MINUTES January 15, 2013

January 15, 2013, 9 a.m. CST, 8 a.m. MST

Roll Call:

Enforcement Panel Members in attendance: Erin Hayes; Dan Kaiser: Fay Jandreau; Gene Solseth; John Ward; Legal Counsel, Kristen Edwards; Executive Director, Larry Janes.

Also in attendance:
Ron Blum, Montana-Dakota Utilities Company; and Terry Larson, Heavy Constructors

In the matter before the South Dakota One Call Notification Board Enforcement Panel

OC12-017 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Zandstra Construction, Rapid City, South Dakota, for an Incident Occurring on November 21, 2012, in Rapid City, South Dakota

On December 12, 2012, Montana-Dakota Utilities Company filed a complaint against Zandstra Construction, alleging that Zandstra Construction dug without a valid South Dakota One Call locate. Scott Zandstra from Zandstra Construction responded on December 20, 2012 and did not dispute the allegation.  He stated that they will call in locates before digging and that this will not happen again.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Zandstra Construction  violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

Probable Cause discussion and motion: Dan Kaiser stated that Zandstra Construction admitted they failed to call in a locate request. He made a motion that there is probable cause that a violation of 49-7A-5 did occur.

Fay Jandreau seconded the motion. A roll call vote was taken. Motion carried unanimously upon a roll call vote.
Intentional or unintentional discussion and motion: John Ward stated that he felt the violation was
intentional, due to the fact that there was no locate ticket requested. Erin Hayes also stated this was an
intentional violation. Fay Jandreau mentioned that Zandstra Construction needs to become aware of
the requirements of South Dakota One Call law, based on their statement that they didn’t think the line
was live, so they did not call in a request. Fay went on to make a motion that this was an intentional
violation. Dan Kaiser seconded the motion. Motion carried unanimously upon a roil call vote.
Penalty Assessment discussion and motion: John Ward made a motion to assess a penalty of $1,000
with $500 suspended with the following conditions:

  1. Zandstra Cosntruction shall make payment of the penalty within thirty days of issuance of the final SD
    One Call Board Order.
  2. Zandstra Construction shall conduct a documented in-house safety meeting for its employees. The
    meeting shall be held within 30 days of the final One Call Order. Documentation shall include the
    printed and signed names of the meeting participants, details of the material discussed along with the
    date and length of the meeting. Documentation shall be submitted to the Executive Director of South
    Dakota One Call.
  3. Zandstra Construction shall send a representative to a South Dakota One Call Spring Excavator
  4. Zandstra Construction shall not be found guilty of a One Call violation in the next 12 months.
    If any of the conditions are not met, the entire One Thousand Dollar Penalty ($1,000) will be
    immediately due and owing.

Gene Solseth seconded the motion. Motion carried unanimously upon a roll call vote.

Minutes of this meeting were prepared by Larry Janes, Executive Director, South Dakota One Call Notification Board.