Failure to follow Iowa One Call protocols has netted a contractor a five-figure fine after he began digging in rural Ryan without following the proper procedure, court documents state.
According to a petition filed in the Iowa District Court for Delaware County by the State of Iowa, Doug Klima, doing business as Klima Drainage, failed to provide 48-hour notice of excavations and proceeded on two separate occasions without locating underground facilities, including a “3-inch diameter natural gas pipeline under 820 pounds per square inch of pressure and a 36-inch diameter natural gas pipeline under 1920 pounds per square inch of pressure, respectively.”
According to court documents, on April 8, 2015, Klima conducted multiple excavations near the intersection of 310th Street and 150th Avenue near Ryan to install drain tile. Klima placed a locate request for excavation on April 7, 2015 with a notification he would begin April 9.
Northern Natural Gas (NNG) stated it would mark the pipeline and indicated that a pipeline representative must be present during all excavations within 25 feet of the pipeline. When the pipeline staff arrived on April 8, 2015, they observed that “Klima had already commenced the excavation. Pipeline staff observed multiple excavations within the vicinity of the pipeline, including one that likely came within 30 feet of the pipeline.”
Court documents note that Klima was previously assessed two civil penalties for Iowa One Call violations in Jones County for $5,000 in 2000 and $500 in 2002.
District Court Judge Monica Zrinyi Wittig has ordered Klima to pay a civil penalty of $12,500 for the violations.
Additionally, Wittig ordered that Klima, or any employees doing business for Klima Drainage, are “permanently enjoined from commencing any non-emergency excavation in the State of Iowa, without first contacting the statewide notification center at its toll-free number (1-800-292-8989 or 811), at least 48 hours prior to the planned excavation.”