No fine will be levied in fatal pipeline explosion

DIXON – The Illinois Commerce Commission will not penalize the former M&R Farms for failing to notify JULIE before digging and rupturing a natural gas pipeline, causing an explosion Dec. 5 that killed two owners and injured two workers, one seriously.

It is the job of the ICC, which regulates public utilities, to enforce the state Underground Utility Facilities Damage Prevention Act. It requires any person who digs for any reason to call JULIE at least 2 business days before the dig, so the agency can determine if there are any underground utility lines or other hazards in the path of the project.

"The ICC determined that there was a violation of the law in this case," Marianne Manko, ICC director of public affairs, said in an emailed statement Thursday.

"Normally, the commission would have imposed a substantial penalty. However, in light of the tragic circumstances of this case, we determined that the penalty will be waived."

The purpose of an ICC notice of violation and fine is to drive home the point that notifications must be made to prevent such accidents.

M&R Farms could have been fined up to $5,000 for the infraction, but in making its decision, the ICC also took into account the farm's previous history of faithfully reporting projects involving digs, Manko said.

Rory Miller and his wife, Kathy, of Amboy, their son Ryan Miller and his wife, Jill, of Oregon, and Mark and Gloria Nusbaum of Dixon were partners in M&R Farms, 1684 Nachusa Road.

According to the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration, which investigated the cause of the explosion, no one called JULIE – Joint Utility Locating Information for Excavators – before Rory and Ryan Miller began installing irrigation tile in a field the farm was leasing, and so the men were unaware that a tractor that became stuck was caught on 20-inch high-pressure natural gas pipeline.

The pipeline ruptured as they tried to pull the tractor free, using another tractor. The Millers, 59 and 30, died in the ensuing fireball; worker Michael Koster, then 20, was burned over 60 percent of his body, and another worker, Kyler Ackland, also 20 at the time, escaped with only a few scratches.

According to the PHMSA report, which was dated April 2 but not made public until Monday, "no excavation notice was provided for this tiling work. It is possible that this incident might have been prevented if such a notice was provided."

That same report noted, however, that M&R Farms notified JULIE 18 times in 2016 and '17, eight times for tiling jobs. No explanation was given for the apparent oversight in this instance.

The total cost of the damage was $888,700. About $600,000 of that was equipment – the two tractors and the backhoe, the tiling plow, two pickup trucks and a tile spool trailer.

M&R Farms, which was established in 1996, subsequently was sold to Tettens Family Farm LLC for $3.143 million. The property transfer was recorded the first week in April, according to the Lee County Recorder's Office.

Thursday, Manko stressed the importance of calling 811, JULIE's notification line, before any type of digging is done by anyone – "even if it's just installing a swing set."

"Underground utility lines can be found an almost any depth, so even simple excavating or demolition projects require a locate request," she said in the email.

The law requires notification a minimum of 48 business hours before the dig begins. The location service is free.

CALL JULIE FIRST

According to state law, anyone planning an outdoor project that requires digging, regardless of the depth or the size of the project, must notify Joint Utility Locating Information for Excavators at least 2 business days before work begins.

JULIE's Call Center agents process requests 24 hours a day, 365 days a year, free of charge.

Call 811 or 800-892-0123 to place a local request.

Go to illinois1call.com/faqs.html for more information.