AGENDA November 25, 2014

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Tuesday, November 25, 2014
10 a.m. CST, 9 a.m. MST

MEETING LOCATION AND CALL-IN NUMBER:

Mid-Dakota Rural Water System, Inc.
608 W. 14th St., Miller, S.D. (Conference Room)

Call (605) 339-0529 at least 10 minutes prior to the meeting for call-in instructions.

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

OC14-017     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Lance Wellman, Hill City, South Dakota, for an Incident Occurring on April 16, 2014, at 2451 Emerson Ln., Rapid City, S.D.

On July 14, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Lance Wellman (Wellman)  severed a gas line while digging without a locate request.

At the October 9, 2014, Enforcement Panel Meeting, the Panel deferred this complaint to the next Enforcement Panel meeting due to the lack of a correct mailing address for Wellman. It had been determined by Legal Counsel of the South Dakota One Call Board that it is the responsibility of Montana-Dakota Utilities Company to provide a correct address. To date, MDU has not provided a new mailing address.

Today shall the Enforcement Panel of the South Dakota One Call Notification board dismiss the complaint against Wellman, or shall the complaint be deferred to a future date?

OC14-022     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Second Nature Landscaping, Rapid City, South Dakota, for an Incident Occurring on July 2, 2014, at 2915 Marlin Dr., Rapid, S.D. 

On September 19, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Second Nature Landscaping (Second Nature) dug through a 50 psi gas line using an expired locate ticket.

Second Nature Landscaping did not respond to the complaint.

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

OC14-023     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against J X T Excavating, New Underwood, South Dakota, for an Incident Occurring on July 3, 2014, at 7341 Castlewood Dr., Summerset, S.D. 

On September 19, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that JXT dug through a 50 psi gas line while excavating without a locate ticket.

JXT did not respond to the complaint.

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

OC14-024     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Olson Construction Inc., Rapid City, South Dakota, for an Incident Occurring on July 8, 2014, at 824 Farlow St., Rapid City, S.D. 

On September 19, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Olson dug through a 35 psi gas line while excavating without a locate ticket.

Olson did not respond to the complaint.

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

OC14-025     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Nelsen Construction, Rapid City, South Dakota, for an Incident Occurring on July 21, 2014, at 3249 Marvel Mt. Rd., Rapid City, S.D. 

On September 19, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Nelsen damaged a 50 psi gas line while excavating on an expired locate ticket.

Nelsen did not respond to the complaint.

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

OC14-026     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Concrete Professionals, Rapid City, South Dakota, for an Incident Occurring on September 3, 2014, at 305 E. Bengal Dr., Rapid City, S.D. 

Mr. Brad Ficken, Professionals, responded on October 8, 2014, by stating that this was not intentional, but was due to a miscommunication between himself and an employee. Mr. Ficken further stated that in the future he will make sure that every job is located prior to starting work on every job they perform whether they are drilling or not.

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

OC14-027     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Decorative Concrete Design, Rapid City, South Dakota, for an Incident Occurring on September 4, 2014, at 612 Ziebach St., Rapid City, S.D.

On September 19, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Design damaged a 55 psi gas line while excavating without a locate request.

Mr. Jeremy Nehl, Design, responded on October 9, 2014, by stating that they did not have a locate ticket. He did not feel they were excavating and that the gas line was too shallow. Mr. Nehl went on to say that after reading the One Call book he has a better understanding of South Dakota One Call rules and will call in on all any and all jobs that require any type of ground work regardless of the depth or size.

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

OC14-028     In the Matter of the Complaint Filed by Watertown Municipal Utilities, Watertown, South Dakota, Against Hobart Construction, Watertown, South Dakota, for an Incident Occurring on September 15, 2014, at 1155 Fourth St. NW, Watertown, S.D. 

On September 23, 2014,  Watertown Municipal Utilities (Watertown) filed a complaint alleging that Hobart damaged a 120/240 v electrical line while working without a locate request. Work continued for another day without a locate request.

Hobart did not respond to the complaint.

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

OC14-030     In the Matter of the Complaint Filed by City of Brandon, Brandon, South Dakota, Against Krueger Excavating Inc., Sioux Falls, South Dakota, for an Incident Occurring on September 19, 2014, at 0 E. Ponderosa Circle, Brandon, S.D.

On September 25, 2014 the City of Brandon (Brandon) filed a complaint alleging that Krueger began work on a project prior to the start date and time on the locate ticket.

Krueger did not respond to the complaint.

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

OC14-031     In the Matter of the Complaint Filed by CenturyLink, Rapid City, South Dakota, Against Salzsieder Construction, Spearfish, South Dakota, for an Incident Occurring on August 25, 2014, at the Alley between Oliver and Ames North of St. Joe, Spearfish, S.D. 

On October 9, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Salzsieder sawed off a four foot section of an 1800 pair cable while working without a locate ticket.

Mr. Dave L. Claggett, J.D. responded on behalf of Salzseider Construction on October 27, 2014, by stating that Mr. Salzsieder did in fact have a locate ticket, and took the proper steps to contact Century Link. The cable was not properly marked, and Centurylink did not timely respond to Mr. Salzsieder’s phone calls to resolve this matter at the location.

On October 26, 2014, CenturyLink requested that the complaint be withdrawn. A locate was requested, but due to a misspelling, the locate ticket could not be found under the name Salzeider.

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

OC14-032     In the Matter of the Complaint Filed by CenturyLink, Rapid City, South Dakota, Against Black Hills Septic and Ditching, Rapid City, South Dakota, for an Incident Occurring on August 27, 2014, at the Rear of 205½ E. Watertown St., Rapid City, S.D. 

On October 14, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Septic damaged 300 pair and 900 pair communications cables while excavating with a backhoe.

On November 10, 2014, Mr. Aaron Olson, Septic, responded by stating that CenturyLink’s cables were not marked prior to excavation, although other lines were marked.

Both parties provided locate ticket numbers, however neither party provided a locate ticket as evidence.

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

Only the written information provided by the Complainants and the written response from the Defendants will be considered in making the probable cause determination, per SDCL 49-7A-25. No comments from either party involved in each of these complaints will be taken during this 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