Iowa AG files One Call lawsuits

by Bryan Cohen |
Dec. 30, 2013, 9:17pm

DES MOINES, Iowa (Legal Newsline) - Iowa Attorney General Tom Miller filed lawsuits Friday against four contractors who allegedly damaged natural gas and electrical lines during excavations without first notifying Iowa One Call.

The suits, which allege six illegal excavations in Linn, Polk, Scott and Warren Counties, named Rain Pro Inc.; Eagle Ridge LC; Carl B. Durham Sr., doing business as Durham Remodeling & Repair; and Ron Oxford, doing business as Oxford Ditching.

In five of the cases, equipment hit and damaged natural gas pipelines, resulting in the release of natural gas. Equipment in the sixth case did not damage the natural gas pipeline but instead severed an electrical line.

The four defendants entered into consent decrees assessing civil penalties and permanently enjoining them from further violations of the One Call law.

The One Call law requires 48 hours notice prior to excavating so that underground lines can be located and marked.

Pursuant to the consent decrees, if approved by the court, Rain Pro will pay a $10,000 civil penalty and be permanently enjoined from additional violations of the One Call law, while Eagle Ridge LC will pay a $3,500 civil penalty and also be permanently enjoined from violations of the One Call law.

Additionally, if approved by the court, Carl B. Durham Sr. will pay a $3,500 civil penalty while Ron Oxford will pay a $3,000 civil penalty. Both would also be permanently enjoined from further One Call law violations.

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