Attorney General Brenna Bird Sues Excavators for Violating Iowa’s One Call Law

DES MOINES—Iowa Attorney General Brenna Bird announced that she has filed three lawsuits against contractors in Boone, Woodbury, and Polk counties for conducting illegal excavations, some of which resulted in damage to underground utilities. She is also seeking contempt of court for violation of a prior consent decree against a contractor in Marion County.  

Under Iowa’s One Call law, everyone who digs, excavates, or trenches must contact Iowa One Call and provide notice of the planned excavation occurring after a forty-eight-hour period to prevent damaging underground utility lines or causing injury. The law also requires all underground utility lines to be promptly and accurately marked in the area of a planned excavation. Iowa One Call services are free to homeowners, contractors, and professional excavators. 

“Always call before you dig,” said Attorney General Bird. “That one call may be the difference that saves someone from injury or from danger to a community. We all have a role to play in keeping Iowans safe.” 

Boone County – Keller Excavating 

Keller Excavating, Inc. placed a locate request, and the underground facilities were marked accurately.  During the excavation, their equipment dug through a gas line that was clearly marked.  They did not hand-dig or expose the gas line prior to the excavation to identify its precise location.  Keller has agreed to a $5,000 penalty. 

Read the full lawsuit and consent order. 

Woodbury County – RP Constructors, LLC 

RP Constructors placed a locate request, but the geographic location the company marked on the ticket using electronic white-lining was narrower than the written description in the “area to be marked” section of the ticket.  As a result, certain underground facility operators never received notice of the excavation and were unable to locate and mark their facilities prior to the excavation.  RP then conducted the excavation despite the presence of a clearly visible, above-ground pipeline marker for Magellan, indicating the presence of an underground pipeline near the planned excavation and the absence of any locate markings for the pipeline. RP has agreed to a $5,000 penalty. 

Read the full lawsuit and consent order. 

Polk County—Wood Duck Landscapes 

Wood Duck Landscapes placed a locate request for an excavation, and the One Call ticket identified that utilities had until Oct. 14, 2024, to locate and mark their facilities.  On October 10, 2024, WDL proceeded with removing landscaping blocks and preliminary excavations prior to all underground facilities being located and marked and hit a pipe that they assumed was an irrigation pipe.  The pipe was a natural gas pipeline, and the damage occurred near where the above ground pipeline gas meter for the house was located.   

Read the full lawsuit here.  

Marion County– Van Den Broek Concrete 

Van Den Broek Concrete has repeatedly violated the One Call law.  They were cited in 2021 and 2023 for violations and have paid $22,000 total in penalties. Van Den Broek placed a locate request for an excavation, and the One Call ticket identified that utilities had until April 15, 2024, at 8 a.m., to locate and mark their facilities.  Similar to the 2021 and 2023 violations, Van Den Broek commenced the excavation on April 13, 2024, prior to all underground facilities being located and marked. Our office will pursue contempt of court against Van Den Broek for violating the prior court orders prohibiting future violations of Iowa’s One Call law.  

Read the application for contempt here. 

Iowa One Call Law 

Excavators who violate the One Call law are subject to a civil penalty of up to $10,000 per day for violations related to natural gas and hazardous liquid pipelines, and up to $1,000 per day involving other underground utility lines. Violators also may be liable for the costs to repair damage they cause. 

The Iowa One Call Notification Center can be reached online at www.iowaonecall.com or by phone at 811 (or toll-free at 800-292-8989). The center is open 24 hours a day, seven days a week, 365 days a year. 

Filing complaints: 

To report an alleged One Call violation, go to: https://www.iowaattorneygeneral.gov/onecall/onecall-complaints-and-enforcement. 

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For More Information:

Jen Green 

jen.green@ag.iowa.gov