Where public safety or the preservation of uninterrupted, necessary facilities service is endangered by any excavator in a negligent or unsafe manner which has resulted in or is likely to result in damage to facilities or proposing to use procedures for excavation or demolition which are likely to result in damage to facilities, or where the underground utility facility owner or operator endangers an excavator by willfully failing to respond to a notice , the underground utility facility owner or operator or the excavator or the State's Attorney or the Illinois Commerce Commission at the request of the underground utility facility owner or operator or the excavator may commence an action in the circuit court for the county in which the excavation or demolition is occurring or is to occur, or in which the person or entity complained of has its principal place of business or resides, for the purpose of having such negligent or unsafe excavation or demolition stopped and prevented or to compel the marking of facilities, either by mandamus or injunction.
220 ILCS 50/13