The North Dakota Public Service Commission on July 2 approved consent agreements that assess civil penalties against two excavation contractors for failing to follow North Dakota 1 Call procedures.

Commissioner Hogan Hafford moved the orders adopting the consent agreements, which the commission approved by voice vote. The orders find violations of North Dakota Century Code 49-23-05, the statute governing excavation near underground facilities.

The commission’s order against Pickard Excavating Incorporated covered four enforcement matters (case numbers DM24334, DM24355, DM24356 and DM24357) tied to an excavation to install sewer and water lines in Minot. The order says Pickard struck Montana-Dakota Utilities facilities on three separate occasions—twice on Sept. 5, 2024, and once on Sept. 9, 2024—striking the same MDU natural-gas mainline. Pickard acknowledged the incidents, agreed to work with MDU on damages and was assessed a total civil penalty of $3,300, which the order divides as $1,100 per case. The order requires Pickard to remit payment to the commission within 10 business days of service.

The commission also approved a consent agreement with Jomax Construction Company (case DM24-368) arising from an Oct. 3, 2024, excavation about five miles southwest of Watford City adjacent to Highway 37. Kinder Morgan reported that Jomax operated outside the expanded excavation area without updating its North Dakota 1 Call ticket; Jomax admitted the failure and agreed to pay a $500 civil penalty, payable within 10 business days.

Commissioner Hogan Hafford praised commission staff for combining enforcement with education: “I always wanna commend Conrad, the manager, for taking the opportunity when working with these companies to educate them on our North Dakota 1 call law.” The order text echoed that approach, noting staff engagement with the companies to correct practices.

Decisions and next steps: both consent agreements were adopted at the July 2 meeting and require payment within 10 business days. The orders are enforcement measures under the commission’s damage-prevention program; no suspensions or further penalties were announced at the meeting.