AGENDA May 22, 2012

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Tuesday, May 22, 2012 
2 p.m. CDT, 1 p.m. MDT 

The Enforcement Panel of the South Dakota One Call Board will consider each of the following South Dakota One Call Complaints: 

OC12-002  In the Matter of the Complaint filed by Crooks Municipal Utilities, SD against May Construction, Inc. 
Crooks Municipal Utilities filed a South Dakota One Call Complaint on April 18, 2012 alleging that May Construction, Inc. damaged a 60 psi gas line with a trencher west of 47550 – 258th Street. Crooks Municipal Utilities stated the lines were marked before and after the damage with the marks being unchanged. Pictures were attached. May Construction responded to the Complaint on May 9, 2012, stating the locates were off and provided pictures.

     Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that May Construction, Inc. violated 49-7A-10 or any other statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC12-003  In the Matter of the Complaint filed by Crooks Municipal Utilities, SD against May Construction, Inc. 
Crooks  Municipal Utilities filed a South Dakota One Call Complaint on April 18, 2012 alleging that May Construction, Inc  damaged a 60 psi gas line at  47518 – 258th Street while pot holing with digging equipment. Pictures were provided. May Construction, Inc. responded on May 9, 2012 and did not deny the statements of the Complaint. May Construction stated that the foreman and the crew need to take more care in excavation. They have been in business since the mid-70’s and have had no previous complaints.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that May Construction, Inc. violated 49-7A-10 or any other statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC12-004  In the Matter of the Complaint filed by Crooks Municipal Utilities, SD against May Construction, Inc.
Crooks  Municipal Utilities filed a South Dakota One Call Complaint on April 18, 2012 alleging that May Construction, Inc  damaged a 400 psi gas line at the corner of 475th and the northeast corner of 258th Avenue. Pictures were provided. May construction responded on May 9, 2012 by stating that it was unfortunate that this damage occurred, since care was taken in exposing the line prior to excavation. May Construction further stated that it has been in business for over 30 years with no prior complaints.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that May Construction, Inc. violated 49-7A-10 or any other statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC12-005  In the Matter of the Complaint filed by Crooks Municipal Utilities, SD against May Construction, Inc. 
Crooks  Municipal Utilities filed a South Dakota One Call Complaint on April 18, 2012 alleging that May Construction, Inc  damaged a 60 psi gas line at 47558 – 258th Street after the locate flags had been removed. Pictures were provided. May construction responded on May 9, 2012 by stating that a respot should have been called in. May Construction further stated that the employee was cooperative, and there have been no past violations for May Construction. They further stated that they need to be more aware and take more time and care in excavation.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that May Construction, Inc. violated 49-7A-10 or any other statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

You are welcome to listen in to this call, however only the written information provided by the complainants and the written responses from the defendants will be considered per SDCL 49-7A-25. No comments from either party involved in the complaints will be taken during the call.

Note: Please call (605) 339-0529 at least 10 minutes prior to the call for call-in instructions. We have limited ports available on the conference bridge, so if you do plan to call in, please conference in on one line.

Larry L. Janes
Executive Director
South Dakota One Call
exedir@sdonecall.com
(605) 339-0529