Sec. 6. Emergency excavation or demolition.
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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 at which the excavator with
knowledge of the emergency excavation or demolition can be reached and, if available, a fax number and email address;
(2)the start date and time of the emergency excavation or demolition;
(3)the address or location at which the emergency excavation or demolition will take
place;
(4)the type of work, extent, and description of the area where the emergency excavation
or demolition is to occur; and
(5)the county and place or places where the emergency excavation or demolition will
take place.
(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 not in conflict with the emergency
excavation or demolition; or
(3)notifying the excavator that the underground utility facility owner or operator
shall be delayed in marking because of conditions as referenced in subsection
(g)of Section 11 of this Act.
(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.