excavates, disrupts or disturbs a roadway shall be responsible
for the complete repaving and repair of the roadway from
curbline to curbline. The following shall apply:
(1) Any repaving and repair of a State roadway required
under this section shall be to the satisfaction of the
secretary.
(2) Any repaving and repair of a municipal roadway
required under this section shall be to the satisfaction of
the applicable municipal public works director or designated
municipal representative.
(3) Except in an emergency, a public utility or
municipal authority shall notify the secretary or municipal
public works director or designated municipal representative
prior to any repairs or replacement to underground utilities.
The secretary or municipal public works director or
designated municipal representative shall require the public
utility or municipal authority to completely repair or
resurface the roadway within 90 days after the completion of
active work.
Section 4. Complaint for failure to repair.
(a) Public utilities.--Within one year of completion of the
repaving and repair of a roadway by a public utility, the
secretary, with respect to a State roadway, or the municipal
public works director or designated municipal representative
with respect to a municipal roadway, may file a complaint with
the Pennsylvania Public Utility Commission for any insufficient,
defective, noncompliant or incomplete repaving or repair of a
roadway. The Pennsylvania Public Utility Commission shall
immediately set a time for hearing and shall, after notice of
the hearing to the public utility that failed to comply with the
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