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A.G. Miller: Seeks penalties for "One Call" violations
3/3/2010

Attorney General Seeks Penalties

for “One Call” Violations

Lawsuits are filed in Polk, Poweshiek and Franklin Counties.

Des Moines, March 3, 2010. The Attorney Generals Office has filed lawsuits in three counties alleging excavators failed to notify the “One Call” hotline before conducting excavations. The suits ask the courts to order civil penalties and prohibit further violations.

“The One Call law requires at least 48-hour advance notice before excavations, so underground lines can be marked and avoided,” said Attorney General Tom Miller.

“In one case, an excavator hit a Qwest fiber optic line and knocked out about 70,000 calls last November,” Miller said. “In the other two cases, the excavators came close to hitting natural gas or other hazardous liquid pipelines. Fortunately, there were no explosions or deaths this time, but the cases show why the One Call law is so important,” he said.

“The One Call law protects the public, and it protects excavators from injury or death,” Miller said. “It protects the environment and prevents costly disruptions. It’s fast, it’s easy, and it’s free. It just makes sense – and it’s the law. Go to http://www.iowaonecall.com, or call 800-292-8989.”

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Details on cases in Polk, Poweshiek and Franklin counties:

Polk County: Lawsuit filed 3-3-10 vs. Mihalovich Plumbing & Heating Co. of 5278 N.E. 14th St., Des Moines, Iowa . The Polk County District Court lawsuit alleges:

C Mihalovich conducted excavations on November 5, 2009, to install new water service at 857-9th Street, Altoona, Iowa , but failed to provide notice of the excavations and proceeded before underground facilities were located and marked.

C Mihalovich hit and severed a 24-strand Qwest fiber optics line and a telephone service line, failed to notify the operator of the fiber optics line or the homeowner of the damage, and then backfilled over the damaged lines.

C The damaged Qwest fiber optics line disrupted 9-1-1 service and blocked approximately 70,000 calls to and from the cities of Runnells, Colfax, PrairieCity, and Oskaloosa. The cost of repairs to the fiber optics and telephone service lines exceeded $14,000.

Poweshiek County: Lawsuit filed 3-3-10 vs. Randy Van Kooten of Lynnville, Iowa. The Poweshiek County District Court lawsuit alleges:

C Van Kooten conducted excavations with a bulldozer on December 3, 2008, to clear trees and brush in rural PoweshiekCounty without first contacting the OneCallNotificationCenter and before underground facilities were located and marked.

C During the excavations, Van Kooten’s bulldozer missed by only 6 inches an 8-inch diameter hazardous liquids pipeline carrying propane under 783 pounds per square inch of pressure, and another pipeline, only 25 feet away, carrying petroleum.

C The pipeline operator, Magellan Midstream Partners LP, discovered the excavations and advised Van Kooten of the need to call the OneCallCenter, but Van Kooten continued with the excavation.

C In a separate incident three months later, on March 5, 2009, Van Kooten conducted excavations with a backhoe at 5124-16th Street in rural Poweshiek County, without first contacting the One Call Notification Center, in the vicinity of telephone lines owned and operated by the Sully Telephone Association.

Franklin County: Lawsuit filed February 1, 2010, vs. Dennis Lambertson of Aredale, Iowa. The Franklin County District Court lawsuit alleged:

C Lambertson conducted excavations with a bulldozer on April 6, 2009, to repair a drainage way in rural FranklinCounty without first contacting the OneCallNotificationCenter and before underground facilities were located and marked.

C The excavations crossed directly over a natural gas pipeline under 705 pounds per square inch of pressure.

The lawsuit was resolved on February 12, 2010, when Franklin County District Court Judge John Mackey approved a consent decree entered into by Lambertson and Miller’s office. The Court’s decree prohibited further violations and assessed a $3000 civil penalty, which has been paid by Lambertson.

Background on Iowa’s “One Call” Law:

Iowa’s OneCallCenter is reached at 1-800-292-8989, or via the national 8-1-1 number. It is located in Davenport and is open 24 hours a day, seven days a week, 365 days a year. A team of about 40 customer service personnel handles over 50,000 calls a month during peak seasons. The OneCallCenter sends “locate requests” immediately to utility companies, who are required to mark underground utility locations within 48 hours with flags or paint showing where underground lines are located. The One Call web site is: http://www.iowaonecall.com.

Utility operators locate and mark underground facilities such as gas, hazardous liquids, communications, electric, cable TV, water, and sewer lines. Each year, Iowa One Call personnel handle more than 400,000 incoming calls, and they coordinate over two million underground facility “locates” in Iowa.

Iowa’s One Call law (Iowa Code Ch. 480) has been in effect since 1993. The Iowa One Call operation is paid-for by owners and operators of pipelines and other underground facilities. Services provided by Iowa One Call are free of charge to excavators. Violators are subject to a civil penalty up to $10,000 per day for violations related to natural gas and hazardous liquid pipelines, and up to $1,000 per day involving other underground facilities. Violators also may be liable for the repair costs of damaged facilities.

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