DES MOINES– The Iowa Utilities Board has issued an order ruling that Dakota Access engaged in construction-related activities without notifying the relevant county inspectors in violation of the Board’s March 10, 2016, “Final Decision and Order,” and prior to the Board’s issuance of the permit on April 8, 2016. The Board also determined that according to the record in this case, Dakota Access should not be assessed civil penalties.
However, the Board ruled that Dakota Access is put on notice that any future violations of the Board’s orders, especially the requirement for notice to county inspectors, may result in action by the Board, including civil penalties.
Today’s Board order noted the record shows that Dakota Access has undertaken activities, but only on property where Dakota Access has obtained voluntary easements, and that Dakota Access had permission of the landowners, and Dakota Access has not engaged in pipeline-related activities on these parcels beyond staking and clearing trees using hand tools.
The Board also found the Dakota Access “Compliance Filing” of April 14, 2016, is not sufficient to establish full compliance with the Board’s previous orders in Docket No. HLP-2014-0001.
The order states that during the course of this proceeding, Dakota Access made a voluntary commitment to the Board that it would file with the Board “permits, approvals or other similar documents from the U.S. Army Corps of Engineers…prior to commencing construction.”
The Board ruled that within ten days of the date of today’s order, Dakota Access, LLC, shall file a list identifying each Pre-Construction Notification site in Iowa, as described in the order.
The Board also ordered that Dakota Access, LLC, shall file an updated List of County Inspectors when Lyon County has retained an inspector.