Iowa Attorney General files three lawsuits for illegal excavations resulting in underground infrastructure damage

(UI) — On August 19, Iowa Attorney General Brenna Bird announced that she filed three lawsuits against contractors in Dallas, Lee, and Linn counties for illegally excavating and damaging various underground utilities.

Under Iowa’s One Call law, contractors and homeowners must contact Iowa One Call two days ahead to reduce underground infrastructure damage by marking utility lines in the excavation area.

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 three lawsuits are:

Klima Drainage, Linn County

Klima Drainage agreed to pay over $17,000 in penalties for an incident in 2023, when the company changed the location of its original locate request. The new area, which was unmarked, was near an above-ground gas pipeline marker, indicating that underground infrastructure would need to be marked.

Howser Concrete, Dallas County

According to Attorney General Bird, Howser Concrete damaged an electrical line while excavating the basement of a new construction project. The company will pay $750 in civil penalties.

Eric Fortune, Jr., Lee County

Attorney General Bird alleges that Fortune excavated a trench in Fort Madison without marking underground utility lines. As a result, his equipment damaged a gas service line. Fortune then failed to notify proper authorities about the damage.

“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.”

 

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