(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
(Text of Section before amendment by P.A. 103-614)
Sec. 6. Emergency excavation or demolition.
(a) Every person who
engages in emergency excavation or
demolition outside of the boundaries of a municipality of at least one
million persons which operates its own one-call notice system shall take
all reasonable precautions to avoid or minimize
interference between the emergency work and existing underground utility
facilities in and near the excavation or demolition
area, through the State-Wide One-Call Notice System,
and shall notify, as far in advance as possible, the owners or operators of
such underground utility facilities in and near the
emergency excavation or demolition area, through the State-Wide One-Call
Notice System.
At a minimum, the notice required under this subsection (a) shall provide:
(1) the person's name, address, and (i) phone number |
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(2) the start date of the planned emergency
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| excavation or demolition;
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(3) the address at which the excavation or demolition
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(4) the type and extent of the work involved.
There is a wait time of 2 hours or the date and time requested on the notice, whichever is longer, after an emergency locate notification request is
made through the State-Wide One-Call Notice System. If the conditions at the
site dictate an earlier start than the required wait time, it is the
responsibility of the excavator to demonstrate that site conditions warranted
this earlier start time.
Upon notice by the person engaged in emergency excavation or demolition, the owner or operator of an underground utility facility in or near the excavation or demolition area shall communicate with the person engaged in emergency excavation or demolition within 2 hours or by the date and time requested on the notice, whichever is longer by (1) marking the approximate location of underground facilities; (2) advising the person excavating that their underground facilities are not in conflict with the emergency excavation; or (3) notifying the person excavating that the owner or operator shall be delayed in marking because of conditions as referenced in subsection (g) of Section 11 of this Act.
The notice by the owner or operator to the person engaged in emergency excavation or demolition may be provided by phone or phone message or by marking the excavation or demolition area. The owner or operator has discharged the owner's or operator's obligation to provide notice under this Section if the owner or operator attempts to provide notice by telephone but is unable to do so because the person engaged in the emergency excavation or demolition does not answer his or her telephone or does not have an answering machine or answering service to receive the telephone call. If the owner or operator attempts to provide notice by telephone or by facsimile but receives a busy signal, that attempt shall not discharge the owner or operator from the obligation to provide notice under this Section.
(b) Every person who engages in emergency excavation or demolition
within the boundaries of a municipality of at least one million persons
which operates its own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the emergency work
and existing underground utility facilities in and near
the excavation or demolition area, through the municipality's one-call
notice system, and shall notify, as far in advance as possible, the owners
and operators of underground utility facilities in and
near the emergency excavation or demolition area, through the
municipality's one-call notice system.
(c) The reinstallation of traffic control devices shall be deemed an
emergency for purposes of this Section.
(d) An open cut utility locate shall be deemed an emergency for purposes of this Section.
(Source: P.A. 96-714, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-614)
Sec. 6. Emergency excavation or demolition.
(a) Every excavator who engages in emergency excavation or demolition shall take all reasonable precautions to avoid or minimize interference between the emergency work and existing facilities in and near the excavation or demolition area, and shall notify, as far in advance as possible, the underground utility facility owners or operators in and near the emergency excavation or demolition area, through JULIE. At a minimum, the notice required under this subsection (a) shall provide:
(1) the excavator's name, address, and phone number
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| at which the excavator with knowledge of the emergency excavation or demolition can be reached and, if available, a fax number and email address;
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(2) the start date and time of the emergency
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| excavation or demolition;
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(3) the address or location at which the emergency
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| excavation or demolition will take place;
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(4) the type of work, extent, and description of the
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| area where the emergency excavation or demolition is to occur; and
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(5) the county and place or places where the
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| emergency excavation or demolition will take place.
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(b) There is a minimum wait time of 2 hours after an emergency request is made through JULIE. If the conditions at the site dictate an earlier start than the date and time on the notice, it is the responsibility of the excavator to demonstrate that site conditions warranted this earlier start time.
(c) Upon notice by the excavator engaged in emergency excavation or demolition, the underground utility facility owner or operator in or near the excavation or demolition area shall communicate with the excavator engaged in emergency excavation or demolition within 2 hours or by the date and time requested on the notice, whichever is longer by:
(1) marking the approximate location of facilities;
(2) advising the excavator that their facilities are
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| not in conflict with the emergency excavation or demolition; or
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(3) notifying the excavator that the underground
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| utility facility owner or operator shall be delayed in marking because of conditions as referenced in subsection (g) of Section 11 of this Act.
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(d) The notice by the underground utility facility owner or operator to the excavator shall be provided utilizing the positive response system, in accordance with Section 5.1, and prior to January 1, 2026 may also be provided by phone or phone message or by marking the excavation or demolition area. The underground utility facility owner or operator has discharged the underground utility facility owner's or operator's obligation to provide notice under this Section if the underground utility facility owner or operator attempts to provide notice by positive response or by telephone but is unable to do so because the excavator does not answer the telephone or does not have an answering machine, answering service, or voicemail to receive the telephone call or positive response, in accordance with Section 5.1. If the underground utility facility owner or operator attempts to provide additional notice by telephone but receives a busy signal, that attempt shall not discharge the underground utility facility owner or operator from the obligation to provide notice under this Section.
(e) The reinstallation of traffic control devices shall be deemed an emergency for purposes of this Section.
(f) An open cut utility locate shall be deemed an emergency for purposes of this Section.
(g) During an emergency situation, where the underground utility facility owner or operator has a widespread emergency situation beyond the equipment or personnel capabilities to facilitate a timely repair or correction of the emergency, the underground utility facility owner or operator may utilize subcontractors to facilitate the work without a separate emergency notice by the subcontractor. The underground utility facility owner or operator shall be responsible for the actions of the subcontractor, unless the subcontractor has obtained the subcontractor's own emergency notice.
(h) Emergency notices provided through JULIE shall expire 10 days after the date of the notice.
(Source: P.A. 103-614, eff. 1-1-25.)
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