Anyone planning to dig is required by law to call Iowa One Call to locate underground utilities.
Iowa’s Attorney General announced seven lawsuits in six counties in cases where construction started without a call to check for underground utility lines. AG spokesman Geoff Greenwood says the complaints involve natural gas lines.
“In all of these cases, they either hit a natural gas line or they got very close to hitting one,” Greenwood says. The suits involve companies or individuals in Linn, Palo Alto, Jasper, Woodbury, Franklin, and Pottawattamie counties. Anyone who digs is supposed to dial up the Iowa One Call Center, at 1-800-292-8989, or 811, to have them come and mark underground lines.
“In these cases, nobody was injured…no explosions, fires anything like that, but we’ve had cases before where people have been hurt, we’ve had explosions, we’ve had situations where power has been knocked out or emergency communications lines have been knocked out,” Greenwood says. “If an excavator doesn’t call One Call before they dig, they are threatening themselves and they are threatening the public. We take these cases very seriously.”
The law has been in place for over two decades. Greenwood says anyone who digs has been required to make the call since 1993. Even with years of promoting the call-in number and high-profile cases, Greenwood doesn’t know why people still dig without taking the time to call.
“It’s hard to say, and there may be various reasons why they didn’t call. But one reason is not cutting costs, it’s a free call. There’s no reason why they shouldn’t call,” according to Greenwood. “We think that in some cases it’s possible that it was a case of poor planning. A company moved up a dig order or moved up a project and didn’t do so in time to call.”
The call center is open 24-hours a day, 365 days a year. The people in these seven cases face fines from $3,500 up to $5,000. “We handle these on a case-by-case basis. There are a situations where we have filed cases that resulted in a major threat to the public — there was a large explosion, there was a power outage, there was a communications outage. In other cases it was nothing more than the excavator got very close to a line and we still file cases,” Greenwood says.
Violators are subject to a civil penalty of up to $10,000 each day for violations related to natural gas and hazardous liquid pipelines, and up to $1,000 each day involving other underground facilities.
Here is a summary of the cases:
Knutson Construction Services Midwest Inc. (Linn County)
According to Miller’s lawsuit, on July 22, 2013, Knutson Construction Services Midwest Inc., of Iowa City, conducted an excavation to remove concrete and install short vertical posts, called crash bollards, at the Cedar Rapids Public Library at 450 5th Avenue S.E. in Cedar Rapids. Knutson conducted the excavation within a few feet of a natural gas meter without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, Knutson hit and severed a one-inch diameter natural gas pipeline. Natural gas leaked but did not explode. MidAmerican Energy repaired the pipeline.
Leroy & Sons, Inc. (Palo Alto County)
District Court Judge Don E. Courtney ordered that Leroy & Sons Inc., of Arcadia, pay a $5,000 civil penalty and permanently enjoined the company from violating the One Call law. According to Miller’s lawsuit, on May 9, 2014, Leroy & Sons Inc. conducted an excavation to clean out a waterway in in rural Palo Alto County, Iowa, without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, the company’s bulldozer and road grader went directly over a four-inch diameter natural gas pipeline, removing six to eight inches of soil cover.
Norm Rozendaal Tiling Inc. (Jasper County)
According to Miller’s lawsuit, on November 1, 2013, Norm Rozendaal Tiling Inc., of Monroe, conducted an excavation to install drainage tile in rural Jasper County, without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, the company’s tiling equipment hit and damaged a four-inch diameter natural gas pipeline. The damage resulted in the release of natural gas and emergency response by Northern Natural Gas, the Jasper County Sheriff’s Office, and the Monroe Fire Department. During pipeline repairs, Northern Natural Gas utilized natural gas bottle trucks to maintain service in Colfax, Prairie City, and Monroe.
Olmstead Construction Inc. (Linn County)
According to Miller’s lawsuit, on June 27, 2013, Olmstead Construction Inc., of Cedar Rapids, conducted an excavation at 101 8th Avenue in Marion, without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, the defendant’s backhoe hit and severed a one-inch diameter natural gas pipeline. Natural gas was released but did not explode. MidAmerican Energy subsequently repaired the pipeline.
Perez Construction (Woodbury County)
If approved by a judge, Sindy Perez d/b/a Perez Construction, of Sergeant Bluff, will pay a $3,500 civil penalty and will be permanently enjoined from further violations of the One Call law, through a proposed court order. According to Miller’s petition, on June 1, 2012, Perez Construction requested locates of underground facilities for an excavation to install a fence at 3104 Jones Street in Sioux City. During the excavation four days later, the company’s equipment hit and severed a one-inch diameter natural gas pipeline. The defendant failed to notify the owner of the pipeline, MidAmerican Energy, of the damaged pipeline. The defendant or the defendant’s employee attempted a crude repair to the pipeline by attaching a mechanical coupling, wrapping the pipeline with duct tape, pouring cement over the damaged pipeline, and then backfilling over the pipeline. Nearly two years later, a neighbor reported to MidAmerican Energy a strong odor of gas. MidAmerican Energy investigated and determined that the pipeline had been damaged and was leaking. MidAmerican turned off the gas flow and repaired the pipeline. The petition seeks civil penalties and injunctive relief.
Roy E. Plagge (Franklin County)
District Court Judge James M. Drew ordered that Roy E. Plagge, of Latimer, pay a $5,000 civil penalty and permanently enjoined Plagge from violating the One Call law. According to Miller’s lawsuit, on September 22, 2014, the defendant conducted an excavation to install drainage tile in rural Franklin County, without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, the defendant’s tiling equipment hit and damaged in two locations a four-inch diameter natural gas pipeline. The damage resulted in leaking natural gas but no explosion. The defendant notified the owner of the pipeline, Northern Natural Gas of the damaged pipeline. Northern Natural Gas, the Franklin County Sheriff, and the local fire department dispatched emergency response staff to the site. During pipeline repairs, Northern Natural Gas used natural gas bottle trucks to maintain service in Chapin, Rockwell, and Sheffield.
Wes Casson & Son, LLC (Pottawattamie County)
District Court Judge Timothy O’Grady Monday ordered that Wes Casson & Son LLC, of McClelland, pay a $5,000 civil penalty and permanently enjoined the company from violating the One Call law. According to Miller’s lawsuit on November 11, 2013, the company conducted an excavation to install drainage tile and terraces in rural Pottawattamie County, without first contacting the Iowa One Call notification center and, thereby, failed to provide notice to operators of underground facilities. During the excavation, the company’s tiling equipment came to within seven feet of an eight-inch diameter natural gas pipeline, and during terracing went directly over the pipeline.