:

         (A)   For the first incident, the City shall order the responsible person to satisfy training requirements established by CDOT.

         (B)   For the second incident, the City shall fine the responsible person $1,500.

         (C)   For the third incident, the City shall fine the responsible person $3,000.

         (D)   For the fourth and each subsequent incident, the City shall fine the responsible person $3,500 for the fourth incident, and increase the fine in increments of $500 for each additional incident, up to a maximum of $10,000.

      (3)   A person who owns or operates an underground facility or an underground location service who violates Section 10-21-060 or who maintains an incorrect facility map in violation of Section 10-21-060 and 10-21-040 shall be subject to a penalty of $1,000 for each separate offense. No such person shall be subject to a penalty where a delay in marking or a failure to mark or properly mark the location of an underground facility is caused by conditions beyond the reasonable control of such owner or operator.

      (4)   A person who violates Section 10-21-070 shall be subject to a penalty of not less than $1,000 nor more than $5,000 for each separate offense.

   (b)   Any training requirements ordered shall be completed within 60 days of the order. Failure to satisfy the training requirements within the required time period is a violation of this subsection and will result in a fine of $50 per day for each day the violation continues. Proof of said training must be transmitted to the Commissioner within 30 days of the completion of the training. In the event that an individual fails to get the ordered training, the Commissioner may institute an administrative enforcement action against the individual.

(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

10-21-120 Emergency telephone system outages; reimbursement.

   Any person who negligently damages an underground 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.

(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)

10-21-130 Chicago Underground Facilities Damage Prevention Fund.

   There is hereby created in the City budget a special fund to be known as the Chicago Underground Facilities Damage Prevention Fund. All fines collected as a result of a violation of Section 10-21-050 and 10-21-080 shall be deposited into this fund, and distributed as a grant to 811 Chicago, for use in safety and informational programs designed to reduce the number of incidents of damage to underground facilities in Chicago. The Commissioner shall have the authority to administer this fund, and shall provide an accounting to the Evaluation Panel on a biannual basis.

(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)

ARTICLE III. COMPLIANCE AND ENFORCEMENT (10-21-210 et seq)