AG sues Lynnville man for 'One Call' violations

Newton Independent

A Lynnville man has been sued by the Iowa Attorney Generals Office for failing to notify the "One Call" hotline prior to conducting excavation work.

In the suit filed Wednesday in Poweshiek County, the state alleges Randy Van Kooten conducted excavations with a bulldozer on Dec. 3, 2008 to clear trees and brush at a rural Poweshiek County site without first contacting the One Call Notification Center and before underground facilities were located and marked.

The suit further alleges that while conducting the excavation work, Van Kooten's bulldozer missed by only six inches an 8-inch diameter hazardous liquids pipeline carrying propane under 783 pounds per square inch of pressure, and another pipeline, 25 feet away, carrying petroleum.

The pipeline operator, Magellan Midstream Partners, became aware of the excavation work, the suit alleges and advised Van Kooten of the need to have the pipelines marked but he continued with the excavation.

The suit goes on to allege that in a separate incident three months later, Van Kooten conducted excavations with a backhoe at a rural Poweshiek County site, without notifying One Call, in the vicinity of telephone lines owned by the Sully Telephone Association.

The suit is one of three filed on Wednesday by the Attorney Generals Office that ask the court to order civil penalties and prohibit further violations. The other cases were filed in Polk and Franklin counties.

In the Polk County case, the state alleges Mihalovich Plumbing and Heating hit and severed a 24-strand Qwest fiber optics line and a telephone service line while installing new water service in Altoona. The damage knocked out 9-1-1 emergency call service and telephone service to a number of communities, including Colfax and Prairie City.

"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 announcing the lawsuits. "The One Call law protects the public, and it protects excavators from injury or death."