Iowa Utilities Board issues order to Dakota Access for beginning construction without permit

Published on May 06, 2016 by Daily Energy Insider Reports

The Iowa Utilities Board issued an order on Tuesday, ruling that Dakota Access violated its final decision and order from March 10 by commencing construction-related activities while neglecting to notify relevant county inspectors.

According to the final decision and order, Dakota Access was to notify county inspectors before beginning any construction-related activities for the development of a new pipeline network in Iowa.

According to the recent ruling, Dakota Access executed pre-construction tasks, such as cutting down trees and removing shrubbery, without notifying county inspection organizations. Because Dakota Access had voluntary easements and permission from landowners to do such work, however, the utility did not have to pay civil penalties. The board ruled that such penalties will be due if Dakota Access continues such construction-related tasks without formal permission.

During the hearing, the board determined that the compliance filing issued by Dakota Access on April 14 was insufficient to establish full compliance. The utility was to file permits and other approval documents with the U.S. Army Corps of Engineers and other county regulators before beginning construction and failed to do so.

The board ruled that Dakota Access is to submit a list that identifies each of the organizations with which it must file a pre-construction notification in Iowa, as stated in the original ruling. Dakota Access is to submit the document within 10 days of Tuesday’s hearing.