Not checking with utilities before digging could cost $25,000

Before homeowners set out on home improvement projects or lawn work this summer, North Dakota Public Service Commissioner Brian Kalk is urging them to call before digging, or they could be paying.

Kalk met with officials with regional energy and communication providers Friday in Grand Forks to discuss the changes to the Call Before You Dig law and hear feedback on the increased maximum fine of $25,000.

Kalk said the purpose of the law is not only to protect citizens from injury, but to maintain the utility companies' infrastructure.

"I could never envision a private citizen who doesn't utilize Call Before You Dig getting fined $25,000, unless it was for something crazy," Kalk said. "But I can envision contractors whom, after the first violation, receive a smaller fine and keep ignoring the law then receive the max fine."

Prior to the changes made during the 2013 legislative session, the maximum fine for violating the Call Before You Dig law was $5,000.

Safety first

Mylo Einarson, Nodak Electric Cooperative president said while the changes benefit the energy and utility providers in North Dakota, the main focus should be public safety and convenience.

"We want to protect our infrastructure underground, there is a lot of money down there and losing power is never anything anyone wants, but it's extremely dangerous to hit our lines" Einarson said. "There will always be those folks that disregard safety in the name of speed, but hopefully this will slow some of that down."

David Dunning, Polar Communications president, said the risks of digging before calling are just as relevant for communications companies as they are for energy companies

"Digging could threaten more than just land lines, but 911 services, cellular services and broadband as well," Dunning said. "Ninety percent of our wireless service is carried out by fiber optics"

Changes in the law will go into effect statewide Aug. 1, and according to Kalk there have been 20 fines given out statewide since 2010 with zero fines given out prior to 2010.

"I have confidence that this will work itself out," Kalk said. "Now the goal is to spread awareness and improve the law where we can."

Citizens or contractors who plan to dig 12 inches or more are by law required to call 811 to have a provider mark where lines and utilities are placed underground prior to the start of digging.

Kalk said if an incident does occur, the utilities provider can file a formal complaint with the Public Services office. The staff will then file an investigation and, if deemed necessary, will hold a hearing to determine the need and severity of a punishment.

Call Austin at (701) 780-1137; (800) 477-6572, ext. 1137; or send email to aashlock@gfherald.com .