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)

10-21-210 One-Call Adjudicatory Process.

   Compliance with this chapter shall be enforced through the One-Call Adjudicatory Process as provided for in this article. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., are hereby adopted and incorporated into this chapter as if fully set forth herein.

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

10-21-220 Powers and duties of the Commissioner.

   The Commissioner of Transportation shall act ex officio as the Director of the One-Call Adjudicatory Process, and in his discretion may appoint a designee to carry out those powers and duties. The powers and duties of the Director shall include:

   (a)   directing the management and structure of the One-Call Adjudicatory Process;

   (b)   appointing and removing Administrative Law Officers, as necessary;

   (c)   promulgating rules for the proper administration and enforcement of the One-Call Adjudicatory Process;

   (d)   monitoring and supervising the work of the Evaluation Panel;

   (e)   issuing determinations as to liability after receipt and review of reports and recommendations from the Evaluation Panel; and

   (f)   issuing discipline to CDOT employees found liable for violations of this chapter and issuing recommendations of discipline to the relevant department head whose employees are found liable for violations of this chapter.

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