THE Department of Public Works on Thursday issued a final notification giving the Commonwealth Utilities Corp. 60 days to fix portions of roads that were cut and trenched for underground repair projects.
There were at least 97 sites for which CUC obtained road-cutting and trenching permits last year, costing CUC a total of $41,225.
On Aug. 26, 2022, DPW Highway Inspector James M. Reyes issued a notice of violation against CUC for violating Public Law 5-41 which requires the CUC to repair within five days of completion of the project, all damaged, cut or trenched portions of the road including damaged portions to the shoulder, “as to good or better condition than that which the cut portion of road was, prior to the cutting and trenching.”
The final notification of road cutting restoration was issued on Thursday, but CUC did not receive a copy of it until 11:40 a.m. Friday.
In the final notification, acting DPW Secretary Ray N. Yumul told acting CUC Executive Director Dallas Peavy that a $5,000 fee will be assessed with each violation, and a $250 civil penalty per day.
Yumul said it was “much to our dismay” that road cuttings “continued without regard to public safety despite five years of several dialogues and notifications.”
He urged CUC to “resolve these impending hazards.”
DPW, he added, continues to support CUC’s objectives in all underground repairs and construction along right of ways. “We do not object to the continued and ongoing projects,” Yumul said, adding that “the final notification attempts to address repeated violations by CUC on road trenching projects with significant safety impacts to the general public.”
CUC, in its response to the initial notice of the violation, told DPW that it was relying on a private contractor to fix the trenched roads.
But Yumul said CUC remains responsible for compliance with all requirements of the cutting and trenching permit.
