Illinois · statute · 220 ILCS 50 · 21 active provisions
This Act shall be known, and may be cited, as the Illinois Underground Utility Facilities Damage Prevention Act, and for the purposes of participating in the State of Illinois Joint Purchasing Program, the One-Call Notice System, commonly referred to as "JULIE, Inc.", shall be considered as created by this Act.(Source:…
Definitions. As used in this Act, unless the context clearly otherwise requires, the terms specified in this Section have the meanings ascribed to them in this Section. "Approximate location" means the location of the marked facility that lies entirely within the tolerance zone. Circumstances that are "beyond the reaso…
JULIE Membership. The owners or operators of underground utility facilities are required to be members of JULIE. JULIE shall require that all facility information needed to operate JULIE within each underground utility facility owner's or operator's domain be identified and provided by the underground utility facility…
Required activities. Every excavator who engages in nonemergency excavation or demolition shall: (a) take reasonable action to inform the excavator of the location of any facilities in and near the area for which such operation is to be conducted; (b) plan the excavation or demolition to avoid or minimize interference…
Watch and protect. (a) If, upon notice from JULIE, an underground utility facility owner or operator determines that the facility is within the proposed excavation area and the underground utility facility owner or operator desires to have an authorized representative present during excavation near the facility, the un…
Positive response system. (a) Beginning January 1, 2026, an excavator shall confirm through the positive response system prior to excavation or demolition that all underground utility facility owners or operators that are identified on the notice have provided a status update, responded, or marked or provided an all-cl…
Planning design request. (a) An underground utility facility owner or operator shall have the following responsibilities: (1) respond to a valid planning design request within 10 days after receiving the request or by such other date as shall be mutually agreed upon between the underground utility facility owner or ope…
Joint meet notification. (a) A joint meet notification shall include the following information: (1) the excavator's name, address, phone number at which the excavator can be reached, and, if available, a fax number and email address; (2) the county and place or places where the work will be performed; (3) street names…
Geographic information system data. Geographic information system data shall be provided to JULIE by any county or State agency that has provided substantially similar data to any other not-for-profit or State agency utilizing such data for public display of information or to be utilized by a not-for-profit or agency i…
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 possi…
Damage or dislocation. (a) In the event of any damage to or dislocation of any facilities in connection with any excavation or demolition, emergency or nonemergency, the excavator responsible for the excavation or demolition operations shall immediately notify the affected underground utility facility owner or operator…
Exposed facility. (a) If any previously unmarked facility is exposed during excavation or demolition, emergency or nonemergency, the excavator responsible for the excavation or demolition operations shall immediately notify JULIE. (b) At a minimum, the notice required under this Section shall provide: (1) a reference t…
Liability or financial responsibility. (a) Nothing in this Act shall be deemed to affect or determine the financial responsibility for any operation under this Act or liability of any entity or individual for any damages that occur unless specifically stated otherwise. (b) Nothing in this Act shall be deemed to provide…
Negligence. (a) When it is shown by competent evidence in any action for damages to facilities that such damages resulted from excavation or demolition and that the excavator engaged in such excavation or demolition failed to comply with the provisions of this Act, that excavator shall be deemed prima facie guilty of n…
Record of notice; marking of facilities. (a) Upon notice by the excavator, the underground utility facility owners or operators in or near the excavation or demolition area shall cause a record to be made of the notice and shall mark, by the dig start date and time indicated on the notice, the approximate locations of…
Penalties; liability; fund. (a) Every excavator who, while engaging in excavation or demolition, willfully fails to comply with the Act by failing to provide the notice to the underground utility facility owners or operators in and near the excavation or demolition area through JULIE as required by Section 4, 5, or 6 o…
Emergency telephone system outages; reimbursement. Any excavator who negligently damages a 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 cost…
Limitation on liability. (a) In joining JULIE, a municipality's liability, under any membership agreement rules and regulations, for the indemnification of (i) the entity that is in charge of or managing JULIE or any officer, agent, or employee of JULIE or (ii) an underground utility facility owner or operator of JULIE…
Noncompliance and enforcement action time frames. No action may be brought by the Illinois Commerce Commission under Section 11 of this Act unless commenced within 2 years after the date of the alleged violation of this Act. Beginning January 1, 2025, all parties submitting alleged violations to the Illinois Commerce C…
Mandamus or injunction. 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…
Home rule. The regulation of facilities damage prevention, as provided for in this Act, is an exclusive power and function of the State. A home rule unit may not regulate facilities damage prevention, as provided for in this Act. All units of local government, including home rule units that are not municipalities of mo…