April 3, 2013
Jefferson City, Mo. – Attorney General Chris Koster today filed a lawsuit against DTS Brokerage & Development, LLC and Pinnacle Plumbing, LLC for violations of Missouri’s Underground Facility Safety and Damage Prevention Act, which is commonly referred to as the One Call law.
Koster said DTS Brokerage & Development LLC owns and operates a housing development business known as DTS Custom Homes, which is based out of Farmington, Arkansas. Pinnacle Plumbing, LLC owns and operates a business known as Pinnacle Plumbing & Mechanical that performed excavation work for DTS Custom Homes in two residential locations in Joplin.
Koster alleges DTS Brokerage & Development and Pinnacle Plumbing violated the Underground Facility Safety and Damage Prevention Act by calling in a location to One Call in May 2012 that was not for the correct area in which they planned to dig, and in a second event in June 2012, calling in a completely erroneous location. In both instances Pinnacle Plumbing hit underground gas lines.
"Missouri’s One Call System provides an important protection for underground utilities and the surrounding areas," Koster said. "The law is clear that excavators must have underground utilities marked before any digging begins. Any excavator who does not provide a clear description of where he will dig, fails to check for underground utilities or who begins digging before utilities are marked will be held accountable by my office."
Koster is asking the court to issue a preliminary and permanent injunction prohibiting the defendants from any further violations of the Underground Facility Safety and Damage Prevention Law; to assess a civil penalty up to $10,000 per day for each violation of the Underground Facility Safety and Damage Prevention Law; and to require payment of all costs associated with the case.