Iowa Attorney General
Iowa Attorney General
19/08/2024 | Press release | Distributed by Public on 19/08/2024 20:41
Attorney General Bird Sues Excavators for Violating Iowa’s One Call Law
DES MOINES-Iowa Attorney General Brenna Bird today announced that she has filed three lawsuits against contractors in Dallas, Lee, and Linn counties for conducting illegal excavations, some of which resulted in damage to underground utilities.
Under Iowa's One Call law, everyone who digs, excavates, or trenches must contact Iowa One Call at least 48 hours in advance to prevent damaging underground utility lines or causing injury. The law also requires all underground utility lines to be promptly and accurately marked in the area of a planned excavation. Iowa One Call services are free to homeowners, contractors, and professional excavators.
"Always call before you dig," said Attorney General Bird. "That one call may be the difference that saves someone from injury or from danger to a community. We all have a role to play in keeping Iowans safe."
Dallas County - Howser Concrete
Howser did not place a locate request for the excavation of a basement, erroneously assuming that because it was new construction, there would be no underground utilities nearby. Howser then hit and damaged an electrical line while digging. Howser agreed to resolve the case and pay a civil penalty of $750.
Read the full lawsuit and consent order.
Lee County - Eric Fortune, Jr.
Fortune failed to give 48-hours' notice for a planned excavation in Fort Madison and proceeded to excavate a trench without having underground utilities located and marked. During the excavation, Fortune's equipment hit and damaged a 1-inch natural gas service line. Fortune then attempted to repair the gas line himself instead of notifying the operator or appropriate authorities.
Read the full lawsuit here.
Linn County - Klima Drainage
In March 2023, Klima changed the location of its original locate request for an excavation to a new, unmarked area. There was an above-ground gas pipeline marker near the new location where Klima was digging, making it evident that there was a gas line in the area that needed to be marked. Klima agreed to settle the case and pay a civil penalty of $17,500.
Read the full lawsuit and consent order.
Iowa One Call Law
Excavators who violate the One Call law are subject to a civil penalty of 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 utility lines. Violators also may be liable for the costs to repair damage they cause.
The Iowa One Call Notification Center can be reached online at www.iowaonecall.com or by phone at 811 (or toll-free at 800-292-8989). The center is open 24 hours a day, seven days a week, 365 days a year.
Filing complaints:
To report an alleged One Call violation, go to: https://www.iowaattorneygeneral.gov/onecall/onecall-complaints-and-enforcement.
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For More Information:
Alyssa Brouillet | Communications Director
515-823-9112