Minneapolis, MN – A former executive with Plummer Excavating, Inc. received a year of probation for his role in a 1998 oil pipeline rupture that released crude oil near the company’s facility. Randy Lee Konickson, then Vice President of Plummer Excavating, pled guilty in December 1999 to violating federal environmental regulations, bringing a close – though not necessarily a satisfying one for environmental watchdogs – to a case that highlighted the risks of inadequate site assessment and operational oversight.
According to court documents, the incident occurred on September 16, 1998, when Konickson directed an employee to use heavy machinery – a backhoe – to bury rocks in a field adjacent to Plummer Excavating’s property. The operator inadvertently struck an unmarked crude oil pipeline running through the field, causing a spill. Crucially, Konickson failed to take the legally required steps to determine what underground infrastructure existed on the property *before* initiating the excavation. This lack of due diligence proved to be the central issue in the criminal case.
The Environmental Protection Agency (EPA) launched an investigation following the spill, leading to an indictment in April 1999 against both Konickson and Plummer Excavating, Inc. The charges included violations of the Oil Pollution Act (33 U.S.C. 1321(b)(3)), pertaining to the discharge of oil into navigable waters, and negligent violation of regulations under 33 U.S.C. 1319(c)(1). The indictment alleged that the company and Konickson acted negligently, failing to exercise due care to prevent the release of oil, and did not adequately respond to mitigate the damage once the spill occurred.
Corporate and Individual Accountability
While Konickson received 12 months of probation for his role, Plummer Excavating, Inc. faced a more substantial penalty. In January 2000, the company pled guilty to the same charges and was sentenced to 36 months of probation and ordered to pay a $50,000 fine. The case serves as a stark reminder that environmental crimes carry both individual and corporate consequences. The EPA routinely pursues both avenues of enforcement to ensure accountability at all levels of an organization.
Impact and Aftermath
The extent of the environmental damage caused by the spill was not detailed in court records, but the incident undoubtedly raised concerns about the safety of aging pipeline infrastructure in Minnesota and the importance of “call before you dig” programs. The case underscores the potential for significant environmental and economic harm resulting from accidental pipeline strikes, and the legal repercussions for those who fail to comply with regulations designed to prevent them. The EPA continues to prioritize enforcement of the Clean Water Act and Oil Pollution Act, particularly in areas with extensive pipeline networks.
Key Facts
- Defendant: Randy Lee Konickson
- Company: Plummer Excavating, Inc.
- State: Minnesota
- Year: 2000
- Statutes Violated: 33 U.S.C. 1321(b)(3) and 33 U.S.C. 1319(c)(1)
- Konickson Penalty: 12 months probation
- Plummer Excavating Penalty: 36 months probation, $50,000 fine
- Incident Date: September 16, 1998 (pipeline struck by backhoe)
GrimyTimes will continue to follow environmental crime cases and report on developments as they unfold.
Source: EPA ECHO Enforcement Case Database
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